What is the Difference Between a Workers Compensation Claim and a Personal Injury Claim?

If you've been injured in an accident in Milwaukee, you might be wondering whether it's worth hiring a personal injury lawyer to help you with your case. Dealing with the aftermath of an injury can be overwhelming, and navigating the legal process on your own can seem daunting.

Why Hire a Milwaukee Personal Injury Lawyer?

Experience and Guidance: Milwaukee personal injury lawyers have experience in handling various personal injury cases. They have a deep understanding of Wisconsin's personal injury laws and have experience dealing with insurance companies and other parties involved in personal injury claims. Their guidance can be invaluable in navigating the complexities of your case and maximizing your chances of receiving fair compensation.
Legal Representation: When you hire a personal injury lawyer, you have someone on your side who is solely focused on advocating for your best interests. Your lawyer will handle all communication with insurance companies and other parties, making sure that your rights are protected throughout the process. This can alleviate stress and allow you to focus on your recovery while your lawyer works to secure the compensation you deserve.
Maximizing Compensation: Personal injury lawyers are skilled negotiators who know how to assess the true value of your claim. They will carefully evaluate all aspects of your case, including medical expenses, lost wages, pain and suffering, and future damages, to determine the full extent of your losses. By building a strong case on your behalf, they can often negotiate a higher settlement than you would be able to achieve on your own.
Trial Experience: While many personal injury cases are settled out of court, some may require litigation to achieve a favorable outcome. If your case goes to trial, having a skilled litigator on your side can make all the difference. Milwaukee personal injury lawyers have trial experience and are prepared to advocate for you in the courtroom if necessary, increasing your chances of success.
Peace of Mind: Perhaps most importantly, hiring a personal injury lawyer can provide you with peace of mind during a challenging time. Knowing that you have a dedicated legal professional handling your case can alleviate stress and uncertainty, allowing you to focus on your recovery and moving forward with your life.

Contact Natasha Misra Law Today

Hiring a Milwaukee personal injury lawyer is often worth the investment if you've been injured in an accident. From their guidance and experience to their ability to maximize compensation and provide peace of mind, a personal injury lawyer can be an invaluable asset in navigating the legal process and securing the outcome you deserve. If you're unsure whether you need legal representation, consider scheduling a consultation with a Milwaukee personal injury lawyer to discuss your case and explore your options. Contact Natasha Misra Law today to get started on your case.

If you are injured on the job, you may wonder how to go about seeking compensation for your losses. Who is responsible for your injuries? What are the potential sources of recovery?

You may have heard of personal injury claims and workers comp lawsuits - both of which can reimburse an injured victim for damages sustained in work-related injuries. However, what many people don’t know is that these two types of claims are vastly different. In this blog post, we will break down the differences between them.

What is the Difference between Workers Compensation and Personal Injury?

The most straightforward way to distinguish the two claims is the issue of fault. Personal injury claims are based on fault, while workers comp claims are not.

Accidents often happen when no one is at fault. However, in a personal injury claim, you must establish that someone acted negligently and this negligence caused your injuries. You establish negligence by showing that the at-fault party owed you a duty of reasonable care, breached that duty, and that breach was a substantial factor in causing your injuries.

In a workers comp claim, however, the traditional negligence analysis does not necessarily apply. Any employee injured on the job is entitled to some payout from the employer’s workers compensation policy. While exceptions do apply, workers compensation generally has nothing to do with fault. In other words, you need not prove that your employer did anything wrong in order to recover some payout.

If I Get Workers Compensation, Can I Still File A Personal Injury Claim?

Generally, not against your employer. Workers comp claims are designed to compensate injured employees while protecting employers from lawsuits against them. As such, if you file a workers comp claim, you generally forfeit your right to sue your employer for negligence. There are a few narrow exceptions to this rule, however, so be sure to speak with an experienced personal injury attorney to learn more about your rights.

However, if the negligence of a another party caused your injuries, then you may be able to also bring a third party liability claim against that party.

What is A Third Party Liability Claim?

When you are injured on the job, you can bring a workers compensation claim without having to prove fault. However, in some cases you can also bring a third party liability claim. This refers to a bodily injury caused by a third party’s negligent or reckless conduct.

These situations may arise when a third party unrelated to your employer causes the accident. A common example is when someone driving in the course of their employment gets hit by another party.

If you bring a third party liability claim, you will need to prove the third party’s fault. This involves walking through the traditional negligence analysis, just as you would in a personal injury lawsuit.

Hiring A Personal Injury Attorney after A Work-Related Injury

To better understand your case and which course of action is the best for you, contact an experienced Milwaukee personal injury attorney as soon as possible. An attorney can help you pinpoint the best approach for your case, identify liable parties, gather evidence, and preserve your claim before vital evidence fades or the statute of limitations tolls.

Contact Natasha Misra Law today to schedule a free consultation by calling our office at (414) 210-3834.

Natasha Misra

My law practice is dedicated to helping people who have suffered injuries in accidents which were not their fault. Born and raised in Milwaukee, I come from a family of medical professionals. My background and experience help me understand and represent individuals injured in accidents.