Our team of personal injury lawyers here at Clements, Taylor, Butkovich & Cohen, L.P.A., Co. can deal with both personal injury and workers compensation claims. If you are unsure which category your illness or injury falls into, the first thing to do is to contact our office to set up an initial consultation. Our legal team will help you to determine what claims you may be able to make and through which channels you may be eligible to receive compensation. After any injury or accident involving another person, it is best to meet with a lawyer as soon as possible to understand your rights and the legal implications of the event.
The Difference Between Workers Comp & Personal Injury Claims
If you’ve been injured, there are multiple options you have to seek compensation depending on the unique circumstances of your injury. Whether you file a worker’s comp claim or personal injury case depends on your situation. The biggest difference between the two is that with few exceptions, you can only receive pain & suffering compensation in a personal injury case. Workers comp cases are mostly restricted to wage and medical bill reimbursement, along with potential disability payments. Work injuries usually go through workman’s comp, while personal injuries are outside of work. However, there is exception to this, so you should speak with a personal injury lawyer who also does workers compensation for assistance in determining what option is best for you.
What Happens After Filing a Personal Injury Claim?
After filing your personal injury or workers compensation claim, the first thing that happens is that we will complete a case evaluation to review the facts and medical opinions about your claim. Then, we will discuss early settlement options with you, if appropriate. If the case continues to court, your lawyer and the defendant’s lawyer will exchange and disclose facts—a process known as discovery and depositions. Either side’s lawyers may file motions to narrow the issues covered in court, object to certain evidence being presented or request a dismissal of the case. Mediation and arbitration may occur to attempt to settle the case outside of a trial, and, finally, a trial will be held if no settlement has been reached.