- Periodic payment of a sum equal to two-thirds of the injured employees average weekly wages.
- Reasonable medical bills incurred as a result of the injury.
- Permanent partial disability.
Other damages that might be recoverable in a personal injury lawsuit aren’t covered by California workers compensation laws. Here are some of those damages:
- Permanent disfigurement.
- Loss of enjoyment of life.
- Pain and suffering.
On the basis of these additional damages that can be sought, a personal injury lawsuit against a third party is almost always more valuable than a workers’ compensation claim. Read more about Carpenter’s worker’s comp claims here.
You Can Only Have One Recovery
Double dipping by receiving workers’ compensation temporary total disability benefits and lost earnings benefits in a personal injury lawsuit isn’t permitted. California law requires that the employer’s workers’ compensation insurer be reimbursed for the temporary total disability payments that it paid Alan if he is awarded lost earnings in his personal injury case.
Subrogation
That workers’ compensation insurer is also allowed to exercise its right to subrogation. Unless waived or otherwise compromised, all medical bills paid by the workers’ compensation insurer must also be reimbursed along with permanent partial disability payments.
Limited vs. Lifetime
Other than extraordinary cases, what workers’ compensation benefits will pay for and how long those items will be paid for have their limitations. On the other hand, damages awards in personal injury cases can be computed to a victim’s life expectancy. If third party liability exists on a case that would otherwise be limited to the scope of workers’ compensation laws, it’s likely that the victim would come out much farther ahead by bringing a personal injury lawsuit at the same time that workers’ compensation benefits are being received.
Contact a Los Angeles Personal Injury Lawyer
According to Daytona Workers’ compensation Lawyer Keith C. Warnock, construction sites are beehives of dangerous activities. Whether you’re a carpenter, electrician, plumber or sheet metal worker, two claims might arise from a single injury. You might not even know that a viable third party claim exists. When there’s third party liability, California law allows you to pursue both workers’ compensation and personal injury claims simultaneously. Pursuing two is obviously complicated.
Contact us by phone or email on any Los Angeles County construction accident, and you can arrange for a free case consultation and third party case evaluation with us. If we’re retained to represent you, we don’t even get paid any legal fees at all unless we obtain a settlement or verdict for you. Don’t just accept what your employer’s workers’ compensation insurer wants to pay you when other and significantly higher compensation might be available.
