Most workers’ compensation claims involve only two parties – the employee and the employer. However, if a third party’s negligence causes injuries to the employee, there are other options available to the injured individual. Most common scenarios where this situation arises are when an employee is involved in an auto accident, trucking accident, pedestrian accident, motorcycle accident or construction site accidents.
Contacting an injury lawyer at the early stages of the process is very important.
The workers’ compensation case is handled through the Workers’ Compensation Appeals Board, while the case against the negligent third party is handled in the state superior court. Not only these two cases are handled separately, but also the injured individual is entitled to different benefits and damages under each case.
In a civil case against the negligent third party, the injured individual is entitled to special damages, such as property damage, medical bills, loss of earnings, as well as general damages such as pain and suffering.
However, under the workers’ compensation claim, the injured worker is not entitled to pain and suffering. The benefits are usually limited to medical expenses, temporary disability, mileage allowance to and from medical treatment, and permanent disability. An injured worker has the option to pursue both or any one of the claims.
Please contact one of our experienced California Injury Lawyers immediately after any kind of accident to learn about your rights!