What Is the Difference Between Personal Injury and Workers' Compensation?
Workers' Compensation vs Personal Injury Claims
Workers’ compensation is a system that aims to provide benefits to employees in the event of a work-related incident. Workers’ compensation claims differ from personal injury claims because proving liability is not necessary to recover benefits.
However, some workplace accidents may involve third parties — the negligence of manufacturers, designers, retailers, maintenance workers, and safety inspectors could be to blame for an incident. If one of these parties is at fault for your work injury, you could be entitled to additional benefits through a third-party work injury claim.
What Is the Role of Liability in Workers’ Compensation Claims?
Workers’ compensation is a no-fault system. In typical cases, liability for a work injury may not be considered. Often, employees are able to have their claims approved and begin collecting benefits without attributing blame to anyone.
Additionally, employers cannot be sued under the workers’ compensation system. Even if your employer can be considered as the at-fault party in your work injury case, you cannot file an outside claim against them. There may be an exception in rare cases of gross negligence or misconduct, but it is not the standard for an employer to face any liability for injuries to their employees in typical workers’ compensation claims.
What Are Third-Party Work Injury Claims?
Outside of the workers’ compensation system, an injured employee may be able to file a third-party claim to account for the liability of entities other than their employer. Third-party work injury claims exist separately from workers’ compensation claims, and proceed more similarly to a personal injury claim. In these cases, the injured employee would act as a plaintiff and would need to prove the defendant party’s negligence and liability.
Some common third-party claims involve those dealing with machinery accidents. You may be able to file a third-party work injury claim if you were hurt in an accident caused by:
- Defective equipment design or manufacturing
- Known sale of a defective or dangerous machine
- Improper maintenance provided by a third party
- Failure by a safety inspector or regulatory agency to identify and correct a machinery defect
How Can Workers' Comp Attorneys in Los Angeles Do to Help?
Workers' compensation is a system designed to provide benefits to employees who have been injured on the job or while performing work-related duties. While employers are required by law to provide these benefits, they must be applied for and there can be many obstacles that stand in the way of receiving them. An experienced workers’ comp lawyer can help ensure that an injured worker gets all the benefits and compensation they deserve. A skilled workers' comp attorney will understand how California's laws apply to your case, as well as how best to navigate the complex process of filing a claim for workers' compensation. Additionally, if needed, a qualified attorney can help you pursue additional damages through third-party claims when applicable.
Other services a workers' comp attorney near you can provide:
- Assisting with filing workers’ compensation claims and ensuring accurate paperwork is submitted.
- Representing clients in hearings, appeals, and other proceedings related to the claim.
- Investigating the circumstances of workplace injuries to determine if a third party may be liable for additional damages beyond what was provided by workers' compensation benefits.
- Helping calculate the amount of workers' compensation benefits that an injured worker should receive based on their injury or illness. This includes medical bills, lost wages, disability payments, etc., as well as any additional damages from a third-party claim if applicable.
- Negotiating settlements on behalf of clients so they can get compensated quickly without having to go through long court proceedings involving multiple parties and legal procedures.
- Advising clients about their rights under state law. This means helping clients understand what types of coverage are available for their particular situation, how much coverage they are eligible for, which deadlines must be met, and other important considerations regarding both employees’ rights and employers’ obligations.
If you have been injured on the job, contact Alvandi Law Group, P.C. to get started on filing a workers’ compensation claim and finding out what legal options are available to you in Orange County. Our attorneys can assist you with every aspect of your workers’ compensation claim. We are available to discuss your case.
For experienced, no-cost insight into your workers’ compensation case, schedule a free consultation with our workers' compensation attorneys in Orange County by calling (800) 980-6905 or completing our contact form.
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