Is There Really a Difference?
There’s a lot of confusion around injury cases and the question often arises, is there really a difference in the types of injury cases?
The answer to this question is very simply, YES!
There are actually THREE distinct ways that a work injury case is different from a civil, third-party case like a car crash. Let’s talk about these.
Difference #1: Proving Negligence
In a situation like a car crash case, you have to PROVE that the person who caused the crash was negligent. You have to prove they did something wrong.
In a work injury case, you do not have to prove your employer was wrong. All you have to prove is that you were an employee at the time that you got hurt, and that you were working, just doing your job.
This is the same as the fancy lawyer talk- “course and scope of employment.”
If you get hurt at work, doing your job, you’re supposed to be covered by worker’s comp.
Difference #2: Attorney’s Fees
If you’ve watched any of my other videos, you know that in a worker’s comp case the attorney’s fees are almost ALWAYS 20% and the client NEVER pays out of pocket.
Workers’ comp is simplified and streamlined in regards to the workload of the case. Now, this doesn’t mean that there aren’t crazy delays in work injury cases, because THERE ARE.
But, when you compare the details and the amount of work an attorney has to do in a car crash case compared to the work that they have to do in a worker’s comp case, the car crash case is way more work so the attorney’s fees are going to be higher. These cases take a lot of knowledge, time and skill; therefore, the fees could be a third, or maybe even 40% of what the attorney wins.
Difference #3: What Can You Get Paid For?
The last difference in these various injury cases is what you can get paid for.
So, in a work injury case, you can get paid for the time that you’re off work, medical bills that are related to the work incident are paid, and at the end of the case, you can get a LUMP SUM of money to pay you for the difference in your body. After all you did get injured, right?
This lump sum is called PPD, permanent partial disability, and it’s meant to compensate you for the change in the function or appearance of your body.
In any third-party civil litigation case, like a car crash, it’s a COMPLETELY different story.
In these cases you can claim your medical bills, your time off work, and your pain and suffering. You can even ask to be paid for your loss of normal life.
For example, let’s say you loved to go bowling with your friends before your car crash, now you can’t bowl at all. You can ask for money for that, explicitly. You may get in front of a judge and they decide your ability not to bowl anymore is WORTH A MILLION DOLLARS!
The sky’s the limit!
There’s also a ton of other things you can ask money for in a third-party case; loss of consortium, meaning the companionship and the sexual stuff with a spouse. The judge, or a judge and a jury, listens to the damages, and THEY decide how much you get.
But you’ll NEVER get that in a workers’ comp case.
Let Me Know
Whether you were in a car crash or work accident, I hope that this information helps you understand what you’re up against, no matter how you were injured.
If you need more information or have any questions, please contact me.
Let me know how I can help so we can WIN YOUR CASE!
If you have been hurt on the job or you have a Workers’ Comp case, I offer injured people a copy of my FREE Injury DVD and Book. Just call me at my 24/7/365 toll free number 888-HURT-318 (888-487-8318) and ask for the free injury book, and give us your name and mailing address and I will mail it to you free of charge and no obligation. Or if you are ready to talk, call that same number and ask to speak with me!
If you have been hurt and have questions, call me for a free consultation.
If you’d like to take a free 3 minute quiz to see if you might have a good case, check it out here: injury quiz.
Or if you’d like to know what your case might be worth, go here: caseworth.