Finding yourself laid up with a serious injury can leave you not only in pain but strapped for cash. When the injury was caused by another's negligent behavior, it only makes matters worse. Whether suffered at work, in an accident or otherwise, a personal injury can be traced directly back to an at-fault party. It means that the injury was preventable if the other person had taken the proper measures to prevent it. Find out what happens if your injury happens at work, and your employer was the negligent party.

What Is Considered Negligence?

The law is clear about negligence. When a person goes against the standard and either takes unreasonable and unnecessary risks or fails to act to prevent harm, they are negligent. An employer can be negligent, as any Las Vegas personal injury lawyer can tell you. Companies where negligence is particularly catastrophic are those dealing with physical labor. Factories that fabricate airplane parts and construction companies ignore safety protocols and training to cut costs. They can ignore machinery that needs replacing. They can fail to provide the equipment to keep employees safe from inhalants or chemical spills. They can fail to act when they find out that one of their employees lied and lacks the licensing to operate a machine. These all rise to negligence in the eyes of the law.

What Is Workers' Compensation?

Workers' compensation is a subset of the law that deals with people hurt while doing their job. Workers' compensation deals with the insurance company that provides coverage for the employer. Sometimes, the laws do not require all companies to carry workers' compensation coverage. However, most risky and physical-labor employers such as airplane manufacturers typically do to protect themselves from further legal implications. Filing a workers' compensation claim and getting benefits means that your medical care is covered. The insurer will also cover a portion of your salary while you are recovering. If the injury was so severe that you can no longer return to work in the same capacity, the insurer might cover permanent disability payments to replace a higher percentage of your wages for the rest of your life.

Can a Personal Injury Claim Be Against an Employer?

A workers' compensation claim follows a different track than a personal injury claim. Even if your attorney represents you before the workers' compensation insurer in negotiating benefits, it does not bar a personal injury claim. Some work accidents at airplane factories are unfortunate. There is nothing nefarious on the part of the company. But if the injury happened while you were on the clock, accidental or not, the workers' compensation process should get you paid. When the company itself was negligent, and that oversight or coverup led to the accident and your injury, a personal injury claim is appropriate. You can have both workers' compensation and personal injury claims going simultaneously. Sometimes, the same attorney can represent you in both actions.

How Does the Personal Injury Process Work Against a Company?

Your attorney will file a lawsuit alleging the aircraft fabrication company you work for knew or should have known an accident might happen. Before the action proceeds, your attorney must prove this assertion. A personal injury claim cannot continue if there is no evidence of negligence. The company does not present a defense until the judge is satisfied that negligence existed and led to the accident. The case then proceeds. Your work records will come to light, including anything you did that the company chastised you for. Witnesses or coworkers will also be called either on your behalf or for the company. If the injury you suffered was severe or catastrophic, the company might try to place the blame on you. This does not mean they will prevail, but it is something that you should prepare yourself for in case.

A personal injury lawsuit may go on for many years unless you accept an appropriate settlement. If your injuries were caused by the company, either directly or indirectly, you should fight to get the compensation you need to continue in this new normal your injury has forced upon you.