The field of workers’ compensation litigation has limitations compared to personal injury suits. Between the two, personal injury law considers a wider number of concerns, while workers’ compensation is more concerned with just the cost of injuries. While this seems as if a lawsuit makes more sense, there are some considerable advantages to the workers’ compensation system. Workers’ comp, although only accounting for the physical injuries of an accident victim, has a system that is much more amenable to the needs of the average worker.
Among the multiple types of injury not covered under workers’ compensation, pain and suffering is one of the most important. Pain and suffering, as it is known in the field of personal injury law, describes physical discomfort and emotional damages that often follow a serious injury. With these injury damages, clients may sue according the amount of suffering undergone during the injury and treatment process.
Emotional stress that accompanies an injury can be extensive and may severely damage a person’s ability to succeed in future ventures as well as compromise their relationships. In personal injury cases, these funds are generally more flexible than the physical injuries costs, as they may be more or less subjectively argued. While this works for personal injury law, which is based off a different court system than workers’ compensation, compensatory administrations tend to run off the schedule system in order to provide payment and determine the amount of time off of work.
In most cases, employers purchase workers’ comp coverage to provide benefits to injured employees and protect themselves from personal injury lawsuits for compensation. However, in certain situations, a worker may be able to file for workers’ comp benefits and file a lawsuit. Theses situations are rare, however, and you will need professional advice to know if you are eligible to file for both types of compensation.