What is the Difference Between a Workers Compensation Claim and a Personal Injury Claim?

Riding a motorcycle is fun, but it can also be risky because of the actions of others on the road. Unlike other vehicles, you don't have much protection if you crash. Additionally, riding a motorcycle can be dangerous on roads with a lot of potholes or if you're riding in unsafe weather conditions. Below are some tips for staying safe while riding.

Staying Safe on a Motorcycle in Wisconsin

Take a Safety Course: Riding a motorcycle requires good judgment and skill, and a safety course will help you achieve that. A motorcycle safety course will teach you the rules of the road and what to do in unpredictable riding situations.

Wear Appropriate Gear: The right gear will protect you from debris, road rash, and the elements. Your gear should feature a helmet, leather jacket, eye protection, leather pants, over the ankle boots, and non-slip gloves. Appropriate protective gear can significantly reduce the risk of injuries or fatalities.

Keep Your Bike Maintained: Replace the air filter, change the oil regularly, and maintain your bike's tire pressure. Inspecting your motorcycle before you hit the road is also a good idea. Check your turn signals, headlights, taillights, fuel, brakes, handlebars, and mirrors.

Stay Alert: Being aware of your surroundings and riding defensively can prevent motorcycle accidents that could be caused by dangerous driving.

Maintain a Safe Distance: Riding too closely behind another vehicle is unsafe. It is advisable to stay a few seconds away from the car or motorcycle in front of you. This allows you enough space to stop during an emergency. Additionally, you should always have an escape route in mind if you cannot stop in time.

Be Visible: One of the most significant mistakes riders make is assuming they are visible to other motorists. Most motorcycle accidents are a result of drivers not seeing the motorcycle. You can stay visible by avoiding other motorists' blind spots, driving with a headlight, and wearing reflective clothing. Using your hand and turn signals can also help ensure you are visible.

Common Motorcycle Road Hazards

Distracted or Drunk Drivers: Although it may not be easy to identify if someone is drunk driving, it is wise to be attentive to your surroundings and take appropriate measures.

Rain or Snow: The hazardous weather can create slippery and unsafe road conditions. Avoid riding while it is raining or snowing.

Tar or Debris: Since tar has a different texture from asphalt, it can compromise traction. Additionally, parts of tire treads and other debris on the road can be hazardous to motorcycles.

Contact a Milwaukee Motorcycle Accident Attorney Today

If you or your loved one has been injured in a motorcycle accident in Wisconsin, working with a Milwaukee motorcycle accident attorney is in your best interest.

At Natasha Misra Law, we are equipped to offer the guidance you need to know whether you are entitled to compensation. We will provide the representation you need to pursue compensation if you qualify. Contact us today to schedule a consultation.

If you are injured on the job, you may wonder how to go about seeking compensation for your losses. Who is responsible for your injuries? What are the potential sources of recovery?

You may have heard of personal injury claims and workers comp lawsuits - both of which can reimburse an injured victim for damages sustained in work-related injuries. However, what many people don’t know is that these two types of claims are vastly different. In this blog post, we will break down the differences between them.

What is the Difference between Workers Compensation and Personal Injury?

The most straightforward way to distinguish the two claims is the issue of fault. Personal injury claims are based on fault, while workers comp claims are not.

Accidents often happen when no one is at fault. However, in a personal injury claim, you must establish that someone acted negligently and this negligence caused your injuries. You establish negligence by showing that the at-fault party owed you a duty of reasonable care, breached that duty, and that breach was a substantial factor in causing your injuries.

In a workers comp claim, however, the traditional negligence analysis does not necessarily apply. Any employee injured on the job is entitled to some payout from the employer’s workers compensation policy. While exceptions do apply, workers compensation generally has nothing to do with fault. In other words, you need not prove that your employer did anything wrong in order to recover some payout.

If I Get Workers Compensation, Can I Still File A Personal Injury Claim?

Generally, not against your employer. Workers comp claims are designed to compensate injured employees while protecting employers from lawsuits against them. As such, if you file a workers comp claim, you generally forfeit your right to sue your employer for negligence. There are a few narrow exceptions to this rule, however, so be sure to speak with an experienced personal injury attorney to learn more about your rights.

However, if the negligence of a another party caused your injuries, then you may be able to also bring a third party liability claim against that party.

What is A Third Party Liability Claim?

When you are injured on the job, you can bring a workers compensation claim without having to prove fault. However, in some cases you can also bring a third party liability claim. This refers to a bodily injury caused by a third party’s negligent or reckless conduct.

These situations may arise when a third party unrelated to your employer causes the accident. A common example is when someone driving in the course of their employment gets hit by another party.

If you bring a third party liability claim, you will need to prove the third party’s fault. This involves walking through the traditional negligence analysis, just as you would in a personal injury lawsuit.

Hiring A Personal Injury Attorney after A Work-Related Injury

To better understand your case and which course of action is the best for you, contact an experienced Milwaukee personal injury attorney as soon as possible. An attorney can help you pinpoint the best approach for your case, identify liable parties, gather evidence, and preserve your claim before vital evidence fades or the statute of limitations tolls.

Contact Natasha Misra Law today to schedule a free consultation by calling our office at (414) 210-3834.

Natasha Misra

My law practice is dedicated to helping people who have suffered injuries in accidents which were not their fault. Born and raised in Milwaukee, I come from a family of medical professionals. My background and experience help me understand and represent individuals injured in accidents.