In most cases, if you’re injured on the job in California you’re barred from suing your employer, and limited to collecting workers’ compensation benefits. That’s why it’s usually only possible to sue for pain and suffering if a third party’s negligence caused the accident. If you’ve been injured in a work accident, you should consult with a California personal injury attorney to find out exactly what claims are available to you.
Why Third Party Claims For Job Accidents Help Workers
Workers’ compensation benefits only entitle you to compensation for medical bills, lost earnings and statutorily capped small amounts of additional payments. On the other hand, lawsuits for personal injuries caused by negligence can yield very high verdicts and settlements. Workers’ compensation benefits can never fully compensate you for a lifetime of pain, suffering and limited abilities. That’s why it’s always worthwhile to investigate whether a third party is responsible for injuries sustained in a work accident. The best way to find out if you have a third party claim, in addition to workers compensation, is to consult with an experienced California personal injury attorney.
Examples of Third Party Claims For Injured Workers
The most common type of third party claim for injured workers are traffic accidents. For example, you’re delivering pizza and and you’re hit in the rear by another vehicle while stopped at a red light, or you’re an attendant in an ambulance hit by a drunk driver. In such cases you’ll have BOTH a workers’ compensation claim and a third party lawsuit against the driver and owner of the vehicle. Other examples are an office worker is injured when an employee from a moving company drops something on their foot or a traveling salesperson injured by slipping on water at a hotel. The only way to know for sure whether or not you have a third party claim for your job injury is to contact an experienced California personal injury attorney.
Can One Attorney Handle Both Cases?
Sometimes you will have two attorneys, one for workers compensation and another for the third party claim. This is because workers compensation is a specialized administrative process and third-party claims are handled by California personal injury lawyers that are skilled litigators.