Are You Entitled to More Than Workers’ Compensation for Your Workplace Injury?

When an employee is injured on the job, they have the right to pursue workers’ compensation through their employer’s insurance. Generally, this covers their medical expenses and a portion of their lost wages. Unfortunately, that is about as far as this coverage goes. However, it may not be the only coverage that an injured employee is entitled to receive. Learn more about the different types of compensation that may be available to you after an on-the-job injury.

When someone other than an employer is responsible for an injury, the employee may be entitled to compensation from a third-party. Examples of this type of compensation include defective equipment/machinery claims, toxic substance claims, and auto accident claims. Each of these is handled differently, so it is important to ensure you have an attorney by your side throughout the duration of your case. It is also advised that you examine all viable options, regardless of whether you think you may be eligible for third-party compensation.

Most employers are required to carry workers’ compensation insurance, but there are those who are considered exempt. Further, some employers simply fail to carry the insurance and might be considered in violation of California laws. In either situation, an employee may be entitled to compensation through the Uninsured Employers Benefit Trust Fund. Generally, this provides victims and their families with a higher settlement, but the injured party must also provide evidence of fault or negligence in these claims; such elements are not required in a workers’ compensation claim. As such, victims are highly encouraged to seek legal assistance.

If an employer acts maliciously, egregiously, or with intent, they may be held liable for damages that extend beyond their workers’ compensation. Some examples include physical assault by a supervisor or by order of the employer, failure to provide adequate safety gear, or a violation of safety standards (local, state, or federal). If you believe that you may be entitled to compensation through one of these avenues, it is important that you do not attempt to pursue it alone.

You do not have to face your accident alone. Instead, you can contact Corsiglia, McMahon & Allard, LLP for assistance. Our San Jose work injury lawyers can examine your case to determine if you may be eligible for additional forms of compensation, and we will fight hard to ensure you get the compensation you deserve. Learn more about how we can assist with your work injury case. Call (408) 289-1417 and schedule your personalized consultation today.

• Uninsured Employers Benefits Trust Fund (UEBTF) & Subsequent Injuries Benefits Trust Fund (SIBTF)
• Workers' Compensation Act.