Separating Personal Injury From Workplace Accidents: What Lawsuit Do You Need? – Guest Post

Picture this: you’re at work and slip on a wet floor, resulting in a broken leg. You are then faced with whether to file a personal injury lawsuit or a workers’ compensation lawsuit. This decision can be confusing and stressful for anyone, especially those unfamiliar with the law’s nuances. However, understanding the differences between these two types of lawsuits can help you determine which is best for your situation.

Basic Distinctions

First and foremost, it is important to understand the difference between personal injury and workplace accidents. Personal injury refers to an injury caused by the actions or negligence of an individual or group of individuals, while a workplace accident is an injury that occurs while an employee is working on the job. Workplace accidents are further separated into two categories: those eligible for workers’ compensation benefits and those not eligible. In order to determine which lawsuit you need, you must first determine the cause of your injury.

Location and Context

If your injury was caused by a third party, such as a car accident while driving for work, you would file a personal injury lawsuit against that individual or group. However, if your injury was directly caused by your employer or a coworker on the job, then you would file a workers’ compensation lawsuit. This type of lawsuit provides benefits to cover medical expenses and lost wages, but it also means that you cannot sue your employer for any additional damages.

Statute of Limitations

It is also essential to consider the statute of limitations for each type of lawsuit. A personal injury lawsuit in most states has a statute of limitations of two to three years, which means you have a limited amount of time to file your claim. However, a workplace accident or workers’ compensation claim has a much shorter statute of limitations, usually 30 to 90 days. It is critical to act quickly and seek the advice of an experienced attorney if you are considering filing a lawsuit.

Difficulty of Filing and Winning the Case

The burden of proof falls on the plaintiff when proving fault or liability in a personal injury case. This means the plaintiff must provide evidence that the defendant’s actions or negligence directly caused their injury. In a workplace accident or workers’ compensation claim, the fault must not be proven. As long as the injury occurred while on the job, the employee is eligible for benefits regardless of whose fault it was.

Navigating the legal system can be intimidating, especially regarding personal injury and workplace accident lawsuits. By understanding the key differences between these two types of lawsuits, you can decide which lawsuit is best for your situation. Consult with an experienced attorney to guide you through the process and ensure you receive the benefits you are entitled to. Remember, time is of the essence, so act quickly to protect your rights and receive the compensation you deserve.