Unfortunately, many workplace accidents and injuries occur in Santa Ana, California. When faced with such situations, individuals often find themselves at a crossroads, unsure whether to pursue a personal injury or workers’ compensation claim. Therefore, developing a good understanding of their differences is important for informed decision-making.
In this guide, our seasoned personal injury attorney in Santa Ana will explain the nuances of Workers’ Compensation vs. Personal Injury Claims and discuss the key factors to consider.
Workers’ Compensation Claims
In Santa Ana, as in the rest of California, employers are legally responsible for offering workers’ compensation coverage. It is an insurance type providing wage replacement & medical benefits to employees injured during employment.
Workers’ Compensation Claim Key Aspects
No-Fault System: The Workers’ compensation system in California is no-fault. This means that workers are entitled to benefits regardless of who is at fault for the illness or injury to the victim.
Limited Damages: While workers’ compensation provides benefits for medical expenses & lost wages, it doesn’t cover non-economic damages such as pain and suffering.
Exclusivity: For the most part, employees who accept workers’ compensation benefits can’t sue the employer for additional damages related to workplace injury.
Personal Injury Claims
Personal injury claims may occur when a victim is injured either because of the negligence or intentional actions of another party. These claims seek compensation for various damages, including medical expenses, lost wages, pain and suffering, and other related losses.
Personal Injury Claim Key Aspects
Fault-Based System: Unlike workers’ compensation, personal injury claims are fault-based, meaning the injured party must prove that the defendant’s negligence or wrongdoing caused their injuries.
Comprehensive Damages: Personal injury lawsuits allow for economic and non-economic damages recovery. These comprise medical expenses, lost income, pain and suffering, and emotional distress.
Third-Party Liability: In addition to pursuing claims against negligent employers, personal injury lawsuits may also target third parties whose actions contributed to the injury, such as product manufacturers or property owners.
Decision-Making Considerations in Santa Ana
Here are the factors to consider in Santa Ana when choosing between the two claims:
Nature of Injury: Consider the severity and nature of your injury. While minor workplace injuries may be adequately addressed through workers’ compensation, more serious injuries resulting from negligence may warrant a personal injury claim.
Liability of the Employer: Evaluate whether your employer’s actions or negligence directly contributed to your injury. If so, a claim for workers’ compensation may be appropriate. However, if third-party liability is involved, a personal injury lawsuit may offer additional avenues for compensation.
Legal Representation: Seek guidance from experienced legal professionals familiar with the intricacies of California’s workers’ compensation and personal injury laws. A personal injury attorney in Santa Ana offers invaluable assistance in navigating case complexities and maximizing your potential recovery.
Statute of Limitations: Be mindful of the statutory deadlines for filing claims. The statute of limitations in CA for personal injury claims is two years. It starts from the injury date. In contrast, you have one year to file a compensation claim from the date of your job-related injury or illness.
Your Personal Injury Attorney is Here!
Contact Krolikowski Law today for expert guidance on navigating workers’ compensation and personal injury claims in Santa Ana. Our experienced Santa Ana workman’s compensation attorneys are here to advocate for your rights and maximize your compensation. Don’t wait; schedule your consultation now.
