When Workers’ Compensation Isn’t Sufficient
California’s workers’ compensation program can be a great help if you are a worker who suffers a serious injury or illness while on the job. Workers’ comp benefits are convenient, but they may not provide enough compensation to allow you to rebuild your life and move forward. In this situation, multiple options could help you achieve the financial recovery you deserve.
Automobile Insurance
If a workplace accident occurs in an automobile, auto insurance may be available to provide supplemental coverage. In California, all drivers must be covered with adequate amounts of liability insurance. You may be able to file an auto accident claim against the at-fault driver or with your employer’s insurance provider in addition to recovering through workers’ compensation.
Disability Benefits
Depending on the nature of your injury or illness, you may qualify for federal disability assistance. This can include Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). These benefits are available to individuals with disabilities that prevent them from working, both temporarily and permanently.
California also offers a statewide disability insurance program that can provide temporary wage replacement if workers’ compensation isn’t enough to make up for income lost due to a disability. Finally, if you have private disability insurance on your own or through your employer, this could provide wage replacement benefits for a short-term or long-term disability.
Third-Party Lawsuit
Once a workers’ compensation settlement offer has been accepted in California, the injured worker cannot sue his or her employer. However, a third-party lawsuit is still available. If someone other than your employer or a coworker caused your work-related injury, you may have grounds to file a third-party claim in pursuit of additional compensation.
If your injuries were caused by a defective product in the workplace, for example, you may be able to receive workers’ compensation insurance coverage as well as file a product liability claim against the manufacturer of the item. A third-party claim could lead to compensation for pain and suffering, 100 percent of your lost wages, past and future medical expenses, and more.
When to Contact a Work Injury Lawyer
The best way to maximize your financial recovery after a work-related injury or illness in California is to consult with an experienced work injury lawyer in Los Angeles right away – before you file a workers’ compensation claim and accept an insurance settlement.
Timing is important, because you may have grounds to file a lawsuit against your employer for negligence, or the failure to take proper care to prevent worker injuries, before receiving workers’ comp. Once you accept an insurance settlement, you can no longer file a lawsuit against your employer.
A work injury attorney can review your case and explore all possible sources of financial compensation, including insurance claims, lawsuits and government benefits. From there, your lawyer can file the necessary paperwork for you and negotiate for maximum compensation on your behalf.
To discuss a recent work injury or illness case with an experienced personal injury attorney in Los Angeles and find out what your options may be if workers’ compensation isn’t sufficient, contact Rose, Klein & Marias LLP to request a free consultation.