Workers’ compensation insurance is a type of insurance that employers are obligated to purchase for their employees if they injured in the course of their employment. This means if a worker is injured in a slip and fall accident or something falls on them while they are performing a task related to their work duties, they would be covered by workers’ compensation. This can become confusing for some Wisconsin residents who might be under the assumption that they can pursue a personal injury lawsuit against their employer. It is important to understand what legal heading one can recover under to ensure they are exercising the legal rights they possess.
Though it is true that the accidents one can get injured in are similar, such as a slip and fall or a car accident, liability depends on the task one was performing at the time of the injury or the physical location one was in when the accident took place. For example, if a truck driver was injured in a car accident while making a delivery, it would become a workers’ compensation matter whereas if he or she was injured while driving the kids to school, it would likely be a personal injury matter.
Personal injury lawsuits revolve around fault-in order to hold someone accountable for their behavior and receive compensation from them, it must be proven that they were at fault. However, this is not the case in workers’ compensation. Since they have forgone the right to file a personal injury lawsuit, they no longer have to prove the employer was at fault for the work accident.
There are certain injuries that are exempted from workers’ compensation, even though they took place in the office, such as those resulting from horseplay. To understand how to receive compensation to cover an injury, it is helpful to speak to an experienced attorney.