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Differences between a Workers’ Comp Injury Attorney and a Personal Injury Attorney?

Posted: Tuesday, February 4, 2014 | By: George Andriotis
When injured at work, your first thought may be to contact a workers’ comp attorney. Before doing so you should understand what a workers’ compensation attorney does in comparison to a personal injury attorney.

Differences between a Workers’ Comp Injury Attorney and a Personal Injury Attorney? The two types of attorneys have one main similarity when representing an injury victim; they seek restitution on your behalf. To what degree is very different as are the types of cases each handle. And it should be noted that depending on the incident, it might be critical that the attorney is well versed in both Florida and Federal Law.

Workers' Compensation Attorney

An attorney who specializes in injuries that take place in the workplace is a Workers Compensation attorney. He or She can represent you regardless of who is at fault for the injury. According to Florida law, an employee who is injured on the job and is covered by workers comp is entitled to compensation for their injuries.

All claims against any employer must go through the proper channels, where workers’ comp is offered. Be advised that Workers Compensation covers medical costs and lost wages only. Under explicit federal workers compensation laws, your attorney should negotiate the best possible settlement.

Personal Injury Attorney

A Personal Injury attorney, by contrast, deals within an area of law that is open more to interpretation. For example, if someone injures you at work, other than your employer or a co-worker, you may be entitled to damages from that person under personal injury law. There is an endless list of incidents that can occur at work that are best handled as a personal injury case rather than a workers compensation claim. Because the goal of personal injury law is to ensure that the individual affected is made whole again, regaining their previous way of life before the injury occurred. Workers’ compensation has a different goal: to have the injured employee return to work fast and affordably to the employer.

This can leave "the injured" without the proper compensation needed to live life as they once had. The workers' compensation law limits payments to lost wages and medical costs and offers no restitution for lack of quality of life or pain and suffering, whereas a personal injury claim potentially can.

Which One Should I Hire For My Injury?

If you were injured on the job while performing a job related task and no one outside of your company caused the incident, you should probably contact a workers' compensation attorney. He or she will be able to assist you with the process of filing your claims so you can be compensated properly and get back to work as soon as you are able.

Now, if you've been injured by the negligence of someone outside of your employer, including in a car accident or slip and fall, you should contact a personal injury attorney. Your personal injury attorney will navigate the quagmire of finding out who is at fault and seeking justice on your behalf, ensuring you are compensated for your injuries and damages.

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