In the workplace, clear rules must be established about what should be done in case of personal injuries to employees. Likewise, it is necessary to know what type of workers' compensation the worker is entitled to in case of any eventuality. Today, we will talk to you about this by providing you with tools to understand the differences between the two concepts.
We will start by clarifying that knowing the law is not enough. It is important to fully understand the differences between personal injuries and workers' compensation if you want satisfactory results when taking action in court.
We place great emphasis on fully understanding these concepts because, in legal terms, they tend to be easily misinterpreted. Although both are in place to protect the rights of the injured, they have fundamental and subtle differences that deserve a detailed explanation.
On the other hand, if you believe you have one of these cases, the best thing to do is to have a professional labor attorney, so you should contact Conexión Legal as soon as possible by calling 1800 201 1220 or contact us via WhatsApp. This way, you will receive the best free consultation, and in your case we will help you obtain the maximum compensation possible.
If you have a work accident, it is not surprising that you cannot file a lawsuit against your immediate supervisor. But what you can do is file a workers' compensation claim. However, you must ensure that one of the exceptions in this case known as the "exclusive remedy" related to employee compensation is met.
Therefore, in this case, you can sue your employer or the person who was responsible for your accident for personal injuries. We will continue exploring the exceptions and differences between employee claims and personal injury claims. In addition to knowing in what situations it is possible to present a case that gives rise to both options.
In legal terms, a complaint is understood as an error derived from negligence or willful misconduct rather than acting in a reasonable manner. Similarly, it refers to a gross omission, motivated by negligence, lack of knowledge, or carelessness. At the moment when these actions or omissions result in personal injuries, they become an error.
By this point, it should be clear to you that in a case of personal injuries, a cause of damages is the basic foundation for taking legal action. On the other hand, when considering the possibility of employee compensation, it is not necessary to attribute fault to any of the parties. That is, because it is initially assumed that the injury suffered was due to an accident. In other words, no one is at fault and these limits should not be exceeded.
Therefore, to obtain compensation in a personal injury claim, specific fault must be determined after an accident. This is explained because there is a presumption where it is established that the damages were caused by the negligent actions of another person. To ensure compensation in an employee compensation case, the claimant must prove that their injuries are related to the work they perform.
This is a very delicate matter, because in a personal injury situation, he or she is not only liable for civil liability. Depending on the severity of the injuries or even if death occurs, the defendant may, for example, also be subject to criminal proceedings.
At this point, an important difference with a workers' compensation claim is identified. Here it is clear that the contractor assumes no liability. What has been established is whether or not the claimant is entitled to compensation.
And in any case, a certain form of compensation also applies. In an employee compensation claim, for example, the plaintiff is entitled to the following:
- Allocation of one week's indemnity
- Payment of your medical bills
- Recognition of damages for not receiving your salary due to the harm suffered
Now there is a factor of fault in a personal injury case. In that sense, the plaintiff can receive compensation corresponding to the damages covered by the employee compensation case.
But to this is added compensation for pain, suffering, and/or damages. When we identify the details of a personal injury and workers' compensation cases, we need to see if both claims can be filed at the same time.
If you believe you have a case of this type, you should contact Conexión Legal as soon as possible. By coming to us, you will receive the best free consultation and with it, you will be able to obtain the representation of a highly qualified and experienced labor attorney.
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