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Work Related Accidents

Work Related Accidents

An on-the-job injury can be:

  • An accident where you're obviously hurt and need medical care
  • A disease which develops later because of your work environment (e.g. cancer from working near asbestos)
  • A condition that gradually develops from continuous trauma or repetitive stress or strain

Depending on the particular circumstances, on-the-job injuries can be covered by Workers' Compensation laws, by tort law or by both. An experienced personal injury attorney can decide on the most productive way to approach your case.

Workers' Compensation in California

Under the California Workers' Compensation laws, your only option is to file a workers' compensation claim for benefits before the Workers' Compensation Appeals Board.

  • These cases are heard and decided upon by an administrative judge
  • No jury is involved

Workers' Compensation laws provide benefits to you and your dependents if you've suffered injury or death because of your work environment.

The compensation may include:

  • Vocational retraining
  • Permanent disability compensation
  • Death benefits

If you've incurred a serious injury, these benefits can easily be much lower than what you'd be entitled to under tort law. But in California, you can't usually sue your employer for on-the-job injuries. Therefore it's a good idea to buy some disability income insurance from a private insurance company.

Tort Law

If your work injury was caused by somebody other than your employer, you can sue this other person (third party) under tort law. Examples of third party situations are:

  • Traffic accidents
  • Defective products
  • Defective equipment
  • Exposure to toxic substances

Contact Thomas D. Lininger & Associates to learn whether your case has the possibility of a third party claim.