Workers’ Comp, Personal Injury, or Both?

Getting hurt on the job can be tough, and figuring out what to do next can feel overwhelming. You might wonder if you need a workers’ compensation lawyer or a personal injury attorney. Here, we’ll break down the different scenarios.

Workers’ Compensation: What You Need to Know

When you get injured at work, you might be eligible for workers’ compensation benefits. But what exactly does that mean? Well, in California, there are two main types of workplace injuries: specific injury and cumulative trauma.

• Specific Injury: This happens when you get hurt because of one incident at work, like slipping and falling. If it happens while you’re working, you can file a workers’ comp claim.
• Cumulative Trauma: Sometimes, injuries happen over time because of repetitive tasks. For example, if you develop pain from doing the same thing over and over again at work, that could be considered cumulative trauma.

Workers’ compensation benefits apply regardless of who is at fault. It does not matter whether you injured yourself or someone else injured you. As long as your injury arises out of your employment, then you are entitled to benefits. The benefits are processed through the California Workers’ Compensation Appeals Board (WCAB).

Personal Injury: When Someone Else Is at Fault

Now, let’s talk about personal injury claims. These come into play when someone else’s negligence causes your injury. It doesn’t matter if you were working or not—what matters is that someone else’s actions led to your injury. For example, if a driver runs a red light and hits you while you’re crossing the street, that’s a personal injury situation.

When Both Apply: Understanding Dual Claims

Sometimes, both workers’ comp and personal injury claims can apply. This happens when someone else’s actions cause your work-related injury. For instance, imagine you’re a carpenter working with a concrete pump, and it malfunctions because the operator wasn’t careful. In this case, you can file for workers’ comp because you were hurt on the job. But but you might also have a personal injury claim against the operator for their negligence.

More specifically, both workers compensation and personal injury claims arise when someone else was negligent. Negligence is a legal concept that refers to the failure to take reasonable care or to act with the level of caution that a prudent person would exercise in similar circumstances. In simpler terms, it’s the failure to do something a reasonable person would do, or doing something a reasonable person wouldn’t do, which results in harm or damage to another person or their property.

Negligence can occur in various situations, such as car accidents, medical malpractice, slip and fall incidents, and product liability cases. To prove negligence in a legal context, certain elements typically need to be established, including the existence of a duty of care, a breach of that duty, causation (the breach directly caused harm), and damages (actual harm or loss suffered as a result). Understanding negligence is crucial in personal injury law because it forms the basis for holding individuals or entities accountable for the harm they cause due to their carelessness or recklessness.

Fault Matters: The Key Differences

One big difference between workers’ comp and personal injury claims is fault. In workers’ comp, it doesn’t matter who caused the injury—you can still get benefits. But in personal injury cases, you have to prove that someone else was at fault for your injury.

Paying for Workers Comp or Personal Injury Lawyer

If you’re injured at work, it’s essential to get legal help. The process can be confusing, but you don’t have to go through it alone. A workers’ comp or personal injury attorney can review your case and help you understand your options.

Contingency fees are a standard practice in both workers’ compensation and personal injury cases. With this fee arrangement, clients are not required to pay their attorney upfront. Instead, the attorney’s fee is contingent upon the successful resolution of the case. In workers’ compensation matters, this system allows injured workers to pursue their claims without worrying about immediate financial strain, particularly concerning medical expenses and lost wages. Similarly, in personal injury cases, contingency fees provide individuals with the opportunity to seek compensation without upfront costs. This fee structure ensures that attorneys are motivated to work diligently on behalf of their clients to achieve a positive outcome. Overall, contingency fees play a vital role in making legal representation accessible to individuals regardless of their financial circumstances.

Contact Anderson Franco, Esq.

Anderson Franco is a skilled attorney who’s helped many people with their personal injury and workers’ comp crossover claims in California. Whether you’re dealing with a workplace injury or another accident, Anderson Franco can provide the guidance you need to seek compensation for your injuries.