Aulsbrook Law Firm - September 2021

PERSONAL INJURY OR WORKERS’ COMPENSATION?

GET A JUMP ON WINTER BLUES

Getting injured is never fun for anyone. It can be even worse if you’re injured at your workplace and don’t know which steps to take. One of the first things you’ll need to know is whether you qualify for a workers’ compensation claim or you need to file a personal injury lawsuit. The most important difference between a personal injury claim and a workers’ compensation claim is that a personal injury claim is based on fault. For example, if you are walking through a parking lot and someone hits you with their car, they are most likely at fault. In order to recover damages for the accident, you and your attorney must prove the other party was negligent. In a workers’ compensation case, however, any employee hurt while working is entitled to workers’ compensation benefits, and that has nothing to do with fault. You do not have to prove a coworker did anything wrong to cause the accident. In addition, you can even be negligent in these situations and still receive workers’ compensation. The compensation in both cases is drastically different. You are not necessarily entitled to benefits for pain and suffering in a worker’s compensation claim. Alternatively, a personal injury claim entitles you to recover all damages you have suffered. These damages can include lost earnings, lost earning capacity, current and future medical expenses, pain and suffering, and loss of enjoyment of life. For a workers’ compensation case, you can only receive weekly compensation, permanent impairment benefits, and medical bills. You do not receive any benefits for pain and suffering in this situation. You also lose the right to sue your employer or any coworker unless your employer intentionally caused your injury. In this case, you can still file a lawsuit to collect pain and suffering damages. It’s important to know how you are protected in case of an injury, whether at work or not. Injuries can cause tremendous mental, physical, and financial pain for many years. If you’ve been injured and feel someone was at fault, reach out to us at 817.213.3277, and we will find a way to help you.

AND EXERCISE THROUGH THE FALL

Less sunlight can have a negative impact on your mental well-being, and as you head into the darker, chillier months, worsening weather and shorter days can make staying in shape more of a chore than a joy. But that doesn’t mean you’re powerless. With a few tricks, you can thrive through the cold season. Finding ways to stay active while cooped up inside has never been easier. Thanks to the pandemic, online exercise courses, at-home workouts, and remote Zumba classes grew in popularity and are still going strong. If you embraced these for your summer workouts to avoid the heat, you can continue that routine this fall and winter and keep up your exercise, mixing it up if one course gets stale. Similarly, winter provides a great time to focus on a new type of fitness goal, like building muscle in an indoor facility or taking martial arts classes at the gym. It doesn’t matter what you do; what matters is that you do it. Stay active! While it’s a bummer that you can’t go trail running or biking, any exercise is better than none. And don’t wait to get started: Add that “winter workout” into your weekly routine now. Not only will it help make the transition a little easier when you can’t go for your morning run, but also, if you’re trying a new sport, activity, or exercise, it gives you a buffer in case you decide it’s not for you after all. Don’t let bad weather or fewer daylight hours be an excuse for less exercise. Your brain will thank you, and who knows? You might actually have fun too!

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