Workplace injuries:

Every year, millions of employees are injured at work .  Many accidents cause serious injuries.  Some even cause death. Employees who are injured on the job are entitled to compensation for their injuries.  Furthermore, when a death occurs, families may receive compensation.

An on-the-job injury occurs when an employee suffers an injury while working.  Depending on the facts of the case, work-related injuries may be covered by workers' compensation laws, by civil tort law, or by both.

Workers’ compensation claims cover nearly all workplace injuries, even when occurring at a work-sponsored event or while on a break. 

Examples of workplace accidents include: (1) Accidents on the job or unsafe working conditions causing physical injuries;  (2) Cumulative trauma / repetitive stress injuries from job functions; (3) Preexisting injuries or health conditions aggravated (made worse) by the job; (4) Long term or frequent exposure to toxic substances at work causing disease; (5) work-related anxiety or stress causing emotional distress and/or physical manifestations.

California workers' compensation laws provide benefits to workers and their dependents when they have suffered injury or death that occur while at work.  Compensation may include medical benefits, loss of income, vocational rehabilitation, permanent disability compensation and death benefits.  

Generally, employees may not sue their employers for injuries sustained on the job. The employee's sole remedy is to pursue a workers' compensation case.  There are a few exceptions to this rule.

Recent changes in California law under the California workers' compensation system have restricted the types and extent of benefits available to injured workers.  These benefits, in cases of serious injuries, may be substantially lower than the injured worker is entitled to under civil tort law.  

However, if an employee sustained an on-the-job injury caused by a third party (i.e., someone other than the employer), the injured employee may sue this other party in civil tort law.  Third party cases typically occur in traffic accidents, construction accidents, defective products, dangerous machinery or equipment, as well as exposure to toxic substances.  

For example, if the person was a truck driver on the job and another truck, bus, or vehicle negligently collides with the truck, the injured employee would have two lawsuits or claims - one for worker's compensation and one for negligence liability against the third party, although both claims do normally overlap to some extent and interrelate.

Notably, third party cases allow compensation for pain and suffering whereas, in most cases, a workers' compensation claim alone does not permit recovery for pain and suffering.  

If you've been fired or discriminated against due to a  work related injury, you may also have a separate lawsuit for discrimination or wrongful termination against your employer.

Matthew B. Tozer offers a free evaluation of serious on-the-job injuries to determine if a third party claims may exist. 

If you have suffered a serious injury while with the scope of your employment, contact an experienced personal injury attorney who will explain to you your rights as the injured victim.   Contact California Christian attorney / Christian lawyer Matthew B. Tozer.