When an employee is injured in a California workplace accident, they will likely miss a substantial amount of work and may have significant medical expenses related to their injury. When it comes to recovering financially for injuries sustained in a California on-the-job accident, injured workers generally have two avenues of recovery: a workers’ compensation claim or a third-party personal injury lawsuit.
A workers’ compensation claim is designed to be a quick and efficient way to get an injured employee compensation for their injuries. The workers’ compensation program is a no-fault program, meaning that an employee does not need to establish that their injury was caused by the negligence of their employer or a fellow employee. However, workers’ compensation claims do not permit the recovery of damages related to an employee’s pain and suffering, which can be considerable.
An injured employee’s other option is to file a third-party personal injury claim against the party responsible for causing their injuries. Injured employees who file third-party injury claims will need to establish that the named defendant was somehow negligent and that the defendant’s negligence was the cause of their injuries. If successful, an injured employee who files a third-party personal injury claim may be entitled to compensation for past and future medical expenses, lost wages, and any pain and suffering that was caused by the accident. In some cases involving “oppression, fraud, or malice,” the injured employee may also be eligible for punitive damages.