Seeking Compensation for Workplace Injuries

 Posted on August 30, 2017 in Workplace Accidents

When you have been injured at work, your thoughts may initially turn to filing for workers’ compensation benefits to cover the costs and damages associated with your injuries. Such a reaction is reasonable, as workers’ compensation is intended to offer coverage for a large majority of workplace accidents and injuries. There are, however, many situations in which workers’ compensation is either insufficient or inappropriate, and a separate lawsuit may be necessary.

Personal Injury and Third-Party Lawsuits

The best and most appropriate route for obtaining the compensation you deserve following a workplace injury depends on a number of factors. First, the cause of your injury is important. If you were injured in an accident that nobody else caused while in the normal scope of your job, a personal injury lawsuit will probably not be necessary.

However, if your injuries were caused by a third party that is not your employer, a third-party personal injury lawsuit may be appropriate. For example, if you were driving a company car on company time and another driver caused an accident in which you were injured, you could file a lawsuit against the at-fault driver. Another common scenario involves multiple companies working in relationship to one another. Consider a construction site with many different contractors working at the same time. If you were performing your job and were injured by the negligence of another company’s employee, a third-party suit against that company could be necessary.

Work Injury Case Results in $17 Million Verdict

A similar set of circumstances was in question recently in a Riverside courtroom, where a former security guard was seeking damages for injuries he sustained while on the job. The man was employed by a security services company and was contracted to work in a PennySaver plan in Jurupa Valley. He suffered serious injuries in October 2013 when he was hit by a forklift and dragged for several feet. The accident crushed and degloved the lower portion of his leg, which had to amputated two years later. Earlier this month, a jury awarded the man $17 million in medical expenses, pain and suffering, and future costs associated with losing a limb. The man’s third-party lawsuit was appropriate because although he was injured at work, his injuries were deemed to be the responsibility of a company other than his employer.

Injured at Work?

If you have been injured on the job as the result of another party’s actions or negligence, you may be able to file a third-party claim to get the compensation you need. Contact an experienced San Jose workplace injury attorney for guidance in exploring your available options. Call 408-293-7777 for a free consultation with John J. Garvey, III today.

Sources:

https://www.dir.ca.gov/InjuredWorkerGuidebook/InjuredWorkerGuidebook.pdf

http://www.crossroadstoday.com/story/35879657/jury-awards-17-million-to-man-who-lost-his-leg-in-forklift-accident