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Can I File a Personal Injury Claim for My Work Accident?

A work accident can be painful and difficult to overcome, but nearly every employer in California is required to carry workers compensation insurance. If you’re injured in an accident, you should be protected—but what if this coverage isn’t enough or isn’t available?

In these cases, a workers comp claim might not be right for you. While filing a personal injury claim for your work accident does require specific conditions, it’s not impossible. To discuss the details of your case and whether you can file an injury claim, call The Kindley Firm, APC, for help. We’ll get you on the right track to recovery.

What Workers Comp Doesn’t Cover

California workers comp is relatively generous. Whether you’re unable to work for a short period of time, permanently, or in the same position you once held, California has a benefits program to help you through your injuries.

Unfortunately, not every accident is purely physical. After a traumatic event, you could suffer mentally and emotionally, and workers comp doesn’t compensate victims for non-economic damages like pain and suffering. Work comp doesn’t even provide full coverage for your lost income.

You may need to consider another option if you’ve suffered any damages other than minor wage losses and medical bills. Under certain circumstances, a personal injury claim may be your best bet for recovery after an on-the-job injury.  

When to File a Personal Injury Claim After a Work Accident

Workers compensation isn’t just there to protect you from financial suffering after work accidents—it’s there to protect your employer from lawsuits. That means it’s difficult to sue your employer outside of the work comp system.

When successful, a personal injury claim can cover damages your workers comp can’t. The following are all circumstances that could allow you to file a personal injury lawsuit after a workplace injury:

  • Your employer knowingly endangered you.
  • You were exposed to illegal or dangerous chemicals.
  • Legally required safety measures were not put into place.
  • Your employer doesn’t carry workers compensation insurance, which is illegal in California.
  • A defective product injured you.

We Can Help You Choose

In some cases, a workers comp claim can provide most of what you need to recover. However, if you’ve been put in a dangerous, illegal situation or have been injured by a third party other than your employer, you deserve full compensation for every hardship you’ve been forced to endure.

If you’re not sure what your best course of action is, and you’re still wondering whether you can file a personal injury claim for your work accident, call The Kindley Firm, APC. We can assess your case personally and explain your best course of action.

For more information, reach out to us for a free consultation. Call us at 619-550-1313 or fill out the online contact form below.



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