If you have been injured at work, you should know that a workers’ compensation claim may not be your only recovery option. Employees often assume that workers’ comp benefits are the exclusive remedy for work injury claims, but under some circumstances, employers or third parties may be responsible for an employee’s injuries and damages outside of workers’ compensation benefits.
The San Diego personal injury attorneys at CaseyGerry know that recovery options under workers’ compensation benefits are limited, and we want our clients to receive maximum compensation for their losses. If you have been injured on the job, contact our office to schedule a free case evaluation. We will go over your case and discuss your legal options.
When a third party, unaffiliated with your employer, is at fault for your accident, you may file a personal injury claim for compensation. This is true even if you were working at the time of the accident. Common types of third-party work injury claims include the following:
There are several scenarios where your employer could be liable for your work injuries. For example, employers are responsible for employee injuries if they violate the law and fail to get workers’ compensation coverage for their employees. Employers can also be held accountable for serious and willful misconduct that results in an employee’s injury, such as physically assaulting an employee.
Other cases of serious and willful misconduct are not as easy to prove as intentional conduct. To demonstrate serious and willful misconduct, plaintiffs must be able to show that their employer subjected them to a hazard or danger that was likely to cause the employee to suffer serious injuries. Evidence of a workplace safety violation is often used to show an employer’s serious and willful misconduct.
Asbestos exposure and mesothelioma injuries are frequently blamed on employers. Plaintiffs in these cases offer evidence to show that their employer knew that employees were being exposed to dangerous asbestos but let them continue to work in a hazardous environment without disclosing the presence of asbestos.
To prove a personal injury case, you must be able to show that the defendant was at fault for the accident. Your attorney will begin the legal process with an investigative and discovery phase to gather evidence that proves the defendant’s fault and the extent of your injuries. To prove fault, most personal injury claims allege that the defendant’s negligence caused the accident and resulting injuries.
Evidence used to prove personal injury claims may include photographs, accident videos, witness statements, police reports, and anything else that demonstrates the defendant’s negligence. Additionally, medical bills, medical records, injury evaluations, and medical expert testimony may be used to prove the extent of your injuries and how those injuries will continue to impact you in the future.
Every injury case is unique, and the value of your claim depends on the circumstances of your accident, the extent of your injuries, and the impact your injuries will have on your future health and well-being. Available compensation may include medical expenses and lost wages related to your injuries. If your injuries are long-term or permanent, you may also be entitled to future medical expenses and loss of earning capacity.
In some cases, you may also collect non-economic damages, such as pain and suffering, mental anguish, and loss of consortium. When the defendant’s conduct that caused your accident amounts to malice, oppression, or fraud, punitive damages may also be awarded. In California, punitive damages are a means to punish defendants for their egregious conduct and to deter participation in similar conduct in the future. When injuries are fatal, compensation may be available to the estate and close surviving family members under a wrongful death claim and survival action.
Those who are injured in accidents caused by someone else’s fault typically recover more compensation when they have an attorney advocating for their financial recovery. Contact the attorneys at CaseyGerry to arrange a free consultation. We will go over the facts of your accident, evaluate the strength of your claim, and discuss your legal options.