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

Since 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 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.

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.

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.

• Answers to frequently asked questions about workers' compensation for employers
• Workers Compensation