The Differences between a Personal Injury and Workers Compensation Lawsuit

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At the Franco Law Firm, we have become experts in dealing with many different kinds of lawsuits. Two of the most common types of cases that we see are personal injury cases and workers compensation claims. While both of these types of cases deal with people who are seeking financial compensation to help themselves pay for medical costs to treat injuries unjustly afflicted to them, there are some key differences between these types of cases that are key to understanding how both of them operate.

The biggest differences between a personal injury and workers compensation lawsuit are what party is at fault, where the injury was sustained, and what a person is legally entitled to. Firstly, the at-fault party in a personal injury case could be whoever was most negligent or careless in the situation that caused the injury. For example, in the case of a car accident, it could be either driver who is at fault, depending on who caused the accident and how. In a workers compensation case, however, it is always the employer that is required to dispense funds to the injured personnel.

Secondly, in a personal injury case, it does not matter where the injury was sustained because a case could be presented from anywhere. That being said, there are some laws that state that it is the property owner that is responsible for a person’s injuries if they were inflicted while on the property, but this is not always black and white. In a workers compensation claim, however, the injury will always have been sustained somewhere that the individual was on the job, be it in the office or doing work-related activities. Finally, a personal injury case must be proven and the judge will decide if the party being sued should provide financial compensation. In a workers compensation case, an employer is mandated by law to always provide this kind of funding.

Whether you are going through a personal injury case or a workers compensation claim, we at the Franco Law Firm can help you win your case and see justice served for you. To learn more about our many services and to schedule a free consultation with us in either English or Spanish, please call us at (813) 872-0929.

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