Injuries happen and they can happen anywhere; at your home, a store, a friend’s house, a school, or your place of work. Deciding to seek compensation for your injury depends on where, when, and how you were hurt. In California, filing a workers’ compensation claim or a personal injury lawsuit are quite different from each other. Here’s what you need to know in case you are in an unfortunate position.
In California, and in most states, businesses must buy workers’ compensation insurance for their employees. If you are injured at work, you have the right to claim workers’ compensation which includes paid medical treatment, disability benefits, medical leave, PTSD treatment, lost wages, or even death benefits. The major difference between workers’ comp and personal injury is that workers’ comp is an insurance for work related injuries paid through the employer. Workers’ comp also puts fault on no one and will provide benefits, even if the employee was the one who injured themselves on the job.
If an employee is injured on the job, they must immediately report it to their employer, who then reaches out to the insurance provider and the state workers’ compensation board, if needed. The insurance company will provide benefits to the injured employee if the employer does not dispute the claim. If there is a dispute about the injury, the employee may need to plead their claim to the workers’ compensation board for approval of the case. Common workers’ comp injuries include broken bones, burns, fractures, cuts, sprains, trips and falls.
California law mandates the employer must provide the employee with a workers’ comp claim form within “one working day after learning about your injury or illness.”
Caveats: Scenarios where a personal injury lawsuit could be viable instead of pursuing workers’ compensation in California
1. Injuries Caused by a Third Party While on the Job
Scenario: A delivery driver for a logistics company is hit by a distracted driver while making deliveries. The driver suffers severe injuries, including a broken leg and head trauma.
Reason for Personal Injury Lawsuit: The injured delivery driver can file a personal injury lawsuit against the distracted driver who caused the accident, as the at-fault party is a third party unrelated to the driver’s employer. In this case, the driver can sue for pain and suffering, lost wages, and medical expenses.
2. Employer’s Intentional Misconduct or Gross Negligence
Scenario: A construction worker is required to work on scaffolding without any safety harness or guardrails. Despite the worker’s complaints, the employer knowingly ignores the safety violations, resulting in the worker falling and suffering severe back injuries.
Reason for Personal Injury Lawsuit: Under California law, if an employer’s actions are willful, reckless, or amount to gross negligence, the injured employee may be able to bypass the workers’ compensation system and file a personal injury lawsuit for punitive damages. This type of claim is rare and must be proven with significant evidence of the employer’s egregious behavior.
3. Injuries Due to Defective Equipment or Machinery
Scenario: A factory worker is operating a machine press that malfunctions due to a design defect, crushing the worker’s hand. An investigation shows that the machinery had a known defect, but the equipment manufacturer failed to recall or fix the issue.
Reason for Personal Injury Lawsuit: The injured worker can pursue a product liability lawsuit against the machine’s manufacturer or supplier for producing or selling a defective product. This type of third-party lawsuit is separate from workers’ compensation and allows the worker to seek compensation for pain and suffering, loss of limb, and other non-economic damages.
Other Personal Injury Lawsuit Examples
Let’s say you were grocery shopping at the store and you fell on a patch of pickle juice from a broken jar that an employee did not clean up. There were no hazard signs and no employees around at the time. You may have a case for a personal injury lawsuit.
If you were not harmed at work, rather hurt by someone else physically, psychologically, or due to negligence, you have the right to begin a personal injury lawsuit. Incidences where personal injury claims can be used are medical malpractice, car accidents, manufacturing errors that have caused injury, or intentional harm by someone else.
How Long Do I Have to File a Personal Injury Claim in California?
In California, a person must file a personal injury claim to the court within two years of the injury, usually where the defendant lives or works. However, it’s possible that your insurance provider may cover your particular cost of injury, so checking there first is a good idea before filing for a lawsuit.
Cause of Action
In personal injury cases, the person filing needs to have at least one cause of action, or reason, to be filing. Negligence and battery are just two reasons you can use on your claim. You will also need to gather evidence proving your cause of action, such as documentation, photos or videos, medical bills, or police reports.
Getting hurt, either on the job or business, is not something you want, but there are ways to help with costs and attorneys who can help you prove your case.
Los Angeles, Orange County, Ventura, San Bernardino Personal Injury Attorney: Top Rated
If you’ve been injured on the job under circumstances that may involve a third party or employer misconduct, it’s crucial to contact a personal injury attorney to understand your legal rights and options. Workers’ compensation only covers a limited range of benefits and does not allow for recovery of pain and suffering or punitive damages, which could be crucial in cases involving negligence or defective products. A skilled personal injury attorney can assess the specifics of your situation, identify if there are grounds for a lawsuit outside of workers’ compensation, and help ensure you receive the full compensation you deserve. Taking this step early on can make a significant difference in your recovery and financial future. Contact Saam’s Personal Injury team today for free.
Sources:
selfhelp.courts.ca.gov
forbes.com
dir.ca.gov
openai.com