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Although personal injury cases and workers’ compensation claims have a lot in common, there are some notable contrasts between the two. That’s why you should turn to a personal injury lawyer who has experience with workman’s comp if you want to pursue benefits following a work injury. Vincent Criscuolo & Associates in Rochester, NY, explains the differences between the two types of cases.

The biggest distinction between standard personal injury cases and those involving work injuries is fault. In an injury case, you need to prove the defendant is liable for your injuries because of actions they took or omissions they made. In a workers’ compensation claim, on the other hand, fault does not play a role. Rather, you need to prove your injuries occurred on the job while you were performing your employee duties. Even employees who are partially liable for their own injuries typically qualify for benefits, and you do not have to prove your employer was negligent in any way to secure compensation.

personal injury lawyerAnother significant difference between these two kinds of claims regards damages. In a personal injury case, you can pursue compensation for damages you incurred as a direct result of your injuries, including lost wages, diminished earning capacity, medical bills, rehabilitation costs, mental anguish, and pain and suffering. With a workers’ comp claim, you cannot recover compensation for your pain and suffering. In most cases, though, you can receive payment for medical bills, vocational rehabilitation, and weekly wages. In either scenario, a personal injury lawyer can help you calculate a fair settlement amount.

Whether you were injured in a car accident or hurt at work, turn to Vincent Criscuolo & Associates in Rochester, NY. To learn how their legal team can help you secure the compensation you deserve following an injury, visit their website. Call (585) 232-3240 to talk to a personal injury lawyer today.

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