Imagine this: You fall while at work and hurt your back. Regardless of your industry or sector, this situation can easily happen. In California, a workplace injury like this would be handled through the workers’ compensation system. In other words, you’d be entitled to reimbursement for medical care and some of your lost wages, without proving it was your employer’s fault.
Now, imagine if this is how you hurt your back: You fell from faulty scaffolding because the scaffolding manufacturer did not follow industry requirements, which resulted in a faulty product. In this scenario, you may also be entitled to additional compensation through a personal injury claim. This is because these two systems work together to help you get the support you need after a work injury.
Learn more about our Sacramento Workers’ Compensation Attorney Services.
Workers’ Compensation: The First Line of Compensation
In California, most businesses are required to carry workers’ compensation insurance. Some exceptions are sole proprietorships and LLCs with no employees and independent contractors. But if an employee of a company gets hurt at work or in the course of fulfilling their job duties, the first step is typically to file a workers’ compensation claim. The workers’ compensation system is designed to be a “no-fault” remedy, which means you are entitled to benefits regardless of who caused the accident—you or the employer.
Essential Workers’ Compensation Benefits
The main components of workers’ compensation benefits include:
- Medical care for the injury
- Temporary or permanent disability payments
- Job retraining or displacement benefits if you’re unable to go back to the job you held before the accident
- Death benefits for dependents, including spouses, if the injury is fatal
The process is triggered when the injury is reported to the employer. This should occur immediately, and the employer must give the injured worker a Workers’ Compensation Claim Form.
Follow the Rules for Submitting a Workers’ Compensation Form
It’s important to note that if you download the form and submit it to the state without notifying your employer, you may be putting your benefits at risk. According to the State of California, the workers’ compensation process begins when you submit your form to your employer. On the day you submit the form, the deadlines for medical treatment authorization and claim investigation are triggered.
If you think your situation may require long-term or permanent disability benefits, consult an experienced workers’ compensation attorney immediately. A skilled, aggressive attorney will make sure every requirement is met on time and handle negotiations if they are necessary.
How a Personal Injury Claim May Be Possible in a Workplace Injury
As previously mentioned, workers’ compensation is the primary remedy for getting compensation for a workplace injury. However, a few important exceptions do exist. Here are a few conditions that may allow you to file personal injury and workers’ compensation claims.
- Third-Party Negligence: If someone else (not someone employed at the same company) caused your injury, such as the negligent scaffolding manufacturer, you can sue that third party for damages.
- Employer Misconduct or Intentional Harm: If your attorney proves that your employer intentionally caused your injury (e.g., assault, exposure to known hazards, etc.), you may actually bypass workers’ compensation and instead file a personal injury claim against your employer.
- Lack of Workers’ Compensation Insurance: If your employer breaks the law by failing to carry the required workers’ compensation insurance, you can sue them for damages.
- Faulty Products or Toxic Substances: If your injury was caused by a defective product or exposure to a toxic substance at work, you may have a strong case for a separate personal injury claim against the manufacturer or supplier of the product or substance.
Liens Against Personal Injury Claim Awards
Personal injury claims outside or in addition to workers’ compensation claims can get complicated. For example, in some situations, an employer may be entitled to be reimbursed for workers’ compensation benefits paid to you if you receive a settlement from a third-party personal injury claim. They may place a workers’ compensation lien on your settlement in that scenario. This is yet another reason why having a skilled workers’ compensation attorney working for you can make all the difference in the outcome of your claim(s).
Hiring a Personal Injury Attorney with Experience is Key
For thirty years, Eason & Tambornini has helped injured employees receive full compensation for their injuries and hold all appropriate parties responsible. Call our office at (916) 438-1819 to schedule a free, no-risk consultation. We will give you honest answers to your questions and explain your options. If we take your case, you pay no fees unless—and until—you win.