Work Injuries Where You Can Collect Workers’ Compensation and Still File a Personal Injury Lawsuit

If you get hurt at work, you can be at a real disadvantage. California’s workers’ compensation program may provide coverage for your medical care and some money to make up lost wages, but you won’t get full amounts for the money you’re losing, and you cannot receive any compensation for your pain and suffering and other impacts on your life. Recovery for those amounts is often available through a personal injury claim, but the law puts severe limits on when you’re allowed to file a personal injury lawsuit after an on-the-job injury.

At the Law Offices of Benjamin Arsenian, we help people recover through the workers’ compensation system as well as through personal injury lawsuits, and we know that there are some situations where it can be possible to recover through both processes when you follow the right steps. If you contact us for a free case evaluation, we can explain the recovery options available to you. For general background, here are some situations in which it may be possible to collect workers’ compensation while seeking recovery through a personal injury lawsuit.

Understanding the Differences

The workers’ compensation system and personal injury lawsuits each have their advantages and disadvantages. They also work through different procedures. However, to recover through either system, you need to be meticulous about following the rules, presenting evidence, and meeting deadlines; otherwise, you will be denied recovery.

Workers’ Compensation

The workers’ compensation system was designed as a compromise between workers and employers. Benefits are limited, so employers don’t have to pay out as much as they would in a personal injury claim. Generally, workers can receive medical care and amounts to replace up to 2/3 of the wages they’ve lost due to time missed from work.

The tradeoff is that workers can receive benefits even if the employer did nothing wrong, and the worker does not need to prove any negligent actions. This makes it easier to receive benefits in the workers’ compensation system than in a lawsuit, but insurance companies still deny claims routinely, and injured workers usually need to fight the system with the help of an attorney to obtain benefits.

Personal Injury Lawsuits

Workers who succeed in recovering compensation through a personal injury lawsuit stand to gain much more than workers who receive benefits through the workers’ comp system. A personal injury lawsuit can provide full compensation for lost wages, greater choice in medical care, and damages to cover other needs and compensate for the intangible effects of the injuries, such as emotional anguish. However, to recover these damages, the attorney representing the injured worker must be prepared with evidence and arguments to prove that someone acted in a legally negligent manner, which can be a difficult hurdle to overcome.

Workers’ Compensation is the Default Recovery System

Some jurisdictions allow employers to opt out of the workers’ comp system, but it is mandatory in California. All employers are required to participate in the system. Even if a business has only one part-time employee, that employee must be covered by workers’ compensation.

When a worker is injured on the job in a situation covered by workers’ compensation rules, the worker can apply for workers’ compensation benefits, but the employee is usually not allowed to sue the employer for negligence. An injured worker must report the injury to the employer within 30 days, or they may not be able to recover anything at all. If the worker has predesignated a doctor, they can see their own doctor for treatment. Otherwise, they need to see a medical provider approved by the employer.

A Lawsuit Can Be Filed if Someone Besides the Employer Caused the Injury

While an injured employee usually cannot sue their employer for damages, they can sue someone else. If a worker from another company, or the owner of a job site, for instance, is responsible for the injuries, the employer can work with a personal injury attorney to file a claim against that outside party. It will be necessary to prove that the outside party was negligent, so it is important to begin gathering evidence as soon as possible and to work with an attorney early on for the most assistance.

Examples of situations where a third party could be sued for an on-the-job injury include:

• An employee of a subcontractor acts irresponsibly and causes injuries
• A manufacturer supplies defective products to the job site that cause harm
• While an employee is making a delivery, a negligent driver causes a collision
• While an employee is working off the employer’s premises, the worker is injured by a dangerous condition on the property

It is important to be aware that if an employee receives compensation through a lawsuit, they may need to reimburse the workers’ compensation insurance for some of the benefits received.

On Rare Occasions, an Employee Can Sue the Employer

There are a few situations in which California law allows an injured employee to sue their employer for a work-related injury. If the employer intentionally harms the employee, then a claim would be allowed. In a similar vein, if an employer knows about an injury but tries to hide it, or if they caused the injury by removing a safety guard from equipment, then a suit might be allowed. 

If an injury was caused by a defect in a product manufactured by the employer, the employer could be sued not as an employer but as a manufacturer. There may be other situations where a personal injury claim could be possible, so it is important to discuss the details with an experienced attorney.

Benjamin Arsenian Fights for Full Recovery for Injured Employees

It can be hard to know what to do when you’ve been hurt at work. It is important to understand your rights and the steps you need to take to achieve the best possible recovery after an on-the-job injury. Allow us to help. At the Law Offices of Benjamin Arsenian, we know how to protect the rights of injured employees and to find the most effective means to secure the full compensation available under California law, either through a workers’ compensation claim, a personal injury lawsuit, or both. For a free consultation to discuss what may be possible in your case, call us at 714-400-2000 or contact us online today.