What If Workers’ Compensation Is Not Enough?

If you are injured while at work, your employer probably carries workers’ compensation coverage to help you pay for your medical expenses. But, what happens if the benefits offered to you by your workplace does not cover all of the costs associated with the injury?

Workers’ compensation is primarily intended to help employees cover their medical bills and recover their lost wages, but the amount of compensation an injured person receives can vary dramatically. Payouts under workers’ compensation are usually calculated based on the employer’s compensation policy and severity of the injury in question. However, there are some circumstances in which the employer or a third party can be sued, which, as you might expect, depends on the circumstances of each case. An experienced attorney can help you understand your options.

Workers' compensation benefits are generally paid out to injured employees regardless of whose fault the accident was. However, if a third party’s negligence—meaning negligence by someone who is not your employer or coworker—caused your injuries, then a lawsuit may be appropriate. Suing the negligent third party can help you receive financial compensation in addition to workers’ compensation.

An example of this process often happens with construction workers who may interact with various third parties such as contractors and subcontractors. If one of these people is negligent in a way which causes the construction worker injury, the construction company is not at fault for that.

It is also important to recognize that workers’ compensation benefits are limited to measurable losses such as medical bills and lost wages. While these are certainly important, workers’ compensation coverage gives no consideration to more abstract losses, such as the victim’s pain and suffering, decreased quality of life, or permanent scarring and disfigurement. These “noneconomic damages”—as they are called—may be available in a third-party lawsuit, even if a victim has already collected workers’ compensation benefits.

The law firm of Corsiglia McMahon & Allard, L.L.P. knows that getting hurt on the job can be devastating, and you deserve to be compensated for your losses. Our personal injury attorneys are highly experienced in assisting clients with personal injury claims for workplace injuries, and we are dedicated to getting our clients the compensation they need to have the quality of life they enjoyed before the injury. We will thoroughly examine the circumstances of your accident and identify and any possible legal routes to pursue compensation. If you believe you may have a third-party claim for a workplace injury, contact one of our skilled San Jose workplace accident lawyers. Call us at (408) 289-1417 to schedule a free consultation.

• Workers' Compensation in California: A Guidebook for Injured Workers