Personal Injury at Work Attorney Tampa, Florida
Sometimes in the workplace, accidents happen and a person is injured. However, sometimes it is not the fault of any workplace mishap, but the carelessness of another individual that is to blame for an injury sustained on the job. In this case, the injured may want to file a personal injury claim, rather than a workers’ compensation claim to attain restitution and aid for caring for their injuries. What is the difference between these two claims and which is better suited for your situation?
The key factor in a personal injury case involving a workplace injury is the determination of fault. In a workers’ compensation case, no fault is needed to be proven in order for the injured to receive funding. However, in a personal injury case, the defendant must show that it was the negligence of another individual that lead to bodily harm or property damage. Note that this does not mean that a person can sue his or her coworker, as that is nullified by workers’ compensation insurance law. That being said, if fault can be proven against another individual, then there may be grounds for a personal injury case.
Another factor in a personal injury case is the damages that can be compensated for. Generally speaking, workers’ compensation only covers medical costs associated with the injury, lost wages, and necessary rehabilitation. A personal injury claim on the other hand can include the same as well as damages to property and compensation for pain and suffering to the individual as a result of the injury. This means that you can generally win more if the scenario fits.
If you have been personally injured due to the negligence of someone else, even in the workplace, you are more often than not better off filing for a personal injury case against that person rather than seeking a workers’ compensation case. When in doubt however, it is a good idea to consult with an attorney who is proficient in both kinds of legal cases, such as the ones at the Franco Law Firm. To learn more about how we can help you sort out the claims necessary to make sure that your injuries see justice, please call (813) 872-0929.