Is My Claim for Personal Injury or Workers’ Compensation?

If you’ve been injured in an accident, legal assistance can make a big difference in the compensation you ultimately receive. So what kind of lawyer should you call? Naturally, you would think of a personal injury lawyer. But that may not be the case if you were injured at work.

What is Personal Injury?

A personal injury is an injury to your body and your emotions after an accident. The law provides a way to compensate you for your losses from an accident. These are “damages” and they typically compensate for:

  • Medical bills
  • Lost wages
  • Future expenses
  • Pain and suffering

Importantly, a personal injury claim requires some other party to be at fault for your injuries. Fault can either be intentional conduct (like when a person purposely injures you), or negligent conduct (like when a person carelessly injures you).

What If I Was Injured at Work?

Let’s say your injury was from a slip and fall accident. Did it happen in a restaurant or at work? That’s an important question, because in Nevada an injury at work means you do not have the right to sue your employer. That means you do not have a personal injury claim. Instead, you get workers’ compensation benefits.

How Will Workers’ Compensation Help Me?

Your employer is required to carry workers’ compensation insurance to compensate you if you are injured on the job. You first report your injury to your employer and are evaluated by a medical provider in the insurance network. Your claim does not depend on your employer being at fault for your injury. You do not need to file a lawsuit, which means you will likely receive your benefits faster.

What Are My Workers’ Compensation Benefits?

Workers’ compensation provides:

  • Medical benefits to treat your injuries until you significantly improve.
  • Vocational rehabilitation if you cannot return to your normal job.
  • Death benefits and funeral expenses to survivors of a worker who died.
  • Wage compensation depending on whether you are temporarily or permanently disabled, and whether your disability is total or partial.

There are two important differences in what you receive under workers’ compensation from personal injury damages. First, your wage compensation is partial under workers’ compensation and not your regular amount. And second, unlike personal injury damages, workers’ compensation benefits do not include pain and suffering from the accident.

When to Call Sam & Ash, LLP

There can be a lot of gray areas in which your particular case may fall. Some injury accidents present claims against an employer and a third party who contributed to the accident. That means you can pursue a personal injury case in addition to receiving workers’ compensation benefits.

You can get answers at Sam & Ash, LLP. Call us for a free consultation 24/7 at 1 (800) 304-2000. We help people get What’s Right.

Author: Sam Mirejovsky

For more than 20 years, Sam Mirejovsky has been helping people who have been hurt due to negligence and wrongdoing. Bringing a client-centered approach to every case, Sam believes that getting the care you need and the justice you deserve is only achieved when you take the time to understand your client and their personal circumstances. This mindset has helped him change the landscape of personal injury law and recover millions of dollars for injured people and their families.