If you’re injured while on the job, two very different paths are available to you for getting compensation for your injuries: A personal injury lawsuit, or a workers’ compensation claim. Choosing which one to pursue is an important choice.
Workers’ Compensation
Workers’ compensation, often casually known as “workman’s comp,” is a system defined by statute in California state law. All employers in the state are required to have workers’ compensation coverage, and most workers are covered by it. Crucially, though, workers classified as independent contractors, rather than employees, are not covered (a fact that has recently caused friction between California and ridesharing companies like Uber).
In a workers’ compensation claim, you are entitled to the cost of any medical treatment you receive for an on-the-job injury, as well as at least a portion of any wages lost due to missing work. Notably, workers’ compensation does not cover additional non-economic damages, such as pain and suffering, and it cannot include punitive damages.
The most important benefit of workers’ compensation is that it is no-fault. A worker doesn’t have to show that his employer was directly responsible for his injuries or that they were caused through negligence in order to be compensated. This makes it far easier to obtain compensation, and faster as well: An employee can get the money he needs to replace lost wages right away, rather than having to roll the dice on a lengthy legal battle.
However, this strength can also be a weakness: With only a few exceptions, once you file a workers’ compensation claim with your employer, it is no longer possible to sue them for your injuries. For especially severe injuries, or particularly heinous negligence, this may mean obtaining far less compensation than you might be able to receive in court.
Personal Injury
Workers’ compensation is the most common way to resolve an on-the-job injury. But it isn’t the only option. A worker can also pursue a personal injury claim, much as they might after a car accident, dog bite,
In a personal injury case, it will be necessary to prove fault. You will have to show how your employer, or a specific person, was negligent in their duties toward you, and that negligent caused you an injury that otherwise wouldn’t have happened. A personal injury case can be more difficult and time-consuming, but it can also bring compensation for things workers’ comp doesn’t cover. Most obviously, this can include physical pain and mental anguish, but it can include other things as well. For instance, while a workers’ comp claim will cover lost wages from missing work, a personal injury case could win damages related to lost future earnings capacity. In cases of severe wrongdoing, a personal injury claim can also result in punitive damages.
Sometimes, it will be possible to pursue both workers’ compensation and a personal injury case. This is most often the case when one is injured on the job by the negligence of a third party (for instance, a delivery person who is hit by a distracted driver). In such instances, one can use a workers’ compensation claim to win immediate relief for medical expenses and lost ages, while the personal injury case can seek recompense for the other harms listed above.
To figure out if your workplace accident could be a personal injury case, contact the law offices of M.R. Parker Law, PC at (818) 334-5711. We’ve recovered tens of millions of dollars for our clients, stemming from all kinds of accidents. Our consultations are free, and we take almost every case on contingency: That means you pay us nothing, and we only get money if you get money.
