What is the difference between workers compensation and other accident cases?
Accident cases are governed by the tort laws. “Tort” means civil wrong, as opposed to criminal wrong. When a person commits a civil wrong he is obliged to pay civil damages to the person or persons injured by his act. Of course, a person found guilty of a criminal wrong pays a debt to society in the form of a prison term or fine. Tort cases are based on a fault system. If an injured person can prove that some other person was at fault, that the fault caused an accident, and that the accident caused him an injury, then he is entitled to recover his full measure of damages. The full measure of damages includes an allowance for pain and suffering and loss of life’s pleasures. The law of compensation for losses is not an exact science, and is based on the premise that personal injuries and the resulting pain and suffering cause loss of enjoyment of life. No jury or judge can restore what has been lost, but they can award a sum of money. These are often called “general damages.” General dam