One of the most common examples of a potential dual-claim scenario involves a delivery driver or visitor who causes a worker injury by negligently driving while on the employer’s property or work site.
Workers’ compensation and personal injury incidents involve scenarios in which a person suffers some type of illness or injury as the result of the action or actions of one or more other people. No matter the U.S. state the person lives in, they have a specific amount of time to file a claim to attempt to receive compensation to cover them while they seek diagnosis and treatment and, in cases of extreme injury, rebuild their life.
In California, people injured on or off the job must follow strict deadlines to file their claims. If they fail to do so, they can lose the opportunity and right to receive compensation. Read on to learn more…
What Are the Basic Differences?
All injuries are “personal.” Yet, when a worker suffers illness or injury because of a work-related accident or negligence, they file a claim with their employer instead of speaking with an attorney to acquire compensation via the employer’s California state-required workers’ compensation insurance (i.e., “workers’ comp”). Workers’ comp can help an employee recoup lost wages, pay medical bills, receive physical therapy and vocational rehabilitation, and even receive disability benefits. Types of injuries that may be covered by worker’s compensation include sprains, broken bones, slip and fall injuries, repetitive stress injuries, and illnesses caused from exposure to harmful chemicals. and California offers a “no-fault” claim system for workers’ comp. A worker doesn’t have to prove that their employer or someone associated with the business caused them harm.
When a worker experiences illness or injury from a non-work incident, they pursue their claim through an attorney who must prove that their client has a personal injury case. If the worker receives a positive outcome during a settlement meeting or in court, they receive compensation to help with a wide range of needs, such as lost wages, medical expenses, physical, cognitive and emotional rehabilitation, and even the loss of their quality of life. Unlike with a workers’ compensation claim, they must prove that the other party caused the incident (i.e., “at fault”).
Examples of Each Type of Claim
Workers’ compensation claims cover almost every type of work-related incident, from equipment accidents and slip and falls to “over time” injuries like hearing loss from exposure to one or more loud on-site noises and illness from exposure to pollutants and toxins. Worker’s comp doesn’t usually cover an injured worker’s emotional distress or pain and suffering or any injury that occurred when the worker volunteered on a job site or during an employer-hosted event without pay. Personal injury incidents range from non-work vehicle accidents to product defects. A successful personal injury lawsuit can cover more types of illness and injury outcomes than workers’ compensation.
What Are the Filing Deadlines?
All over the nation, workers and others must file their claims as quickly as possible or risk bypassing legal deadlines under a statute of limitations that outlines a maximum time to file. In California, a worker can officially file their claim with their employer and the workers’ comp insurer within a year of the incident and harm. That said, they must inform both parties of the illness or injury within 30 days. With a personal injury case, their lawyer must file within two years. To give their attorney or law firm enough time to research the case, they must hire a lawyer at least six months before the deadline.
Notable Exceptions
If a worker experiences illness or injury at work from an unrelated third party, they hire an attorney to make a personal injury claim instead of a workers’ compensation one, especially if they need to claim emotional distress or pain and suffering. Of course, the worker might actually make both claims in certain scenarios.
One of the most common examples of a potential dual-claim scenario involves a delivery driver or visitor who causes a worker injury by negligently driving while on the employer’s property or work site. Another scenario might involve a construction site in which a different worker fails to keep out the public and a person unrelated to the employer causes an accident. A professional workers’ compensation expert or a personal injury attorney can help the injured party determine which type of claim to make or if they should file both types.
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