A California Workers’ Compensation Attorney Will Make Sure You Receive the Maximum Amount of Benefits You Are Entitled To
The roads of California can be a dangerous place, especially in large cities and heavily populated areas, where traffic regularly causes dangerous conditions. When an employee is injured in a car or truck accident while on the clock, or in certain situations when driving to or from work, the employee will have a viable workers’ compensation claim.
Common occupations more at risk include:
- Truck drivers.
- Delivery drivers.
- Traveling salespeople.
- Bus drivers.
- Shuttle drivers.
- Tow truck drivers.
- Dump truck drivers.
Generally, when an employee is injured at work in California, their only option is to file a workers’ compensation claim. Workers’ compensation is the injured worker’s ‘exclusive remedy’ under state law, which means that injured workers are usually limited to filing a WC claim in the state’s administrative law court, the Workers’ Compensation Appeals Board, that adjudicates WC claims only. However, injured workers are usually barred from filing a personal injury claim in civil court by the ‘exclusive remedy’ rule.
However, there are special circumstances where an injured worker may file BOTH a WC claim and a personal injury/negligence claim in civil court. More specifically, an injured worker may file both worker’s compensation and civil claims when an intervening negligent third party causes or contributes to causing the employee’s injuries. In these situations, it’s important to have a California industrial injury attorney on your side who can recognize a third-party civil law claim exists and is an available remedy because there are damages that can be awarded in the civil claim that are not otherwise available in the WC claim.
Industrial motor vehicle accidents are the most common example of where these special circumstances may allow both claims to exist. When an employee is injured in an automobile accident while driving on a job, the employer remains liable. However, if the accident was partially or wholly caused by a negligent third party, then the injured worker can also file a civil claim for personal injury/negligence against that third party as well. Not only can the injured worker seek damages from the negligent third party that are not otherwise available in the WC claim, but the employers’ insurance company can also seek contribution from the negligent third party for the portion of damages they have become liable for as the result of the negligent third party’s actions. Subsequently, there can be an overlap between damages from each type of case, and credit issues can arise between the two cases. The California worker’s compensation attorneys at Nyman Turkish are well-versed in these matters and dedicated to helping our clients navigate the interplay of these cases to ensure our clients are awarded the maximum possible benefits.
Need Assistance From a California Industrial Injury Attorney? Call Today for a FREE CONSULTATION
Are you an industrial worker in the state of California who was injured on the clock? If so, call Nyman Turkish today for a FREE CONSULTATION. Let us use our experience to help you obtain the compensation you deserve for the injuries you sustained. Our Firm offers a NO FEE GUARANTEE, so you have nothing to lose by contacting a California industrial injury attorney at Nyman Turkish today for assistance with your Workers’ Compensation claim.