Workers' Comp v. Personal Injury Claims
Raleigh workers' comp lawyer Sheila Chavis and her legal assistant Shirley Griffis appeared on "Making the Law Work for the People," a radio show on Fayetteville's WIDU 1600AM. During their visit they discussed how the workers' comp system, regulated by the North Carolina Industrial Commission, differs from how a traditional personal injury claim is handled in the court system. You can listen to the legal podcast on North Carolina workers' comp and we provide an overview of the items discussed below:
Differences Between Workers' Comp and Personal Injury Cases
In personal injury cases, like car accidents and slip-and-falls, the plaintiff can go to court and demand a jury trial. The jury listens to the case and decides how much, if anything, the claimant is entitled to for the injuries or damages they suffered due to another party’s negligence. In these situations the plaintiff could receive special damages: Medical treatment for lost wages, loss of enjoyment of life, pain and suffering. Raleigh injury attorney Brent Adams knows how to help a jury calculate these numbers. A personal injury claim with a jury allows the plaintiff to potentially receive more compensation beyond the special damages.
With workers’ comp cases, instead, this is a no-fault system. It does not matter if it is worker's fault or not—in most instances—the injured worker gives up the right to be compensated for loss of quality of life, loss of enjoyment of life, etc. The three things that workers' comp pays for include: Rating at end of claim, medical treatment, ongoing benefits (Temporary Total Disability or TTD benefits).
Sometimes an injured worker faces challenges with the claim process. The legal team at Brent Adams & Associates not only helps workers with their case, but we help workers transition to other areas and possibly create opportunities to do other things.