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How are personal injury and workers' compensation different?

When someone is hurt due to another person's negligence, the last thing on their mind might be holding the negligent party responsible. But as the medical bills pile up and wages are lost due to the injury, they might come to realize that compensation for the personal injury may be one way to gain financial stability. There are different legal options available to injured Indiana residents, depending on the injury.

Employers have a duty to keep their workplace safe from hazards or to warn their employees about potential hazards. If someone is injured in a workplace accident while performing his or her job duties, then he or she may be able to file a workers' compensation claim. By law, employers are obliged to pay money to an injured employee who was injured or became ill in connection with their work. Workers' compensation then is a system that does not depend on the determination of fault. In other words, for the most part it does not matter who was at fault for causing the injury.

Personal injury lawsuits stemming from car accidents are different from workers' compensation claims in that they revolve around a determination of fault and how to apportion that fault so as to award compensation. Both legal actions are similar in that medical expenses and lost wages may be recoverable, but a successful personal injury lawsuit can also bring about compensation for pain and suffering and emotional distress.

How one is injured and in what setting plays an important role in the lawsuit that is to be pursued and the financial compensation that can be recovered. In some cases, it might even be possible to file both claims, depending on the situation. Someone injured in Indiana may want to consult an experienced attorney to determine the best course of action to find accountability and hopefully to obtain the compensation they deserve.

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The Law Office of Nick Stein

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810 East Market Street
New Albany, IN 47150

Phone: 812-590-8664
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Louisville, KY 40202

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