When you’re hurt at work, it can have a ripple effect on every part of your life. Being out of work can cause significant financial distress, and if you’re unlucky enough to work in a toxic workplace, you may even feel like your job is at risk. It is crucial that you protect your best interests during this difficult time, and the personal injury lawyers at DeWitt Algorri & Algorri, LLP can help.
The DeWitt, Algorri & Algorri, LLP team has a long list of successful jury verdicts and settlements we’ve secured on behalf of our clients. Our personal injury attorneys, led by Mark S. and Ernest P. Algorri, explore every avenue to advocate for our clients. Call us at 855-WINNING (946-6464) to set up a consultation now.
Can You Sue Your Workplace After an Injury?
The short answer: no. The workers’ compensation system in the United States was developed as a compromise that serves both employees and employers. The benefit for employees is that they do not have to prove negligence in order to claim compensation, and the employers’ benefit is that they are protected from injury-related lawsuits from employees. Workers’ compensation is the sole remedy available to those who are injured at work in California, with very few exceptions. Most workers’ compensation claims go smoothly enough that employees do not need an attorney, but there are situations where a lawyer can help.
However, workers’ compensation has its limits. It doesn’t provide full income replacement, nor does it compensate you for other losses resulting from your injuries. Some injured employees are able to sue another party for their injuries, often with the help of a personal injury attorney.
Third-Party Injuries
If you were injured because of a third party’s negligence, you may pursue a personal injury claim against them for your losses. While you do not need a lawyer to go this route, talking to a personal injury law firm can give you a fair shot at getting the compensation you are owed.
A third party injury is one caused by someone who is not the employee, the employer, or anyone employed at the injured party’s company. For example, if you were working in a warehouse when your coworker drove a forklift into a stack of merchandise that fell on you, you would not have a third party claim. You can’t sue your coworker in most cases in California. On the other hand, if a contractor not employed by your company did the same thing, you may be able to sue them. Similarly, if you are hit by a car while working, suffer a fall on another party’s property, or are otherwise harmed by anyone other than your employer, you may consider a third party claim.
In these situations, it is crucial to connect with a personal injury attorney as soon as possible. These claims are often fairly complex, thanks to the intersection of workers’ compensation and personal injury law, and you don’t want to harm your case unintentionally.
The Role of Workers’ Compensation
When you are pursuing a claim against a third party, you can still file for workers’ compensation benefits if your injury occurred while you were working. However, any benefits paid to you by workers’ compensation will likely be paid back to workers’ compensation out of any settlement you receive. This is known as subrogation. The workers’ compensation insurance company has the right to recover the money they spent on your benefits if a third party was responsible for your injuries. When you begin working with a personal injury lawyer, they will explain this process to you.
Even if what you receive is ultimately paid back, applying for workers’ compensation is still a good idea. There’s no guarantee of success with personal injury claims, and until you receive any compensation you are ultimately awarded, workers’ comp benefits can keep you going.
Start Your Claim With DeWitt Algorri & Algorri
Don’t wait a moment longer to find out if you’re entitled to compensation after a worksite injury. Our personal injury law firm is here to fight for you every step of the way. Schedule your consultation now by contacting us online or calling us at 855-WINNING (946-6464).