If you have been injured on the job, you may have a number of questions regarding your medical expenses and lost wages. Dealing with a work injury can be both physically and emotionally traumatic. In addition, you are likely dealing with unanticipated costs and are unable to work as you recover from your injuries.
After sustaining a work injury, the primary concern for workers is whether they will be paid or compensated. In this article, we will answer some of the questions you may have about compensation in California following a work-related injury.
Workers’ Compensation System
Typically, work injuries in California are covered by the state’s workers’ compensation system. Employers are required by law to contribute to this system, which functions essentially as an insurance program. Workers’ compensation may provide benefits such as payment for medical care and a portion of lost wages if an employee is injured on the job. Workers’ compensation is a “no-fault” system, which means that workers can receive payment for work-related injuries regardless of who was at fault.
However, things are not always so straightforward. There are instances in which an employer violates workplace safety laws and regulations by permitting hazardous conditions to persist. There are instances in which parties besides the employer are responsible for a workplace accident.
Therefore, if you have been injured in a workplace accident, you may be eligible for compensation from sources of which you are unaware. It is imperative that you seek the advice of an experienced work injury attorney who can examine your case in detail and determine who can be held accountable for your injuries, damages, and losses.
It is also essential to realize that workers’ compensation will not cover all your losses following a work injury. For instance, you may not be compensated for lost future income, the cost of necessary surgery, such as reconstructive surgery to repair scars or disfigurement, or pain and suffering.
Third-Party Lawsuits
If you are injured on the job as a result of the negligent or careless actions or inactions of a party other than your employer, you can likely file a third-party claim. These are civil lawsuits for personal injury in which you, as the plaintiff, must establish the cause of your injuries. Automobile accidents, slip-and-fall incidents, dog attacks, faulty equipment or machinery, chemical exposure, etc., are examples of situations that could give rise to a third-party lawsuit.
Although third-party claims can arise in any industry, they are more prevalent in the construction industry due to a large number of parties and companies involved in a construction project, including general contractors, property managers, architects, subcontractors, and other potential third parties.
When workers’ compensation pays for a work injury, why file a third-party lawsuit? This is another question we frequently receive. As work injury attorneys, we frequently observe that workers’ compensation falls short of what an injured worker and his or her family require to recover from injuries or, in many cases, to avoid financial ruin after the death of a family member.
Third-party injury lawsuits seek full or maximum compensation for injuries, damages, and losses, which may include diminished or lost earning capacity and long-term care that workers’ compensation may not cover. Therefore, third-party lawsuits may be much more valuable than workers’ compensation benefits.
Conclusion
Contact an experienced work injury attorney at DYS Law Group who will not only remain on your side and fight for your rights every step of the way, but also assist you in avoiding the errors that could jeopardize your claim and prevent you from receiving payment or full compensation for your work-related losses. Call us now at (213) 855-4749.
