An on-the-job injury can be:
Depending on the particular circumstances, on-the-job injuries can be covered by Workers’ Compensation laws, by tort law or by both. An experienced personal injury attorney can decide on the most productive way to approach your case.
Workers’ Compensation in California
Under the California Workers’ Compensation laws, your only option is to file a workers’ compensation claim for benefits before the Workers’ Compensation Appeals Board.
Workers’ Compensation laws provide benefits to you and your dependents if you’ve suffered injury or death because of your work environment.
The compensation may include:
If you’ve incurred a serious injury, these benefits can easily be much lower than what you’d be entitled to under tort law. But in California, you can’t usually sue your employer for on-the-job injuries. Therefore it’s a good idea to buy some disability income insurance from a private insurance company.
If your work injury was caused by somebody other than your employer, you can sue this other person (third party) under tort law. Examples of third party situations are:
Contact Lininger Injury Lawyers to learn whether your case has the possibility of a third party claim.