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Legal Options When Worker’s Comp Payments Aren’t Enough

  • Published: September 22, 2017

The bills are piling up. Debt collectors are calling. You and your spouse are constantly on edge. You didn’t ask to be hurt on the job. You work hard–always have–and you give 110 percent to your job. So why is it you are taking the financial hit for a workplace injury?

The article below explains the legal options you may be eligible to pursue when workers’ compensation is not enough. To learn how these options apply to your particular situation, schedule a free consultation with our Glendale workers’ compensation attorneys at KCNS Law Group, LLP by completing a contact form

What Does Workers’ Compensation Cover?

Worker’s compensation is a type of insurance awarded without proving that your employer was at fault. It pays for the following expenses when you are hurt while working:

  • Lost wages
  • Medical bills

However, workers’ compensation only goes so far. While it is tax-free, it is also only 60 percent of what you were making before. Your taxes sure never took up 40 percent of your paycheck. In fact, with kids and other deductions, taxes only took up about 15 percent. So why are you losing money from the very place that caused you injury in the first place?

There Is Good News for Injured Workers in Southern California

There may be other sources of revenue for your injury. One option is a personal injury claim, also known as a third-party liability claim. That is a lawsuit covering liability from a person or company that caused or contributed to your injury due to negligent acts. Personal injury claims frequently result from everyday situations, like, for example, manufacturing defects, other drivers who cause collisions on the road, or other businesses a worker may visit as part of their work duties.  

Keep in mind that workers’ compensation payments are marginal and may not cover the total cost of medical bills and lost wages. Additionally, workers’ compensation payments do not compensate for noneconomic damages, such as pain and suffering and mental anguish. Further, workers’ comp payments do not cover punitive damages, which is compensation intended to punish the defendant for abhorrent behavior. On the other hand, a personal injury claim allows for both non-economic and punitive damages when they apply.

Here are a couple of examples when a personal injury claim applies:

  • Do you drive for work? Whether you are a delivery person, or just doing a quick errand for your boss, if you are on the clock and in a car accident, the other driver and insurance company may be liable for your damages. Similarly, if you were driving and you were in an accident because your sightlines were obstructed by a vehicle, that vehicle’s owner could be liable as well. If that driver was intoxicated, a personal injury claim might allow you to pursue punitive damages to punish that driver for their reckless behavior. 
  • Are you in sales? Do you make visits to other offices? If you were injured at the other office–for example, you fell down some stairs or slipped on a wet floor–that company may be liable. Do you do in-home visits? If the homeowner had un-cleared icy steps and you fell, that homeowner may be liable for your injury.
  • Did work equipment break? If a ladder or chair that you were using at your job breaks and causes injuries, you may be able to pursue a personal injury claim against the product manufacturer. 
  • Did you slip and fall at work? Suppose you fell and injured yourself at work because of a slippery floor in the bathroom, entryway, or another place where there were no warning signs. In that case, you may be able to pursue a personal injury claim against the janitorial service or cleaning company. 

With a personal injury claim, you will have to demonstrate that the third party was negligent and at fault. That involves proving the following elements: 

  1. The third party had a duty of care
  2. That duty of care was breached
  3. That breach of duty caused your injuries
  4. The third party’s actions were the direct cause of your injuries
  5. You suffered losses as a result

KCNS Law Group’s seasoned workers’ comp lawyers can help you understand the details along with the full scope of available options for claiming compensation after suffering an on-the-job injury.

Are There More Ways Someone Could Be Liable?

These are just a few examples of possible financial compensation available to you. Having an attorney in these cases is very important. Simply relying on your company’s lawyer is not enough. It is always imperative that you have someone working on your behalf–and your behalf alone–when you have been hurt. Talking with an attorney is never a bad idea, and there is no cost for the initial visit.

Talk to Skilled Workers’ Comp Lawyers in Glendale for Free Today

Knowing your options for claiming compensation after being injured on the job is essential to obtain the benefits you deserve. While workers’ comp laws are complicated in California, KCNS Law Group’s workers’ compensation attorneys bring over 40 years of combined experience to help you navigate this challenging time. Schedule a free consultation with our skilled legal professionals to evaluate your case and discover each source you may be able to pursue compensation.

To discuss your situation with one of our workers’ comp attorneys, schedule your free consultation by calling (818) 937-9255 or completing a contact form today.

KCNS Law Group LLP

Our client-based approach is concentrated on our commitment to providing individual and strategic representation tailored to our client’s specific needs.

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