What Is the Difference Between a Workers’ Compensation Case and a Premises Liability Case?

People who get injured in accidents at places of businesses can get their medical bills, as well as some other expenses, covered by the party legally responsible for covering these expenses.  That is where the similarity between workers’ compensation law and workers’ compensation law ends.  They both involve an accidental injury that takes place on a commercial property, but the details are different.  Depending on the injured person’s relationship to the company (employee or customer), the expenses that the injured person can claim change, as do the information the injured person must provide in order to claim the money.  A South Florida workers’ compensation lawyer can ensure that you are meeting all the requirements to get the compensation to which you are entitled in your workers’ compensation case.

When Work Injuries Are No One’s Fault

When you file a workers’ compensation claim, it is not necessary to claim negligence on the part of your employer or to prove that your working conditions were unreasonably dangerous.  In fact, certain types of workplace injuries and occupational diseases are a natural result of doing certain jobs for an extended period.  Many people who have to stand up at work all day, year after year, develop plantar fasciitis serious enough to require treatment, just as many people who sew, cook, or make handicrafts for a living develop carpal tunnel syndrome.  Workers’ compensation law requires almost all employers to carry workers’ compensation insurance, simply because workplace accidents and injuries are a real possibility.  (Likewise, all drivers must carry car insurance, simply because car accidents are a real possibility.)  For a work injury to qualify for workers’ compensation coverage, you must simply notify your employer promptly upon receiving a diagnosis or after the accident happens.

Conversely, premises liability lawsuits (sometimes called “slip and fall lawsuits”) require the injured plaintiff to prove that the property owner had a duty to prevent the accident and could have prevented it.  The plaintiffs in most premises liability lawsuits are customers of the place of business where the accident happened.

Workers’ Compensation Benefits Will Not Make You Rich Overnight

Workers’ compensation benefits pay for medical expenses associated with the workplace injury.  If you will be able to return to your same job after you recover, workers’ compensation pays temporary disability benefits to compensate you for your lost income.  If you will be able to work again, but not at the same job, workers’ compensation will pay for the education you need to qualify you for a job that you can do after your injury or diagnosis.  Personal injury lawsuits, including premises liability lawsuits, sometimes pay noneconomic damages for pain and suffering, but workers’ compensation lawsuits do not.

Let Us Help You Today

You do not have to prove that your injury was your employer’s fault to get workers’ compensation benefits; you must only show that the injury happened at work.  Contact a Sunrise workers’ compensation lawyer at the Law Offices of David M. Benenfeld with questions.

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