Posted in Workers' Compensation on November 17, 2022
If you or somebody you care about has sustained a slip and fall injury at work in California, there is a good chance you will need compensation for medical bills and maybe even lost wages if you are unable to work. Most California employees are able to recover workers’ compensation in these situations, but it may also be possible to file a third-party personal injury lawsuit against an at-fault individual or entity. A Long Beach workers’ compensation attorney can help you.
Why is Workers’ Compensation Typically the Only Recovery Route?
California has very stringent workers’ compensation laws. Just about every employer is required to carry workers’ comp insurance for their employees, and this is the main route towards recovering compensation after a slip and fall injury in the workplace.
Some people do not realize that the workers’ compensation insurance system in California is a no-fault system. This means that workers can recover compensation regardless of who caused the injury. However, this also typically means that the injured worker is not able to file a personal injury lawsuit against the alleged negligent party. This works as a sort of protection for the employer from lawsuits after every single work injury occurs.
When is a Third Party Lawsuit Applicable?
There are times when a third-party personal injury lawsuit may be applicable against an employer or some other party that caused the injury. Some of these instances include cases where the employer failed to carry workers’ compensation insurance for their employees.
Additionally, in the event it is discovered that the employer intentionally caused a situation that led to the slip and fall injury arising or situations where the employer knew about a hazardous condition but failed to take steps to remedy it, it may also be possible to file a personal injury lawsuit against the employer.
The most common situation where third-party lawsuits become an option is when a party other than the employer or a coworker causes the slip and fall injury. For example, suppose the construction worker is employed by a construction company at a work site. However, let us also imagine that a plumbing contractor comes to the job site to install piping. If the plumber, who does not work for the employer, leaves a slip and fall hazard that causes an injury to another, they could face a third-party lawsuit filed by the injury victim.
Types of Compensation Available for a Slip and Fall Injury
If you or somebody you care about has been injured in a workplace setting fall incident, there may be various types of compensation you can receive for your injuries. If your claim is resolved through workers’ compensation coverage, you will receive complete coverage for your medical bills and possibly a portion of your lost wages if you are unable to work (typically up to 2/3 of the average weekly wage before the injury occurred).
If you have a viable third-party personal injury lawsuit and this lawsuit is successful, you may be able to recover additional types of coverage. This would include the medical bills, total recovery of lost wages, recovery of various out-of-pocket expenses, and even compensation for pain and suffering damages.
If you have been injured in a slip and fall workplace incident, we encourage you to reach out to a skilled work injury lawyer who specializes in slip and fall cases, and can walk you through your options and help you recover the compensation you need.