Workplace Accidents Can Result in Multiple Legal Claims

It is important for injured workers to know their legal rights. You have the right to be compensated for injuries and illnesses you sustain while on the job, but it can be difficult to know exactly how to access this compensation. A single workplace accident can result in multiple legal claims. The experienced injury lawyers at Maire and Deedon can help you navigate the claims process to ensure you file all potential claims against all potential defendants. This will help ensure that you do not miss out on any sources of compensation to which you are legally entitled. Learn more about the different types of legal claims that can arise from a workplace accident. 

Workers Compensation Claims

The most common legal claim that injured workers pursue is workers’ compensation. This is because workers’ compensation insurance is intentionally made easy for workers to access after an accident. State legislatures want to make sure that medical bills are paid as soon as possible. Because of this, an injured worker does not have to prove who was at fault for an accident in order to file a workers compensation claim. As long as the injury occurred within the “scope and course of employment,” the employee is eligible for workers’ compensation coverage. 

There is, however, a trade-off. Because workers’ compensation is easier to access, it provides less compensation than other injury claims. Workers’ compensation offers no payment for pain and suffering. It does not even compensate you for the full amount of your lost wages: wages are capped at a set portion of your earnings before the accident. And permanent injuries are compensated under set guidelines for long term disability, meaning that you do not have the opportunity to prove the full value of your projected future losses. For all these reasons, it is important to consult with an injury lawyer to see if you might have additional personal injury claims against other defendants.

Personal Injury Claims

Personal injury claims are based on negligence. If an individual or company was negligent, and this caused you to be injured, then they are legally responsible for compensating the full amount of your losses. This includes pain and suffering, full wages, and the future losses you will suffer as a result of medical bills or being able to return to full-time work. It is more difficult to establish a personal injury claim than a workers compensation claim because the plaintiff must prove that the defendant was at fault. But once this has been done, the defendant is liable for all damages – not just the limited scope of workers compensation coverage.

It is important to understand that you cannot file both a workers compensation and personal injury claim against your employer. With limited exceptions, your exclusive remedy against your employer is the workers’ compensation claim. You can, however, file a personal injury against third parties along with a workers’ compensation claim against your employer. For example, if you are hurt in an accident caused by another driver while driving in a work vehicle, the other driver will likely be liable for your losses. But you are also entitled to workers compensation coverage since your injuries occurred on the job. Situations like these can quickly become complicated, so it is important to be sure that you have an injury lawyer who can protect your right to file both claims. 

Products Liability Claims

The United States has strong consumer protection laws. Any company that manufactures, distributes, or sells consumer products here is subject to strict liability for injuries caused by defective products. This means that the consumer does not have to prove that the manufacturer was negligent. So long as the product was being used as intended, the manufacturer (and distributor or seller) are liable for the injuries it caused. In the workplace, a products liability claim might arise if you were given defective safety equipment or injured by defective machinery.

Experienced Injury Lawyers For All California Workplace Accident Cases

You don’t have to search the internet to find the best injury lawyers in California. The experienced accident attorneys at Maire and Deedon are here to help with any type of work accident case. We have experience handling workers’ compensation claims, negligence claims, products liability claims, and other types of claims that can arise from personal injuries. Call (530) 246-6050 today to schedule your consultation. The sooner you have an experienced California injury lawyer fighting on your side, the better protected your legal rights will be after a workplace accident.

Workplace Accidents Can Result in Multiple Legal Claims

It is important for injured workers to know their legal rights. You have the right to be compensated for injuries and illnesses you sustain while on the job, but it can be difficult to know exactly how to access this compensation. A single workplace accident can result in multiple legal claims. The experienced injury lawyers at Maire and Deedon can help you navigate the claims process to ensure you file all potential claims against all potential defendants. This will help ensure that you do not miss out on any sources of compensation to which you are legally entitled. Learn more about the different types of legal claims that can arise from a workplace accident. 

Workers Compensation Claims

The most common legal claim that injured workers pursue is workers’ compensation. This is because workers’ compensation insurance is intentionally made easy for workers to access after an accident. State legislatures want to make sure that medical bills are paid as soon as possible. Because of this, an injured worker does not have to prove who was at fault for an accident in order to file a workers compensation claim. As long as the injury occurred within the “scope and course of employment,” the employee is eligible for workers’ compensation coverage. 

There is, however, a trade-off. Because workers’ compensation is easier to access, it provides less compensation than other injury claims. Workers’ compensation offers no payment for pain and suffering. It does not even compensate you for the full amount of your lost wages: wages are capped at a set portion of your earnings before the accident. And permanent injuries are compensated under set guidelines for long term disability, meaning that you do not have the opportunity to prove the full value of your projected future losses. For all these reasons, it is important to consult with an injury lawyer to see if you might have additional personal injury claims against other defendants.

Personal Injury Claims

Personal injury claims are based on negligence. If an individual or company was negligent, and this caused you to be injured, then they are legally responsible for compensating the full amount of your losses. This includes pain and suffering, full wages, and the future losses you will suffer as a result of medical bills or being able to return to full-time work. It is more difficult to establish a personal injury claim than a workers compensation claim because the plaintiff must prove that the defendant was at fault. But once this has been done, the defendant is liable for all damages – not just the limited scope of workers compensation coverage.

It is important to understand that you cannot file both a workers compensation and personal injury claim against your employer. With limited exceptions, your exclusive remedy against your employer is the workers’ compensation claim. You can, however, file a personal injury against third parties along with a workers’ compensation claim against your employer. For example, if you are hurt in an accident caused by another driver while driving in a work vehicle, the other driver will likely be liable for your losses. But you are also entitled to workers compensation coverage since your injuries occurred on the job. Situations like these can quickly become complicated, so it is important to be sure that you have an injury lawyer who can protect your right to file both claims. 

Products Liability Claims

The United States has strong consumer protection laws. Any company that manufactures, distributes, or sells consumer products here is subject to strict liability for injuries caused by defective products. This means that the consumer does not have to prove that the manufacturer was negligent. So long as the product was being used as intended, the manufacturer (and distributor or seller) are liable for the injuries it caused. In the workplace, a products liability claim might arise if you were given defective safety equipment or injured by defective machinery.

Experienced Injury Lawyers For All California Workplace Accident Cases

You don’t have to search the internet to find the best injury lawyers in California. The experienced accident attorneys at Maire and Deedon are here to help with any type of work accident case. We have experience handling workers’ compensation claims, negligence claims, products liability claims, and other types of claims that can arise from personal injuries. Call (530) 246-6050 today to schedule your consultation. The sooner you have an experienced California injury lawyer fighting on your side, the better protected your legal rights will be after a workplace accident.