Most employers, in California and throughout the country, are required to purchase workers’ compensation insurance that provides benefits to workers who suffer injuries on the job. If a worker is eligible to file a claim, he or she may do so to collect such benefits that typically provide funds to help cover medical costs or replace lost wages during recovery. Some cases, however, involve injuries that lead to personal injury litigation in a civil court when a worker’s injuries were caused by third-party negligence
Types of third-party negligence injuries
There is a limited scope under which a worker who suffers injury can sue an employer or third party for damages. Suing a third party for negligence may be possible in these circumstances:
- Worker suffered injury using machinery that was defective
- Injuries caused by a product that was not properly labeled
- Motor vehicle accident
If a California worker can prove in court that a third party was negligent and that said negligence was a direct cause of injury, then he or she may seek compensation for damages in civil court.
Support is available to help an injured worker explore options
Recovering from a workplace accident can take weeks, even months. In fact, some injuries result in permanent disability that prevents an employee from being able to return to work. Navigating the system can be complex and stressful, which is why it is helpful for an injured worker to enlist support from an attorney who is well-versed in workers’ compensation and third–party negligence laws. A lawyer can help determine a best course of action in a particular set of circumstances.