Accidents at work can be scary and stressful. In addition to the physical injuries, it can be difficult to navigate the legal system. What is the difference between workers' compensation and personal injury? These are two frequently used terms. Which course of action to take will depend on what caused your accident.

Workers' Compensation: A No-Fault System

Employers are required by law in Louisiana to pay workers' compensation, which is a safety net for workers who are hurt at work or while doing their jobs. Because it's a no-fault system, you can collect benefits without having to demonstrate that your employer's carelessness caused the injury.

What Workers' Compensation Covers

• Medical expenses: Workers' comp typically covers all necessary medical care related to your work injury, including doctor visits, surgeries, and rehabilitation.
• Lost wages: You may receive a portion of your regular wages while you're unable to work due to your injury.
• Temporary or permanent disability benefits: If your injury results in long-term disability, you may be eligible for ongoing financial support.

Personal Injury Claims: Fault Matters

Personal injury claims may involve filing a lawsuit against a party whose negligence or recklessness caused your injury. This could be another company on the worksite or even a third-party vendor.

What Personal Injury Claims Can Recover

• Medical expenses: Similar to workers' comp, this covers all necessary medical bills.
• Lost wages: You can recover compensation for lost income due to your injury.
• Pain and suffering: Unlike workers' comp, personal injury claims allow compensation for the physical and emotional pain caused by your injury.
• Loss of earning capacity: If your injury limits your future earning potential, you may be compensated for that loss.

To win a personal injury case, you need to prove the other party's negligence caused your injury. This typically involves gathering evidence and witness statements to demonstrate their fault.

Which Legal Option is Right for You?

If your injury happened on the job during your regular duties, then workers' compensation is likely the appropriate path. However, if a third party (not your employer or coworker) caused your injury, you might be eligible for a personal injury claim.

Here's a quick breakdown:

• Was the work injury caused by employer/coworker negligence? Consult with a workers' compensation attorney.
• Work injury caused by a third party? Explore a personal injury claim with a personal injury lawyer.

Seeking Legal Guidance for Workers’ Compensation and Personal Injury

Regardless of the path you choose, consulting with a qualified attorney is crucial. The expert staff of lawyers at MGM in Baton Rouge are experienced in both workers’ compensation and personal injury cases. They are here to help you get the compensation that you deserve.