If you are injured at work in California, you may be entitled to workers' compensation benefits. However, in some cases, you may also have a personal injury claim against a third party. Understanding the difference is critical to maximizing your recovery.
A no-fault system that provides benefits regardless of who caused the injury. Covers medical expenses, temporary disability, permanent disability, and vocational retraining. You generally cannot sue your employer.
Requires proving someone else's negligence caused your injury. Allows recovery for pain and suffering, full lost wages, and punitive damages. Can be filed against third parties other than your employer.
Workers' comp does not cover pain and suffering. Personal injury claims do. Workers' comp wage replacement is capped at 2/3 of your average weekly wage. Personal injury allows full recovery of lost earnings.
If a third party caused your workplace injury - such as a negligent driver, defective equipment manufacturer, or subcontractor - you may file both a workers' comp claim and a personal injury lawsuit.
Contact The Azizi Firm to determine if you have a workers' comp claim, a personal injury claim, or both. Free consultation available.
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