人身伤害vs. 工人赔偿案件
People often confuse personal injury claims with workers’ compensation claims or vice versa. 虽然两者之间有许多相似之处, there are many legal differences that will ultimately determine how an individual pursues compensation to pay for medical expenses, 工资损失, 以及其他相关损害赔偿.
如果你受伤了, it’s important that you understand what type of claim you may be able to file. 下面, we discuss some of the key differences between personal injury and workers’ comp claims and how our team can help you recover physically and financially following an injury.
人身伤害案件如何处理
1. 错误决定
All personal injury cases revolve around a concept known as fault. 这就是像车祸这样的事件的情况, 摩托车事故, 滑倒, 或者产品责任. 本质上, you and your attorney will have to build a case with sufficient evidence showing that another person or entity had:
- 对你的法律义务
- 未能履行法律义务
- 这些行为对你造成了伤害
- 你因此遭受了重大损失
2. 潜在的损失
Once your attorney determines who was negligent and is at fault, you may file a claim against this person or entity’s insurance company. You are able to recover damages related to past and future medical expenses, 工资损失, 丧失赚钱能力, 痛苦和折磨, 永久性损伤, 生活质量下降.
在路易斯安那州, personal injury cases also adhere to a comparative negligence rule, which means that multiple people may be found to be partially liable for an 事故 and the resulting injuries. 在这些情况下, the claimant’s award will be reduced by the percentage of fault that they are found to have contributed to the 事故.
3. 拒绝索赔
It’s not uncommon for personal injury claims to be denied for some reason or another. 保险公司可以索赔, 例如, that a car 事故 victim failed to get medical treatment right after an 事故. Thus, they claim, there is insufficient evidence linking the claimant’s injuries to the 事故.
如果发生这种情况, or if the insurance company offers you a lowball settlement, 可能有必要提起诉讼，上法庭. An experienced trial attorney will be able to advocate for your maximum compensation in court and ensure your case is built on solid ground. 另外, hiring an attorney from the get-go can deter the insurance company from denying your claim or offering an unreasonably low settlement offer.
工伤赔偿案件如何处理
1. 错误决定
Louisiana operates on a no-fault system when it comes to workers’ compensation claims. This means that workers who sustain injuries or develop conditions, 疾病, or diseases due to their work duties do not have to prove negligence or fault to successfully file a claim. Even if an employer took all the steps necessary to keep workers safe, 受伤的员工只需要证明受伤, 事故, or harm that occurred was a direct result of their work duties.
2. 潜在的损失
One of the major differences between personal injury claims and workers’ compensation claims is that damages are often limited in the latter one. While the list of damages in a personal injury claim is quite extensive (as we listed above), the damages available in a workers’ comp claim are typically limited to two-thirds of a worker’s weekly wage for both total and permanent and temporary disability benefits, 可以是部分的，也可以是全部的.
Workers’ compensation will also ensure that an injured employee gets their medical expenses paid for, along with vocational rehabilitation costs and 永久性损伤 benefits. 不像人身伤害索赔, workers’ compensation does not cover damages related to 痛苦和折磨 or lost quality of life.
3. 拒绝索赔
如果你的工人赔偿要求被拒绝, there is an administrative appeals process that your attorney can guide you through. 开始这个过程, you can file a Disputed Claim for Compensation form with the Louisiana Office of 工人的补偿 Administration (OWCA). Don’t worry about doing this all by yourself—a workers’ comp attorney can walk you through this process and ensure all necessary paperwork is completed and filed on time.
受伤的? 今天就寻求帮助
不管你是怎么受伤的, whether it be at work or due to another person’s negligent actions, the New Orleans attorneys at 肖邦律师事务所 are here to stand in your corner and advocate on your behalf. We will ensure that you are made entirely aware of your options and guide you through the claims process from start to finish.
Contact our team at (504) 475-2429 to get started with a free case evaluation! All clients work directly with a team of trial attorneys instead of 情况下经理, so you can rest assured your case is in the best hands from the very beginning.
