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Learn The Difference Between Work Injury and Personal Injury Claims in Colorado Springs

Work injury claims and personal injury claims have two main differences that affect how you handle them in court. Personal injury claims require proof of fault while workers’ compensation claims do not. Although the fact that you don’t need to prove fault in a workers’ compensation case might make such cases seem easier to legally pursue, the potential compensation for these cases is also more limited. In order to make the most of your claim, make sure you choose the right course of action by contacting a workers’ compensation lawyer.

Why Doesn’t Fault Matter in a Work Injury Case?

Simply put, an injured worker is typically entitled to workers’ compensation regardless of the nature of the work related accident. This makes proving fault in such cases unnecessary. A personal injury case, on the other hand, can involve wrongdoing or negligence on the part of a person or group. As a result, in order for a personal injury claim to be valid in court, the injured person must prove that someone made a mistake; they must prove fault. Let’s look at two examples to get a better idea of why this is the case.

In the first example, a worker’s own negligence causes him to get injured on the job. Even though this worker’s injury is a result of his own mistake, he is still entitled to workers’ compensation benefits. The worker doesn’t need to prove that his co-workers or employer caused his injury because he can receive benefits, in most cases, no matter what.

In a second example, a driver gets into an accident with another vehicle, and subsequently injured, at least partially due to an “act of god”, like a hailstorm or a collision with an animal. She believes that the other driver is at fault, but the other driver believes the outside influences caused the accident. To determine whether the injured person can receive compensation from a personal injury claim, she must prove that the other driver was at fault for the accident. Since true “accidents” that are no one’s fault do happen, personal injury claims must prove fault in court in order to receive compensation.

Differences in Compensation

In a workers’ compensation case, unlike a personal injury case, the injured person cannot receive benefits for pain and suffering. Workers’ comp will only pay you for your wages, medical bills, any rehabilitation you might need and additional damages for permanent impairment. Workers’ compensation laws were created to ensure that an injured worker could maintain a livable quality of life even after an injury prevented him or her from returning to work.

The point of these laws is to provide an agreement between workers and employers in which workers can receive monetary protection regardless of how they became injured, and employers can receive legal protection from being sued and from having to compensate for pain and suffering.

Exceptions

If you are part of a boat crew, regardless of the boat’s size, you won’t be eligible for workers’ compensation benefits if you get injured on the job. However, the Jones Act allows you to sue your employer for damages, including pain and suffering. If you are a crew member on a vessel who has been injured at work, contact an attorney who handles lawsuits related to the Jones Act.

Additionally, if you are a worker for a railroad that operates in multiple states, the Federal Employers Liability Act (FELA) allows you to sue your employer for damages in the event you get injured while at work. If you are an interstate railroad worker who has been injured on the job, contact a FELA lawyer for assistance.

Contact a Workers’ Compensation Lawyer

If you’ve sustained a work injury, reaching out to a workers’ compensation lawyer can help you receive the benefits you’re entitled to. At Heuser & Heuser, LLP, we can help you better navigate a complex legal system and ensure that you receive the compensation you deserve. To schedule a free consultation of your case with one of our personal injury lawyers, complete our contact form.

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Frequently Asked Questions

There are a variety of things we look at when evaluating your case and determining its value.

We look at how the accident occurred: How did someone else’s carelessness lead to the accident? Did your actions also contribute to the crash?

We also look at what sort of injuries you sustained: Do you have a permanent injury that will last the rest of your life? Are you going to have future medical bills?

We look at lost wages: Did you lose your job? If you have permanent work restrictions due to the accident, you may not be able to find a job very easily in the future.

These are only some of the factors that we look at in evaluating a claim. You may have additional losses to account for in a claim, and sometimes additional evidence or expert witnesses will be needed to support an evaluation.

At Heuser & Heuser, LLP, we can identify those factors during a free case evaluation, during which you tell us your story so we can take the first step in building a legal strategy at no financial risk to you.

Every case is unique and different. That’s why our lawyers at Heuser & Heuser, LLP give each case personal attention during case reviews and evaluations for potential claims.

At Heuser & Heuser, LLP, we have a strong track record of positive case resolutions for our clients. We have settled hundreds, if not thousands, of cases where we’ve had large settlements.

We’ve had substantial verdicts. We go to the mat for our clients if necessary. We’ll appeal cases.

Each case and client has different needs and options, and we’ll do whatever it takes to take care of our clients. We can identify the right path for your case during a free case evaluation.

Insurance companies are in business for a reason: to make money.

Anytime the insurance company is paying money on a claim, it means less money to their bottom line. They have literally hundreds of adjusters and hundreds of lawyers who are on their side trying to figure out how to prevent money from leaving their checkbooks.

Quite frankly, you do need a lawyer to help you through this because your lawyer will stand up for your interests and seek proper compensation on your behalf.

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Questions Or Schedule A Free Appointment? Click To Call (719) 520-9909

No Fee Unless You Win

Questions or Schedule A free Appointment? Click to Call (719) 520-9909

Our Attorneys

Personal Injury Lawyers in Colorado Springs, CO | Call 719-520-9909

Gordon J. Heuser, Esq.

Partner | Attorney

As a Colorado Springs native, Gordon has been practicing in Southern Colorado for 40+ years.…

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Personal Injury Lawyers Colorado Springs, CO | Call 719-520-9909

Brennan D. Heuser, Esq.

Partner | Attorney

Brennan Dale Heuser is a Colorado Springs native who enlisted in the U.S. Army in…

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Personal Injury Lawyers in Colorado Springs | Call 719-520-9909

Shannon R. Colt, Esq.

Partner | Attorney

Shannon Colt isn’t your typical attorney. Originally from Idaho, she moved to Colorado Springs as…

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Injured? Contact Heuser & Heuser, LLP. We Are Committed to Providing Southern Colorado Tailored Legal Guidance and Peace of Mind On the Road To Recovery!

Seeking the legal help you need has never been easier. The sooner you contact Heuser & Heuser, LLP, the sooner we can start working for you!
  • Tell us your story during a free consultation
  • We will tell you if you have a case and assess potential value
  • Our personal injury attorneys can handle the insurance companies
  • Our experienced Colorado trial attorneys will seek a settlement for the money you need while you recover, and we will represent you in court if it is necessary to pursue fair and appropriate compensation for your injuries and expenses
  • You only pay us if we win money for you
  • You focus on your physical recovery and your life
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