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Workers' Comp vs. Personal Injury

Seeking Compensation for Injuries at Work

If you have been injured at your workplace, one of the first things you must do is determine whether you will seek protection and compensation through workers' compensation or personal injury law. Understanding the differences in these laws will play a huge role in your recovery because they will define how much compensation you may be able to obtain and how easy the process will be.

Both types of claims were established for the purpose of helping injury victims recover fair and responsible compensation, but the type of proof required and the type and amount of compensation that is available is very different.

What type of claim should I file for?

One of the first questions that people ask after they have been injured in an accident is "What is the value of my case?" and the answer depends upon the type of claim that they qualify for. Personal injury law covers a much broader scope of injury cases such as car accidents or nursing home abuse cases, whereas workers' compensation law is limited to workers who are hurt on the job. In order to qualify for a personal injury claim, the victim must be able to "prove" that the negligence of another person or business caused their damages.

This proof is not needed for a workers' compensation claim, and the worker simply has to prove that the injury occurred during the course of their employment or that the injury arose out of the employment. For example, a construction worker who suffers spinal cord injury because of lifting heavy materials and needs to take time off for medical treatments has a valid claim for workers ' compensation even though his employer was not at fault. The only way that worker can pursue a personal injury lawsuit is when someone other than an employer or a co-worker is to blame.

Help from an Oakland Workers' Comp Lawyer

One of the main reasons that a worker may choose to file a personal injury claim as opposed to a workers' comp claim is that there is no limit on the amount of compensation that may be recovered under personal injury law. Workers ' compensation laws give strict limits to the amount of money that workers are entitled to, whereas personal injury law simply lists the categories of damages that are available to someone who is injured by the negligence of another.

However, winning a personal injury claim can be extremely difficult because there are many defenses available to employers that protect them from paying damages. Even if you are successful in winning a personal injury claim, there is no guarantee that you will recover the amount of money that you need.

By choosing to file under workers' compensation with the help of a qualified attorney, you can be confident that you will receive money for your injuries. There are some situations where a person injured in an accident can have more than one source of recovery, and it is vitally important to have the help of a lawyer for these cross-over cases.

With the assistance of our Oakland workers' comp lawyers at The Law Offices of Jonathan M. Brand, you can obtain the compensation you need in a timely manner so that you can focus on recovering from your injuries.

Our attorneys have devoted their professional careers to understanding workers' compensation law and the ways that the law protects your rights as an injured employee. We share 60 years of combined experience in this field. The vast majority of work-related claims are handled through California's worker's compensation program and your employer is not allowed to penalize you in any way for seeking compensation for your injuries.

To learn more about how you can seek the financial compensation you deserve, don't hesitate to call The Law Offices of Jonathan M. Brand.

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