When are injured in a work-related accident, many people assume that a workers’ compensation claim is their only way to get compensated for their injuries. However, California law allows you to pursue a claim against someone other than your employer if the other party's negligence caused or contributed to your injuries.
Role of Workers’ Compensation and Personal Injury Claims
The workers’ compensation system was designed to help make sure workers were compensated for injuries sustained in the course of their employment and to protect employers from litigation. Under the workers’ compensation system you cannot usually sue your employer. The type of compensation you are able to collect is also limited.
However, if a third party is responsible for causing your injuries you may be able to pursue both a workers’ compensation claim and a claim for injuries against the party that was responsible. Cases in which someone other than your employer has caused your injuries are complex and must be handled outside of the workers’ compensation system by a personal injury lawyer who understands how these two different claims systems operate and affect one another.
Protecting Your Claim
The most important thing you can do to protect your claim is to seek appropriate medical assistance as soon as possible. Even if your injuries from a car accident do not require immediate medical attention, if you fail to see a doctor in the days after the accident it will become more difficult to link your injuries to the car accident and can reduce the amount of compensation you may receive.
Personal injury claims have strict time limits. It is important that you consult with a lawyer as soon as possible to avoid missing key deadlines that could prevent you from making a claim. You should also not sign away any right to pursue a personal injury claim. Sometimes insurance companies are eager to convince you that you must stick to the workers’ compensation system. However, doing so may not be in your best interest.
If were injured in a work-related car accident in which another party was at fault, you need to speak with an experienced San Jose personal injury attorney right away. Call the Law Office of John J. Garvey, III today at 408-293-7777 to schedule a consultation and have your case evaluated. You may only have a short time to make your claim.
While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with the attorney, please call at 408-293-7777 or complete the intake form below.