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Comparing personal injury and workers’ compensation cases

If you are hurt while performing tasks for your Florida employer, you may be entitled to compensation. However, instead of filing a personal injury lawsuit against that company, you would file a workers’ compensation claim. Take a closer look at the differences between a lawsuit and a workers’ compensation claim.

No one admits fault in a workers’ compensation case

This system is designed to resolve workplace injury cases as quickly as possible. Therefore, neither party in the matter is required to admit that they were at fault for an accident that led to a broken bone, concussion, or internal bleeding. Conversely, litigation is used to determine who is responsible for damages that an injured victim has incurred. It’s worth noting that you typically cannot file a personal injury lawsuit against your employer unless an accident was caused by gross negligence.

Your claim is limited to medical bills and lost wages

If your workers’ compensation claim is approved, you will receive a financial award to help pay any medical costs related to a workplace injury. Furthermore, you’re typically entitled to a portion of the wages that were lost while recovering from an injury like a sore back or torn neck muscle. In a personal injury case, you could be entitled to compensation for pain and suffering, lost future earnings, and various other damages.

You’ll need to report a workplace accident quickly

Typically, you have two years from the date of an injury to file a personal injury lawsuit. However, you must generally report a workplace accident no more than 30 days after it happens. Failing to adhere to this deadline may complicate your efforts to obtain the resources necessary to achieve full medical improvement.

If you’re involved in a workplace accident, it’s in your best interest to report the incident as quickly as possible. This may make it easier to verify your claim that a broken back, concussion, or other injury was sustained while on the job. An attorney may help you with the process of filing a workers’ compensation claim.

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