If you are hurt on the job in California, workers’ compensation is usually your main source of benefits from your employer. But workers’ comp was designed as a trade-off, and it does not pay for everything an injury takes from you.
What Workers’ Compensation Covers
Workers’ comp generally pays for medical treatment related to the injury and partial wage replacement while you cannot work, typically about two-thirds of your average weekly wages, subject to state limits. It may also provide permanent disability benefits and supplemental job displacement benefits.
It does not pay for pain and suffering, and wage replacement is usually less than your full earnings. In most cases, you cannot sue your own employer for a workplace injury; workers’ comp is the exclusive remedy against the employer.
Third-Party Claims
If someone other than your employer or a co-worker caused or contributed to your injury, you may be able to bring a separate personal injury claim against that party. A third-party claim can include full lost wages and damages for pain and suffering. Common examples:
- A driver who hits you while you are driving or working on the road for your job
- A general contractor or subcontractor whose unsafe practices cause an injury on a construction site
- The manufacturer of a defective machine, tool, or safety equipment
- A property owner whose dangerous premises injure a worker making a delivery or service call
How the Two Claims Interact
You can usually pursue workers’ comp and a third-party claim at the same time. The workers’ comp carrier may have a right to be reimbursed from the third-party recovery for benefits it paid, so the two claims must be coordinated carefully.
The JVB Law Firm focuses on the third-party side of workplace injuries. If someone outside your employer may be responsible, call for a free consultation.
This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Every case is different; speak with a lawyer about your situation.