Unsafe and hazardous situations can be found in nearly any workplace, but some sectors have some of the most terrible working conditions and injuries inevitably do take place. These involve construction sites, factories, and less maintained accidents.
Nearly every day, thousands of American workers come to work not understanding that they are at risk of an accident or injury, much of which they can’t even see. Most of these accidents are almost completely avoidable. Your safety and security in the workplace must be ensured by the employer. California State and federal regulators mandate all companies to maintain a safe work environment for their workers.
If you got injured at a hazardous workplace in California, you have your rights that do exist under personal injury and workers compensation laws.
Pursuing a Personal Injury Claim After a Workplace Injury in California
A worker should always talk to a personal injury attorney at Saldo & Tardiff Law before filing a worker’s compensation claim, only in the event of a personal injury case being the best option. When a worker’s comp case is filed, the worker no longer has the right to sue his employer. Therefore, if their employer refuses their claim or withholds sufficient compensation for the injury of the worker, it is almost impossible to seek the maximum payment.
Personal injury claims encourage you to sue for the compensation you deserve. It also serves as a backup plan if your workers’ compensation claims are denied; yet again, after applying for workers’ compensation, it can be very hard to consider a personal injury claim. Also, claims for personal injuries do not offer a guarantee of compensation.
Workers’ Comp guarantees payment, even though it is less than sufficient, whereas you must win your personal injury case before you obtain any payout at all. You’re not going to get paid if you’re unable to function, and you take the risk of not getting any money if you lose the case. However, with the representation and protection of a professional worker’s comp and personal injury lawyer by your side, you have the best possible chance of winning the money you deserve, whether from a worker’s comp or personal injury lawsuit.
Pursuing a Workers’ Compensation Claim After a Workplace Injury in California
Workers’ compensation is one of the most popular claims after a workplace injury. The advantage of applying for workers’ compensation is that if you are unable to come back to work for some time due to your injury, you will still receive a guaranteed payout during that period. The “safety net” offered by the Workers’ Comp is an opportunity for most employees, giving them a sense of faith in their jobs. However, there are many downsides to the workers’ comp.
In certain cases, employers and their insurance providers are not able to pay for accidents in full. As a consequence, they can try to reduce your payment by manipulating or coercing you into accepting less than full compensation. Also, as soon as you apply for a worker’s comp, you give up the right to sue your employer. That is why it is always in the best interest of workers to seek personal injuries before or instead of workers’ compensation claims.
Consult with an experienced California Personal Injury & California Workers Compensation Attorneys
If you have been injured on the job as a result of someone else’s negligence, you have the right to demand compensation for items like medical costs, missed income, prescription medications, physical treatment, and more under workers’ compensation or personal injury law in California.
At the Tardiff & Saldo Law Offices, our personal injury attorneys and workers compensation attorneys can advise you better the best course of action if you’ve been injured in your workplace, we encourage you to contact us as soon as possible.
Disclaimer: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Tardiff & Saldo Law Offices. or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.