Work-Related Injuries
You may be surprised to learn just how prevalent work-related injuries are in California. They occur so frequently that California, like every other state across the country, has a completely separate legal system to address work-related injuries for employees.
What is Workers’ Compensation?
When you work as a traditional W-2 employee in California, whether you are hourly or salary, you will usually be covered by workers’ compensation or “work comp.” This is a type of insurance that your employer purchases at no cost to you. It pays you certain benefits if you are injured on the job. These benefits include things like:
- Medical expenses
- A portion of your lost wages
- Funds for the permanent impairment caused by your injury
- Supplemental job placement benefits
Death benefits for dependents are also available if a worker was killed on the job.
The workers’ compensation system is designed to be “no-fault.” That means that, unlike another type of legal case (like a car accident, bicycle or scooter accident), you do not have to prove that the employer did anything wrong to cause your injury. Instead, if your injury arose in and out of the course of your work, then you should get workers’ compensation benefits.
Limitations and Exceptions of Workers’ Compensation in California
Work comp is limited in a few ways. First, you only get a portion of your wages paid while you are unable to work. Second, you cannot get money damages for your pain and suffering on the job. This limitation is based on the “trade-off” between you and your employer—you do not have to prove wrongdoing, so you do not get these extra benefits.
If you are a traditional employee, you are usually limited to using the workers’ compensation system in California. However, there are a few exceptions to this general rule, including:
- Situations where the employer physically assaults you
- The employer fraudulently conceals the injury
- The employer does not carry workers’ compensation insurance as required by California law
There are a couple of other very limited exceptions as well.
Workers’ Compensation Requirements
Workers’ compensation will cover most work injuries. However, not every accident should be addressed by this legal system. The basic requirements include:
- The injury was work-related (not including travel to and from work, in most cases)
- The injury arose out of you performing duties required of you for your employer.
You may be surprised to learn that injuries that occur while at work-related functions or on breaks may not qualify for workers’ compensation in some cases.
What If I’m Injured as an Independent Contractor?
Not all working circumstances are based on a traditional employee relationship. You may work as an independent contractor, or perhaps you work for a third party that is hired to do a single project for another party. In either case, although you are doing work for someone, you are not considered an employee. As a result, workers’ compensation benefits are not available to you.
Instead, you may be able to start a more traditional (civil) lawsuit against the third-party. For example, if your injury was caused by someone failing to keep a safe work site, then you may have a premises liability (for instance, a slip and fall) claim against that person or company.
Employee Misclassification
Keep in mind that some employers misclassify workers as independent contractors to avoid paying them benefits and minimum wages under both state and federal laws. They also get a tax break for paying you as an independent contractor rather than an employee, too.
You may be legally classified as an employee, even if your employer calls you an independent contractor. If that is the case, your employer may be subject to fines and penalties—and they should pay you workers’ compensation benefits, and probably even more for other wrongdoings.
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What You Need to Know About Third-Party Personal Injuries at Work
Although many workers will use the workers’ compensation system if they are injured at work, there are situations where you should use the regular civil court when you are hurt at work.
In some cases, you are injured at work because of no fault of your own, and it is not your employers’ fault, either. Instead, it could be because of another third-party. Workers’ compensation in California does not limit your right to sue third parties that might be responsible for your work injury. Common examples of this type of situation include:
- Product liability. You are injured by a dangerous product, whether it is from the product itself or the fact that you did not get a warning about a dangerous product.
- Third-party contracting company. Your injured was caused by someone who does not work for the same employer as you, such as a service, maintenance, or cleaning company, for example.
- Premises liability claims. If you travel for work and you were injured on someone else’s property, you might have a claim against the property owner for failing to keep their property safe.
- Car and other vehicle-related accidents. You will still have a legal claim against an at-fault driver in California who caused a motor vehicle accident, even if you were on the clock at the time of the accident.
It can sometimes be difficult to determine what kind of legal action you can take after a work-injury. Keep in mind that the reason the accident occurred will have a big impact on what you can do from a legal perspective. If the reason the accident happened was because of someone or something that is not owned or controlled by your employer, then you likely have a third-party legal claim.
How Can I Get Legal Help After a Work-Related Injury?
Regardless of how you were hurt at work, talking to an experienced California attorney about your injury is a good idea. He or she can walk you through your options based on your unique situation. Perhaps you can use the workers’ compensation system, or maybe you need to start a more traditional civil case with a personal injury lawyer.
Getting the right advice can help you get the compensation you deserve after a workplace accident. Contact us to learn more.
