California Work Injury Lawyer
Every year, thousands of employees in California are injured at work and many of these accidents result in serious injuries or even death. Employees who sustain injuries while on the job are legally entitled to compensation. In the unfortunate situation of a death case, the family is entitled to compensation.
When a person gets hurt at work, they may assume that their recovery is limited to the workers' compensation scheme offered by their employer.
However, depending on the circumstances of the injury, they might be entitled to compensation through workers' compensation, a personal injury lawsuit, or even both.
If a third party, not the employer, was at fault for the injuries suffered by the victim, it may be possible to pursue that party for recovery in addition to the compensation offered by the employer.
For example, if a person driving a car in the course and scope of their duties gets rear-ended, the party at fault is also responsible for compensating the injured victim.
Employees who have sustained a work injury should immediately consult with a personal injury lawyer law firm that has experience in dealing with injury cases.
The law firm must possess the resources and knowledge of the law required to identify all potential injury claims. Otherwise, the injured worker may not receive the maximum compensation and benefits they are legally entitled to.
Typically, employees can't pursue a civil lawsuit against their employer for an injury sustained at work. The solution is pursuing a workers' compensation claim.
However, there are some exceptions to this rule. For example, an employee may sue an employer for conduct that was intentional, such as asbestos cases, where the employer knew of the harmful effect but failed to take any action to remove the asbestos or warn their employees.
Another example could include what is known as the “punch-press exception.” This law allows employees to pursue damages against their employer who have removed punch press safety guards to increase production.
As you can see, other than these few exceptions, an employee who has been injured on the job is generally restricted to pursuing a workers' compensation claim against the employer.
The workers' compensation system was designed to make sure that injured worker receives a fixed amount of compensation for their injuries at work without having to litigate the claim in court.
Most employers will carry workers' compensation insurance to give employees some type of mechanism for compensation for an injury or illness. The employees are not required to prove fault to be eligible for benefits.
Third-Party Work Accident Cases
In most cases, workers' compensation insurance coverage does not often provide sufficient benefits for employees who have been injured at work.
Changes in the California workers' compensation system have placed restrictions on the type and extent of benefits that are available to an injured worker.
It may be possible for the injured employee to pursue a workers' compensation claim and a civil lawsuit against the responsible party if they are not the employer.
These are commonly called “third-party” cases. By pursuing a third-party claim, you could receive additional compensation.
We will need to thoroughly review all the specific details to determine your potential options.
Contact Us to Evaluate Legal Options
An injured worker or a member of their family needs to consult with an experienced attorney to investigate all the potential options for compensation for their injuries.
This area of injury law requires specific expertise and the necessary experience to closely examine the facts and circumstances that caused the injury to the property to identify any possible third-party injury claims.
Typically, determining who was at fault in multiple third-party defendants is a complex and expensive process.
At Injury Justice Law Firm, we will work in conjunction with our clients' workers' compensation attorneys to make sure our clients receive the maximum compensation available to them.
Our firm specializes in handling on-the-job injuries resulting from work-related car accidents, negligence by a third-party contractor or vendor, defective tools, machinery, or equipment.
No Fee Unless We Win Guarantee
Call us today at 310-734-7974 for a free case evaluation. Our attorneys work on contingency, which means you do not pay anything unless we win your case.