Can I Sue If Injured At Work – Employer Liability for Accidents
According to California law individual who suffer a work related injury are entitled to compensation via the states workers compensation system. Workers compensation is a state of federally mandated system where employees are able to receive monetary recovery for any injuries or damages which takes place due to their work activity.
No Fault Claim
In a personal injury lawsuit a plaintiff is required to show the court the presence of fault on the part the liable party. However, this is not required in cases where an person was injured on the job and is seeking workmen’s compensation benefits. More so your contribution to the accident; your negligence in causing the accident, is not a factor.
Filing a Personal Injury Claim for Work Place Injury
In most states across the country individual who have suffered injuries due to a workplace injury can pursue financial recovery only through state workers compensation platforms. However in some instances personal injury claim can be filed as well. A personal injury clam can be filed when the cause of the injury at work was due to the negligent or intentional acts of a 3rd party, (i.e an individual or entity that is not your employer). There are numerous examples where 3rd party actors can be held liable for such injuries. A few examples are provided below.
- Delivery driver who is rear ended in a car accident by another driver.
- A security guard who is attacked by an individual while on duty.
- An employee of a manufacturing facility who is injured due to a defectively designed machinery tool.
Compensation Available for Personal Injury Claim
Victims who pursue compensation via the filing of a personal injury claim instead of workers compensation must prove the fault (negligence or intentional act) of the defendant. Once established an injured party is entitled to compensation for all harms suffered including, (1) All current and future medical and health related expenses, (2) Lost work and loss of future income (3) Pain and suffering.
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