The New York Times
The Washington Post
USA Today
San Jose Mercury News
CBS This Morning

When Can I Seek Compensation Outside of a Workers’ Compensation Claim?

Worker Falling DownSince 1913, California law requires that all businesses carry workers’ compensation insurance. No matter the size of the operation or whether a worker sustains injury from a one-time accident or repeated work-related exposure, employers must pay for these benefits.

Workers' comp covers many of the costs associated with a work-related injury. The truth is, even after enacting these benefits, injured employees are frequently left with fees unpaid by the insurance company. In some cases, other alternatives earn the required financial coverage necessary.

Workers’ Compensation Rights

Workers’ compensation benefits are available to you regardless of who is at fault — your employer, a co-worker, you, or someone else entirely. Therefore, if you are at work, make a mistake, and cause injuries to yourself, your employer’s insurance benefits may cover your medical costs. These circumstances are the reason for having the benefits. Although likely minimal, the insurance should cover:

  • Medical expenses;
  • Disability compensation;
  • Supplemental job displacement assistance; and
  • Death benefits.
Workplace Injury Claims

Many factors can result in injuries at work, including co-workers’ responsibilities, environmental conditions, and safety regulations. If the injuries you sustained resulted from the negligence of a third party, you might qualify for a personal injury claim. This alternative often covers not only the same claims as workers’ comp, but it also offers the option to claim “pain and suffering.” Choosing to file a personal injury suit does not necessarily mean you are “suing your boss.”

Examples for a third-party claim include:

  • Defective products or tools is a claim against the manufacturer;
  • An injury caused by another third-party that does not work for the company;
  • Toxic substances can hold the manufacturer responsible;
  • Employer’s behavior is intentional and dangerous; and
  • The employer failed to carry workers’ compensation.
What is Best for You?

If you suffered an injury at work, you must tell your employer as soon as possible and seek medical treatment. After that, it is in your best interest to contact a proven San Jose, CA workplace injury attorney. At Corsiglia McMahon & Allard, L.L.P., we understand that there is no “one size fits all” solution. Each case is unique and requires thorough investigation to identify the parties responsible for the incident. We will work to protect your rights and seek to earn you the monetary compensation you need to recover from your injuries fully. Let us help you determine the best course of action. Call us today at (408) 289-1417 to find the answers you need at no cost to you.

Client Reviews
I absolutely cannot speak highly enough of CMA Law, particularly of Mr. McMahon, with whom I have had the most experience. My entire family and I trusted CMA with our case following a significant and life-altering vehicle accident, and to say they delivered is putting it lightly. They were reachable & personable at every stage of this arduous, complex, and scary process, made things easier at every stage, inspired us with confidence, and delivered results. If you're looking for a law firm to place the trust of you in your family in, look absolutely no further than CMA - this is your firm. Declan O.
I suffered a severe spinal injury while working as a farm mechanic in the Salinas Valley. The attorneys -Tim McMahon and Mark Sigala were fantastic from the beginning. They fought for me over 3 long years and in the end, we won a difficult liability case against the farm company who was using dangerous equipment. The defendants in the case tried everything to put the blame on me and even claimed I was their employee in order to avoid civil responsibility. Tim and Mark never gave up on me and my case. I cannot recommend them highly enough. They are fighters. Adrian A.
Best Law Firms
American Board of Trial Advocates
2010 Street Fighter of The Year Award Finalists
Irish Legal 100
The Best Lawyers in America
Santa Clara County Bar
Super Lawyers
The National Trial Lawyers
California Lawyer
Top One
Santa Clara County Trial Lawyers Association
Public Justice Trial Lawyer of The Year