As the injured party, you probably don’t care where or how you got hurt; you’ve been injured by no fault of your own and you want to recover your losses. However, where and how you got hurt makes a tremendous difference to the legal system. In order to find the right lawyer to help you, you need to have a working knowledge of the differences between employment practices, workers compensation, and personal injury cases.
Workers compensation cases are based on a physical or mental injury sustained by an employee while at work. For example, if you work in a warehouse and a shelf falls on you, then you have a workers compensation claim. The employer is responsible for the injuries because the accident occurred while you were on the job. Likewise, if you have a boss that constantly yells at you and threatens to fire you, you can develop stress-related health issues like anxiety and sleeplessness.
Employment practices is generally about sexual or emotional harassment and discrimination. Of course the typical example for sexual harassment is a boss demanding sex in exchange for a promotion. Realistically, harassment is more subtle, and includes a workplace environment where abusive or sexual jokes and unwelcome advances are commonplace. Discrimination lawsuits are generally based on ethnicity, age, and gender. Discrimination cases are harder to prove, but with several unrelated victims detailing the same problems, a lawyer can make a case for discrimination.
Personal injury takes place outside of the claimant’s workplace. Personal injury accidents include injuries sustained in a retail store, in a car accident, by a faulty product, etc. If you’ve been injured by no (or little) fault of you own, then you probably qualify for a personal injury lawsuit. One major exception is for accidents that happen in your own home. If you slip and fall while in your own kitchen, you can’t sue yourself or your homeowner’s insurance company for medical bills.Read More