Navigating A Workplace Injury In Monterey County: Key Legal Considerations

In this article, you can discover…

• How to seek help and compensation after a workplace injury.
• The statute of limitations for reporting your injury.
• The benefits of allowing an attorney to help you file your personal injury claim.

What Is The Difference Between Filing A Personal Injury Claim After A Workplace Injury And Filing A Workers’ Compensation Claim?

The difference between filing a personal injury claim after a workplace injury and filing a workers’ compensation claim boils down to the scope of coverage and eligibility.

Workers’ compensation is always available to an employee injured on the job, regardless of who is at fault. It provides limited benefits, including coverage for medical treatment, temporary and permanent disability payments, which are partial wage replacements, and sometimes even vocational rehabilitation. Workers’ compensation, however, does not account for non-economic damages like pain and suffering.

A personal injury claim, on the other hand, may be an option if a third party—someone outside of the employer or coworkers—caused the injury. For example, if a delivery driver is injured in a car accident caused by another driver, they could file a personal injury claim against the at-fault driver.

Unlike workers’ compensation, a personal injury claim allows for broader recovery, including the full amount of past and future wages, the full cost of medical treatment, and non-economic damages such as pain and suffering.

Importantly, even if a personal injury claim is possible, you should still file a workers’ compensation claim to ensure access to immediate medical and wage-replacement benefits while pursuing any additional legal options available to you.

Can I File A Personal Injury Claim After A Workplace Injury Even If I Didn’t Report The Injury Immediately?

You can still file a workers’ compensation claim and potentially a third-party personal injury lawsuit even if you didn’t report your workplace injury immediately. However, delaying the report can make it harder to prove that the injury is work-related, as evidence and witness accounts may become less reliable over time.

The statute of limitations for filing a claim is separate from the timing of the injury report. For workers’ compensation claims, in many cases, the statute of limitations is one year from the date of the injury, though there are exceptions. While the statute of limitations for a personal injury claim may be longer, it’s generally advisable to file within the same timeframe as the workers’ compensation claim so both cases can proceed concurrently.

What Evidence Should I Gather To Support My Personal Injury Case?

To support your personal injury case, gather the following evidence:

• Medical Bills And Records
  • Documenting your treatment and the extent of your injuries is critical.
• Pictures
  • Capture the scene of the incident as it was at the time, along with visible injuries or damage.
• Out-Of-Pocket Expenses
  • Keep receipts and records of any costs you’ve personally incurred due to the injury.
• Documentation Of Wage Loss
  • Include pay stubs or other proof of income to support your claim for lost wages.
• Other Workers’ Compensation-Related Paperwork
  • If applicable, keep a detailed workers’ compensation file, as it may help establish the connection between the injury and your employment.
• Incident Reports
  • If your employer or another party created an incident report, include it, as it may provide an account of what occurred.

Can I Still File A Claim In California If I Was Partly Responsible For The Accident?

You can indeed still file a claim in California even if you were partly responsible for the accident. This is because fault is not a factor in workers’ compensation cases. Even if you were entirely at fault, you are still entitled to workers’ compensation benefits if the injury occurred at work.

California follows a comparative fault system. This means you can file a claim against a third party even if you share some responsibility for the accident. However, your compensation may be reduced by your percentage of fault. For example, if you were found 20% at fault, your recovery would be reduced by 20%.

Do I Need A Lawyer To File A Personal Injury Claim In California After A Workplace Accident?

You are not required by law to have a lawyer to file a personal injury or workers’ compensation claim in California, but there are very compelling reasons to seek legal representation for both.

For starters, the laws governing these claims are incredibly complex, and insurance companies always have skilled legal representation at their disposal to protect their interests. Without a lawyer, you may find it challenging to navigate the process and secure the full benefits you’re entitled to. Having an experienced attorney levels the playing field and ensures that your rights are protected.

Likewise, you do not need a lawyer to file a personal injury claim. However, hiring an attorney is highly recommended, especially since personal injury lawyers typically work on a contingency basis, meaning you don’t pay them any upfront fees—they only get paid if you recover compensation. A skilled personal injury lawyer can maximize your damages by handling negotiations, gathering evidence, and navigating the legal system.

In workplace accidents involving third-party liability, personal injury claims often overlap with workers’ compensation cases. Coordination between your workers’ compensation attorney and personal injury attorney is important to avoiding conflicts and ensuring the best outcome. Attorneys familiar with both systems can work together to create a cohesive strategy that maximizes your recovery while avoiding missteps that could harm either claim.

For these reasons, legal representation offers you a significant advantage in both personal injury and workers’ compensation cases, dramatically increasing your chances of receiving the full compensation and benefits you rightfully deserve.

What Advice Do You Give Clients Who Are Worried About Retaliation From Their Employer For Pursuing A Workplace Injury Claim?

At Lamb and Frischer Law Firm LLP, we recognize that concerns about employer retaliation for pursuing a workplace injury claim are common and valid. Unfortunately, it does happen, although proving retaliation can be challenging. Employers often try to disguise retaliatory actions, such as waiting until an employee is released to full-duty work and then terminating them under the guise of a reduction in force or other reasons.

The best advice we can offer is to document anything that seems retaliatory in nature as thoroughly as you can. Keep a record of events, communication, and actions that feel discriminatory or punitive. Retaliation for filing a workers’ compensation claim is a violation of workers’ compensation laws and could also be grounds for a separate third-party claim if the termination is in violation of public policy or related to a disability.

However, at the same time, you cannot ignore your injury or push yourself to return to full-duty work before you’re ready, as doing so could harm your personal injury case. Continuing to work without restrictions can make it seem like your injury isn’t serious, which could impact your claim.

When a personal injury claim overlaps with a workers’ compensation claim, the workers’ compensation provider will often have a lien on your personal injury recovery. This is to prevent double recovery for medical expenses or lost wages already covered by workers’ compensation. The amount owed back to workers’ compensation can be negotiated, and we are experienced in managing these negotiations to ensure you get the very best possible outcome.

Still Have Questions? Ready To Get Started?

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