No matter how safe any company is, sometimes workplace accidents and injuries happen. If you’re busy doing your job in an accident happens, like a fall, and you become injured, you can seriously lose out on a lot of time at work. As we all know, time equals money, so none of us can afford to lose time while dealing with an injury. Here’s what you should know about Louisiana personal injury claims.
With an injury also comes additional medical bills. Not only are you not working during this time, you’re also required to pay co-pays and other treatments to help fix whatever was injured. Usually when this happens, people file a worker’s compensation claim helps take care of those extra medical bills and pay for your time off to recover.
What most people don’t know is that it’s not just a worker’s compensation claim that will pay out. You can also file to receive a personal injury claim which is often a lot better than the benefits you get by filing workers comp. This might be considered by many as you suing your boss for what happened, but in a lot of cases it’s really a third-party that caused the accident to happen.
That third-party might be the owner of the building, or the designer of the machine that malfunctioned. In any of these examples, the person responsible would most likely have insurance that would be able to pay out a claim due to their safety shortcomings. It’s not uncommon for a landlord or building owner to not keep their place up to code. That means you shouldn’t be afraid to file a personal injury lawsuit.
That leaves the big question: which is better? Workers comp or a personal injury claim? And which option (or both) could work in your situation?
Really the main big difference between a personal injury claim and workers comp is how fault is determined. Workers compensation doesn’t have to prove that anyone is at fault for what happened. You got injured at work so you’re entitled to benefits to help get through your situation. Yes, even if the injury was 100% your fault, you’re still entitled to workers’ compensation benefits.
Many companies have this type of coverage to protect their workers. The problem is, workers compensation is limited. You’ll only cover the economic costs of your injury and maybe some medical bills. Pain and suffering is usually not a part of that and workers comp only last for so long before it runs out. Every state is different, but your benefits only last 3 to 5 years. This is where filing a personal injury claim would help.
Personal Injury Claim
Personal injury claims, on the other hand, do require a fact-finding mission. You will have to prove that someone else was at fault for your injury. If you’re injured at work due to someone else’s negligence, that’s a completely different story altogether. You would be entitled to pain and suffering, payment of medical bills, and even financial assistance to deal with lost wages while you’re away from work.
If you deal with the defective product that causes your injury, you can file a lawsuit against them product manufacturer. If your employer forced to do something that caused serious harm or even death, you can sue the employer. If a part of the ceiling came off and got hit in the head with a brick, you could sue the building owner.
One of the most common types of personal injury claims include slip and falls. They can be due to the negligence of the owner of the building or your employer. Slip and fall accidents are often considered liability claims, as the injury is due to the actions of another, making them liable for compensation.
Their insurance company will most likely fight the claim and say you were responsible for your own accident, spinning the narrative so they don’t have to pay out. That’s why you should be prepared for a fight and hire a personal injury lawyer in the event that they attempt to stop you from getting the benefits that you need to survive as you recover.
What About Car Accidents?
One instance in which you should file a personal injury claim is if you get into a car accident while working. You can file a claim against those who hit you. If you are making a delivery for work and you get hit by a drunk driver, you can certainly file that lawsuit against the driver to help pay for your bills.
If you drive and make deliveries, you risk your life every single day by being out on the road. There are dangers around every corner, especially if the weather is bad or you’re working at night. You should have firsthand knowledge about how you can seek damages if you’ve been injured while on the job.
Why You Need a Lawyer
Filing for a personal injury claim or fighting insurance companies to ensure you get your recovery money is a lot of work that requires extensive legal knowledge of the process. That’s why it’s always best to hire a lawyer to take care of the situation for you. They will know everything about your state’s laws and any federal requirements that must happen in order for you to win your case.
It’s important to remember that the person your face, whether it’s your employer, an insurance company, or the owner of the building probably has more resources to fight than you do. They have plenty of money on their side and a team of lawyers ready to take you down. You can fight back by hiring a lawyer yourself and not giving them a single inch. You have bills to pay and a family to take care of, so don’t leave it to chance.