A claim for personal injury damages is a lawsuit filed by an injured party against a person or entity that they believe is liable for their injuries. When an employee has an injury on the job, they can submit a workers’ compensation claim to seek compensation from their employer. One major distinction between workers’ compensation claims and personal injury claims is that workers’ compensation claims are limited to disputes between employees and their employers, and another is that personal injury claims are based on blame, but workers’ compensation claims are not. It is possible to file for both workers’ compensation claim and personal injury claim in some circumstances.
Workers’ compensation claims are distinct from personal injury claims in two important ways: (1) the absence of a fault requirement, and (2) the amount of compensation that can be awarded. Unlike workers’ compensation claims, personal injury cases do not consider who was at blame for an accident or damage. Compensation for damages in Workers’ Compensation claims is typically quicker but more restricted because no one is at fault.
Claims for workers’ compensation based on the “no fault” liability in Oregon
Workers who sustain injuries while performing their job duties are entitled to Workers’ Compensation in Oregon, with certain exceptions. It’s not necessary to prove who was at fault for the harm. The injured worker is not required to show that the employer, the work environment, the equipment, or any other worker contributed to the accident. Workers’ compensation benefits are still available even if the harm was the direct result of the employee’s own carelessness or error.
Personal injury cases where fault is determined
Even while incidents might happen for which no one is at fault, in Oregon a victim of a Personal Injury must show that their injury was caused by the negligence of another in order to receive compensation. The injured party must demonstrate that the other party’s negligence was the proximate cause of the accident and their injuries.
For example, you can sue the other motorist for damages after an auto accident only if it can be proven that the other driver was at fault. If you are a victim who has been injured in an accident involving a commercial truck, medical treatment, animal attack, slip and fall in a building, construction site, or on a sidewalk must prove that the injury was caused by the negligence of another party or parties before they can collect damages.
Workers Comp. vs Personal Injury: Difference in type of compensation received
Workers’ compensation recipients in Oregon are not eligible for non-economic damages, with limited exceptions. However, they are compensated on a weekly basis while they are out of work, have their medical bills paid, are provided with vocation rehabilitation services, and, if necessary, are given permanent impairment benefits. Oregon’s Workers’ Compensation laws establish a straightforward procedure where the injured worker receives weekly compensation and medical bills are promptly paid by the insurance company, all while eliminating any claim for pain and suffering and limiting the injured worker’s ability to sue their employer and co-workers.
On the other hand, for Oregon personal injury attorney claims, the victim of a personal injury has the right to seek compensation for all losses incurred as a result of the accident. This includes financial losses, medical bills, lost wages, future medical costs, emotional distress, physical disability, and loss of pleasure in life.
If you have been injured on the job and needs advice on filing a workers’ compensation claim or possibly a personal injury claim, you can contact our experienced workers' compensation and personal injury attorneys at Aldrich Law, LLC.