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Debunking Workplace Injury Myths: 5 Common Misconceptions Held By Residents Of Monterey County, California

 A man lies on the floor, illustrating workplace safety concerns in Monterey County, CaliforniaIn this article, you can discover…

  • The nuances between a workers’ comp and personal injury claim in California.
  • The types of injuries for which you can receive compensation.
  • What kind of timeline to expect when filing a workplace personal injury claim.

Is It True That You Have To File A Workers’ Compensation Claim—Not A Personal Injury Claim—If You’re Injured At Work In California?

It’s not entirely true that you must file only a workers’ compensation claim if you’re injured at work in California. In certain situations, you may have the right to pursue both a workers’ compensation claim and a personal injury claim. This is particularly true if a third party—someone other than your employer or a coworker—caused your injury.

If you are injured at work, filing a workers’ compensation claim is mandatory. You must report your workplace injury and initiate the workers’ compensation process, regardless of whether you intend to pursue a personal injury claim. Employers are typically required to ensure that workers’ compensation claims are filed, as this process also helps protect the employer from potential liability.

While you can decide how extensively you wish to pursue your workers’ compensation claim, it’s vital to understand that this claim serves as the primary avenue for securing benefits like medical treatment, wage compensation, and rehabilitation services after a workplace injury.

If a third-party claim is available, it can be pursued alongside the workers’ compensation claim to potentially recover additional damages. The reason why you may want to also file a third-party claim is because you can seek pain and suffering damages in third party personal injury claims, but workers compensation does not provide any damages for pain and suffering. Additionally, workers compensation does not provide 100% of your wage loss, while personal injury claims could provide you the full amount of your wage loss. More types of damages are available in personal injury claims.

Is It True Personal Injury Claims Stemming From Workplace Accidents Take Years To Resolve?

It’s true that personal injury claims stemming from workplace accidents can sometimes take years to resolve, but the exact timeline depends on several factors.

Workers’ compensation claims can take years to resolve too. Workers’ compensation claims are often open-ended and continue until you reach a status known as permanent and stationary (also called maximum medical improvement) and the parties agree to a settlement of all outstanding benefits. “Permanent and Stationary” or “Maximum Medical Improvement” means you’ve either fully recovered or have improved as much as possible with available treatment. Workers’ Compensation claims can sometimes last for years and, in rare cases, even a lifetime of ongoing care is required. However, some workers’ compensation claims are settled promptly, depending on the circumstances and the parties involved.

Personal injury cases can also take years, especially if they proceed to trial. The general timeframe for a case that goes all the way to trial is often between three and five years. However, many cases settle much sooner if the defendant’s insurance company is willing to offer a reasonable settlement. The complexity of the case, the extent of injuries, and the willingness of both sides to negotiate play significant roles in determining how long a personal injury claim takes.

Interestingly, workers’ compensation laws were originally designed to provide a quick and efficient process for compensating injured workers. Despite this intent, some workers’ compensation cases can end up taking as long as personal injury claims, particularly when disputes or complications arise.

When workers’ compensation legislation was first passed, it was supposed to be a quick way for workers to continue receiving income while they were off work with injuries. While it still provides quick subsistence benefits the overall scheme of workers’ compensation is not designed to compensate the worker with all they have lost due to injury. Under Workers’ Compensation, the worker does not receive 100% of their past wage loss, and very little compensation to account for future wage loss. Moreover, there is no ability to claim pain and suffering damages.

Is It True That I Can Only Get Compensation For Severe Physical Injuries In California?

No, California’s workers’ compensation system is designed to cover all workplace injuries, not just severe ones. Even minor injuries, like bumping into a door and sustaining minor harm, can be eligible for workers’ compensation benefits if it requires taking time off work for the injury and/or medical treatment.

For personal injury claims, the severity of the injury often determines whether pursuing a lawsuit is worth the effort. In cases of minor injuries, the cost and complexity of a personal injury claim might outweigh the potential compensation. Workers’ compensation might be a more straightforward solution in such instances if you are injured at work.

Consulting an attorney is key to getting a full assessment of your options. Many attorneys, including those who work on a contingency basis, offer free initial consultations to help determine whether pursuing a third-party personal injury claim makes financial sense based on your situation.

Can I Be Denied Compensation If I Have A Pre-Existing Condition?

You cannot be compensated for a pre-existing condition itself, but you can receive compensation for any exacerbation or aggravation of that condition caused in your workplace or by a third party. Both workers’ compensation claims and personal injury cases address pre-existing conditions differently, so consulting an attorney is key to determining your specific entitlements.

Insurance companies may use a pre-existing condition as a reason to initially deny compensation. However, if you can prove the condition was worsened due to your injury, you are still entitled to compensation. An attorney can help you gather the necessary evidence and navigate the claims process to ensure you receive what you’re owed.

Is It True That There’s No Point In Filing For A Claim Unless I Have Clear Evidence Of Someone Else’s Negligence?

This is a myth. For personal injury claims, while you will eventually need evidence to prove negligence if the case goes to trial, the investigation process can uncover critical details. Attorneys can help investigate your claim. Attorneys can help identify responsible parties and gather evidence to build your case, even if you initially lack clarity on who was at fault. In a personal injury claim, the proof required at trial is whether the party that injured you was “more likely than not” negligent. You do not need “clear evidence.”

For workers’ compensation claims, you don’t need to prove negligence at all. These claims provide benefits regardless of fault, making them more straightforward in terms of eligibility. Consulting an attorney ensures that you understand the process and have the best chance of success, even if your evidence seems incomplete at the start.

When A Client Initially Hesitates To Seek Help, How Does Your Firm Help Get Them The Outcome They Deserve?

Many clients hesitate to report workplace injuries due to misconceptions they’ve picked up from somewhere. Some worry they’ll have to see workers’ compensation doctors instead of their own or fear losing their jobs if their employer learns about the injury. Others struggle to admit they can no longer perform their job due to their condition.

In one case we’ve handled, our client was reluctant to report an injury. For whatever reason, they thought they would lose their job and would not be able to get proper medical care. We clarified that workers’ compensation law mandates reporting all workplace injuries and ensures medical treatment, even if clients also seek care from their own providers.

From there, we went on to guide them in filing a written report with their employer and submitting a claim to the Workers’ Compensation Appeals Board. Though the claim was initially denied, we ensured they had a hearing to establish that the injury occurred at work. Additionally, we connected them with specialized workers’ compensation attorneys to navigate the process. Our client eventually received the benefits and care they deserved.

Still Have Questions? Ready To Get Started?

For more information on Debunking Workplace Injury Myths, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 966-4471 today.

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