Workers’ Comp Versus Third-Party Litigation
Under state law, everyone who is formally classified as an employee or who legally qualifies as one based on the nature of their work should have access to workers’ compensation insurance coverage through their employer. If a work-related injury or illness occurs, workers’ comp should provide reimbursement for all reasonable medical expenses and for a substantial portion of lost wages on a fault-free basis. However, you cannot sue your employer directly over a work injury if they already provide you workers’ comp coverage.
If you can trace your accident back to the negligence of someone other than your employer or if you were hurt because of a serious defect in a tool or piece of equipment being used on-site, you may be able to seek additional restitution through a third-party lawsuit. As our Bakersfield construction injury attorney could explain, this could allow recovery for various damages that workers’ comp does not cover, including personal property damage, physical pain, and psychological distress.
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