Workers’ compensation is the primary remedy for those who suffer a workplace injury. Still, there are specific situations where filing a personal injury claim might be more appropriate. While workers’ compensation provides essential benefits for work-related injuries regardless of who caused them, injured victims may benefit from filing personal injury claims because it can offer more comprehensive compensation, including compensation for pain and suffering, emotional distress and loss of enjoyment of life.
Common grounds for a personal injury claim
Here are some common scenarios where a personal injury claim can be appropriate:
Third-party negligence
If your injury was caused by the negligence of a third party (someone other than your employer or a co-worker), you might have grounds for a personal injury lawsuit. For example, if you were injured in a car accident while performing work duties and the other driver was at fault, you could file a personal injury claim against the driver.
Defective products
If your injury was caused by a defective product or piece of equipment, you could file a product liability claim against the manufacturer, distributor or retailer of the defective item. This is common in cases where machinery malfunctions or safety equipment fails.
Intentional acts
If your employer or a co-worker intentionally caused your injury, you can sue outside the workers’ compensation system. Intentional acts include physical assaults or other deliberate actions meant to cause harm.
Lack of workers’ compensation coverage
In rare cases, if your employer does not have workers’ compensation insurance, you may be able to file a personal injury lawsuit directly against your employer. California law requires most employers to carry workers’ compensation insurance, but if they fail to do so, they can be held liable in a civil court.
Toxic substances
If you are exposed to toxic substances at work and suffer an injury or illness as a result, you might be able to file a toxic tort lawsuit. This could be against the manufacturer of the toxic substance or another responsible party.
Not sure what to do?
Determining whether to file a personal injury or workers’ compensation claim can be complex. Consulting with an experienced personal injury attorney can help you understand your options and ensure you pursue the most appropriate course of action.