You may have many questions about your physical and financial recovery after experiencing a workplace injury. You probably want to know your options for dealing with your losses and damages.
You might not fully understand how workers’ compensation and personal injury lawsuits apply to your situation, even if you are familiar with them. Los Angeles has two distinct procedures and payment options for workers’ compensation and personal injury claims. So, how do they differ?
How does Workers’ Compensation work?
All employers are required to carry workers’ compensation insurance. Workers’ compensation insurance is required for employers with one or more employees. Employees are covered by this insurance if they are injured at work or during their employment. Insurance payouts can be claimed by employees regardless of who caused the accident.
How does a Personal Injury Case Work?
A personal injury lawsuit filed in a California court is known as a personal injury case. To win the case, you must show that the other party was negligent. That is, you must establish that the other party acted with insufficient care and caution, resulting in your injuries.
After you’ve filed your lawsuit, you’ll need to prepare it according to the California Court Rules. You have the option of settling the matter of having it tried in front of a jury. Another distinction to be made about personal injury is the range of damages that can be recovered.
No-Fault Workers’ Compensation is Required
The most significant distinction between workers’ compensation and personal injury is that workers’ compensation does not require culpability to recover. It doesn’t matter if your injuries were caused by you or your employer, or if they were caused by something else entirely. You still have time to make up for your losses.
To be victorious in a personal injury case, you must establish fault. You must persuade the jury that someone else is responsible for your damages. Preparing evidence and presenting it to a jury is required to meet this burden.
Differences in Damages
You may be able to obtain damages for your lost wages in a workers’ compensation case. Depending on your earnings record, the insurance agent estimates your average weekly wages. Benefits are available for both permanent disabilities and medical expenses. You may also be eligible for vocational therapy to assist you in returning to work or retraining for a new career.
You can demand compensation for some of the same damages in a personal injury case that you might in a workers’ compensation case. For example, you may be compensated for medical expenses and lost wages.
A personal injury case, on the other hand, can include compensation for pain and suffering, which isn’t possible in a workers’ compensation claim. In some cases, punitive damages can be recovered in a personal injury case. In workers’ compensation claims, punitive damages are not permitted.
Differences in Procedure
The procedure for making a workers’ compensation claim differs from the procedure for filing a personal injury claim. When you report your injuries to your employer, you start a workers’ compensation claim. To begin the procedure, both you and your employer must fill out and submit forms.
Your claim will then be investigated by the insurance company. They can also have a medical examination ordered. You have the right to contest to the Division of Industrial Relations if you are dissatisfied with the insurance company’s decision.
To start a personal injury case in California, you must first file it in the right court. The other party is served with a copy of the lawsuit, and they have the option to react by submitting their court documents. To prepare the case, you can demand records and take depositions. You can have a formal trial or settle the dispute outside of court.
Am I Eligible for Workers’ Compensation and Personal Injury Benefits at the same time?
In the vast majority of situations, workers’ compensation is the sole recourse. That implies that if you’re wounded at work, you’ll only be able to recover workers’ compensation funds. You can’t have both workers’ compensation and personal injury, and you can’t choose personal injury over workers’ compensation.
However, your only option is to file a claim with the workers’ compensation system to recover the damages covered by the insurance policy. When you’re harmed at work in California, the law stipulates that workers’ compensation is your only option. However, there is one critical exemption to this rule.
You can still file a claim against a third party if you are injured at work as a result of their negligence. If a client, supplier, or other third party causes your injuries, the workers’ compensation system will not prevent you from pursuing a claim against them.
This can sometimes raise the intriguing question of whether a person is your boss, a coworker, or a third party. This is a question that might sometimes be the deciding factor in a negligence case.
Further Considerations
It is possible to sue an employer for dismissal if they fire you due to a workers’ compensation claim. Additionally, if there are hazardous working conditions, you can report these to OSHA (Occupational Safety and Health Administration). When either of these considerations applies to you, your Workplace injury attorney at Siman Law Firm can help you determine your options.