Workers Compensation vs Personal Injury for Military Personnel

 If you are a military service member struggling through a workers compensation claim, don’t hesitate to reach out to the Law Office of William Bruzzo. When it comes to being compensated for injuries sustained during the course of your service, there can be many barriers and headaches unfortunately. As an Orange County military injury lawyer, our team’s philosophy is that military heroes should get to focus on healing and recovery, not get buried in paperwork and red tape—that’s our job!

What Is Workers Comp?

Workers compensation is a system that provides benefits to employees who suffer job-related injuries or illnesses. It is designed to ensure that injured workers receive necessary medical treatment and wage replacement while they recover. In the case of military personnel, workers compensation covers injuries or illnesses that occur during military service. It offers benefits such as medical care, temporary disability benefits, permanent disability benefits, vocational rehabilitation, and death benefits to eligible service members.

How Does Workers Comp Function in the Military?

In the military, the workers compensation system operates differently than in civilian workplaces. Military personnel are covered under the Defense Base Act (DBA) if they are injured while working overseas. The DBA provides workers compensation coverage for civilian employees of contractors working on military bases or in support of military operations abroad. This includes injuries resulting from accidents, acts of terrorism, and exposure to toxins or hazardous substances.

For military personnel injured in the United States, the Federal Employees’ Compensation Act (FECA) provides workers compensation benefits. FECA covers all federal employees, including military personnel, who are injured on the job. It incorporates benefits like medical care, wage replacement, and vocational rehabilitation.

Differences Between a Workers Comp Injury & a Personal Injury in the Military

While workers compensation covers injuries or illnesses that occur during military service, personal injury claims come into play when the injury is caused by a third party, such as a civilian contractor, rather than by the military itself. Personal injury claims allow military personnel to get compensation from the party responsible for their injuries. This can include medical expenses, lost wages, pain and suffering, and other damages.

The major difference between a workers compensation injury and a personal injury claim lies in the fault. In workers comp cases, fault is usually not a factor. The injured worker is eligible for benefits regardless of whether the injury was due to their own actions or the actions of another party. On the other hand, in a personal injury claim, fault must be established in order to hold the responsible party accountable.

Rights of Injured Military Service Members

Injured military members, like civilians, have certain rights when it comes to workers comp and personal injury claims. These rights are put in place to protect your interests and ensure they receive the compensation they deserve. Some of the key rights for injured military members include:

• The right to medical treatment: Injured military members have the right to receive necessary medical treatment for their injuries, either through workers’ compensation benefits or personal injury claims.
• The right to wage replacement: If an injury leaves a military member unable to work, they have the right to receive wage replacement benefits to help cover their financial needs during the recovery process.
• The right to vocational rehabilitation: In cases where an injury prevents a military member from returning to their previous job, they have the right to vocational rehabilitation to gain new skills and re-enter the workforce.
• The right to file a personal injury claim: If a military member’s injury was caused by a third party, they have the right to file a personal injury claim and get compensated for their damages.

Military Workers Comp FAQs

As an Orange County military injury lawyer, here are some common questions our team hears from clients about workers comp in the military:

• Can I receive workers comp benefits if I am injured while performing my military duties? Yes, you are eligible for workers’ compensation benefits under the Defense Base Act (DBA) or the Federal Employees’ Compensation Act (FECA) depending on the circumstances of your injury.
• What types of injuries are covered by workers comp? Workers comp covers a wide range of injuries, including physical injuries, occupational diseases, and mental health conditions caused by military service.
• Can I choose my own doctor for medical treatment? Under workers comp, you are usually required to get treatment from a military-approved healthcare provider. However, you may be able to request a change of physician if needed.
• How long do I have to report my injury to my commanding officer? Report your injury as soon as possible to your commanding officer or military supervisor to ensure that your workers comp claim is properly documented.
• Can I receive both workers comp benefits and disability benefits from the Department of Veterans Affairs? Yes, it is possible to receive workers comp benefits and disability benefits from the VA simultaneously, as long as both benefits are related to different aspects of your injury.
• What happens if I am unable to return to active duty due to my injury? If your injury prevents you from returning to active duty, you will be eligible for disability benefits and vocational rehabilitation to help you transition to civilian life.
• Can I appeal a denied workers comp claim? Yes, if your claim is denied, you have the right to appeal the decision and present additional evidence to support your claim.
• Are there time limits for filing a workers comp claim? Yes, there are very specific time limits for filing your claim.
• How can an Orange County military injury attorney help me with my workers comp claim? A lawyer can guide you through the stressful process of filing a workers comp claim, gather necessary evidence, and advocate for your rights to ensure you receive the maximum compensation you deserve.

Reach Out to an Orange County Military Injury Attorney!

Set up a free case review and legal consultation to get all of your questions answered now. If you are a military member frustrated with the workers comp or personal injury claim process, the Law Office of William Bruzzo can deal with the stress, paperwork, and red tape for you. Contact us now to get started!