After a work-related accident, an employee may encounter an instance in which they can file both a workers’ compensation claim and a claim for personal injury at the workplace. These dual claims can arise from circumstances such as motor vehicle or construction accidents. The dual claim process can seem tricky, but do not stress. At Jones Legal, Inc, our clients are more than a file. We will walk you through the dual claim process and fight for you every step of the way.
Workers’ Comp or Personal Injury?
- Workers’ Compensation: No Fault Required
Personal injury and workers’ compensation are two very different structures. Workers’ compensation began as a bargain between employers and their employees. Employers must provide no-fault insurance against workplace injuries and, in return, are not at risk of lawsuits by the injured employee. The exceptions to this rule are very limited.
Workers’ compensation benefits can include medical bills, temporary or permanent disability benefits in the form of wages, and, in extreme cases, death benefits.
- Personal Injury: Proving Fault
Personal injury law in California involves the legal structure for enforcing civil liability for injuries caused by the negligence of others. Proving fault is essential for you and your attorney to win your compensation claim. Common sources of personal injury include motor vehicle accidents, dog bites, medical malpractice, and negligence.
California law also imposes a statute of limitations for filing a claim. It is important that an individual files a claim within the specified time period. In California, the statute of limitations for personal injury is two years from the date of the injury’s occurrence.
Personal injury claims may provide for medical bill costs, compensation for lost wages, and coverage of funeral expenses should the accident cause a death.
I suffered an injury at work. Can I also file a personal injury claim?
Yes. You may file a workers’ compensation claim as well as a personal injury claim for injuries you sustained at work. You may not, however, receive full workers’ compensation benefits and a personal injury settlement.
If you are an injured worker and unsure about what to do next, we invite you to speak with a Jones Legal, Inc. attorney about your options.
What are some instances when a personal injury lawsuit applies to work injury?
You may file a workers’ compensation claim for injuries sustained at work, while also filing a claim against a negligent party. This is not always the case, but here are some examples of dual claim opportunities:
- If your work injury resulted from a defective product, you may file a workers’ compensation claim because you were injured at work. You can also file a claim against the manufacturer of the product, or another party responsible for the product’s defect.
- If you drive as a part of your job and another vehicle hits you, you can file a workers’ comp claim. You may also file a claim against the other driver, given the accident was their fault.
- If you use dangerous substances at your work, such as acid, you may file for workers’ comp if you sustain an injury. If your suffering results from someone else’s negligence, you may file a claim against that person as well.
Which attorney should I use for personal injury and workers’ comp claims?
Workers’ comp and personal injury lawyers should have a lot of experience with the complexities of California’s legal system.
Our attorneys at Jones Legal, Inc. have years of experience in both workers’ compensation and personal injury cases. We are well-equipped to advise you on which path you should take.
Call California Workers’ Comp Attorney Jones Legal, Inc.
If you suffered an injury while on the job, you have the right to explore your options. Let our experienced California attorneys at Jones Legal, Inc. get what you’re entitled to. Our attorneys will speak to insurance companies on your behalf to make sure you are getting the highest amount for your injury. Contact our offices in Riverside today to make sure your case is treated as more than just a file. Call 951-742-7213 for a free consultation, or visit our website to fill out our online intake form.