Who Pays My Claim If I Am Injured at Work?

 Posted on October 08, 2024 in Workplace Accidents

Accidents happen every day, even at work. California requires all employers to carry workers’ compensation insurance that provides benefits to their employees for job-related illnesses or injuries, but there are some situations when a third party is responsible. In those cases, workers may have other options for compensation.

When is a third party liable for workplace injuries? Is filing a personal injury claim a better option? An experienced lawyer can investigate your incident, establish liability, and help you get the compensation you deserve.

What Is the Difference Between Workers’ Comp and Personal Injury Claims?

Workers’ compensation benefits are usually available to employees who become ill or sustain injuries from work-related causes, regardless of who is to blame. These policies pay medical expenses, a portion of the worker’s lost income, and other qualifying losses. When you accept workers’ comp benefits, you relinquish the opportunity to file a personal injury claim against your employer.

Personal injury claims are based on negligence, which is defined as failing to behave like a reasonable person would in the same situation. You must have evidence that proves another party’s negligence directly caused your injury, but damages from personal injury claims may include compensation for the intangible effects your incident has on your life.

When Might a Third Party Be Liable for Workplace Injuries?

Job duties can vary widely, as can the types of accidents that can lead to injuries. Common examples include:

• Motor vehicle collisions: This might apply if another party is at fault for a crash if you were on the clock while driving or walking.

• Defective products: If defective machinery or other equipment injures you, the manufacturer may be liable.

• Construction sites: Many times, multiple work crews working for different contractors are at a job site simultaneously. If someone from a different crew injures you, that person and their employer may be held accountable.

• Premises liability: If your job takes you to people’s homes for deliveries, for instance, the property owner might be liable if you are injured while on the premises.

• Deliveries: If someone working for another employer makes a delivery or has other reason to be at your place of employment and injures you, that person and their employer might be liable.

It is essential to contact Law Office of John J. Garvey, III as soon as possible after a workplace injury. We need to investigate your accident, and the longer you wait, the more challenging it may become to find the evidence we need to establish negligence and liability.

Call Our Skilled South Bay Area, CA Workplace Accident Lawyer Now

With over 45 years of experience winning personal injury cases, you can trust Law Office of John J. Garvey, III to handle your case effectively. Call us at 408-293-7777 for your free consultation with our dedicated San Jose, CA personal injury attorney.