Are You Entitled to Money Outside of Workers’ Compensation?

Injured employees are often led to believe that they are only entitled to compensation through the workers’ compensation system. While, in many cases, this may be true, it is not always correct. Learn how to determine if you may be owed money outside of the workers’ compensation system, and discover how an experienced attorney can assist with the process.

Workers’ compensation is meant to cover an injured employee’s medical expenses. Those who are unable to work may also be eligible for temporary or permanent disability through the workers’ compensation system. Unfortunately, disability only compensates for a portion of the worker’s wages, which may place them and their families at risk for financial devastation. Additional compensation, sought through either a third-party liability lawsuit or an employer negligence lawsuit, can improve a victim’s circumstances.

The unfortunate truth about additional compensation is that not all injured workers are eligible. Instead, there must be extenuating circumstances. Examples may include injuries caused by:

• Defective machinery,
• Toxic substances,
• Egregious employer conduct,
• Negligent third-party property owners,
• Negligent contracted companies or employees, and
• Other negligent third-parties (i.e. auto accident).

It is important to remember that the above examples are just that; details from one case to the next often determine a victim’s eligibility for additional compensation. There are also several other situations and circumstances not listed above that could give an injured employee the right to pursue a settlement outside of workers’ compensation. For this reason, it is advised that all injured employees seek a detailed analysis of their case, especially if they suspect that a negligent third-party may have been at least partially responsible for their injury.

Although an attorney is not required for pursuing compensation from a negligent third-party, it is highly advised. Not only does this protect you in cases against large, corporate companies with teams of attorneys, it can also give you more leverage during the negotiation process. Furthermore, an attorney can handle the legal aspects of your case to give you and your family the time you need to heal or grieve after a serious injury.

At Corsiglia, McMahon & Allard, LLP, we protect the rights and best interests of injured workers. Compassionate and experienced, our San Jose work injury lawyers can examine your case, explain your options, and represent you if evidence of negligence is found. Get started by scheduling a free personalized consultation. Call (408) 289-1417 today.

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