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Understanding whether its personal injury or worker’s comp action

| Aug 31, 2018 | Workers' Compensation |

Accidents happen. We do not like to think about them, but individuals in California and elsewhere find themselves as victims of a serious accident. It should be noted that not all accidents are the same. Some occur in the workplace, signaling that a worker has certain rights and benefits because of the injury they suffered. In other cases, the negligence of another driver, property owner or defective products are the cause of the accident. By discerning which type of suit applies can help an individual be more successful in their efforts.

To begin, the burden of proof when asserting a personal injury claim differs from the proof needed when filing for workers’ compensation. While both actions are due to a person becoming injured; however, the basis for a personal injury action is the fact that someone was likely negligent. That party owed the injured person a duty, they failed to uphold that duty and injuries were suffered because of it.

On the other hand, the process of seeking workers’ comp is much different. It essentially eliminates the need to prove that a duty was owed and that duty was breached. However, a worker must show the cause and the resulting injuries that were suffered. In order to obtain these benefits, the accident must occur in the course of employment and related to it.

Workers’ comp can be a very beneficial benefit for a worker injured on-the-job. A work accident could cause much pain and suffering, medical bills, require rehabilitation and even result in lost wages. Thus, it is important to understand ways to overcome these losses and damages.

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