Have you been injured in a construction accident? Were you working when it happened? If so, there may be options available. If you want to take action to get the compensation you’re entitled to, then you’ll need to contact a personal injury attorney right away. At Law Offices of Fernando D. Vargas, we can investigate the details of your injury and your accident and help you make the most informed choice after we present you with options.
What is workers’ compensation?
Most employers in California have workers’ compensation insurance, which is no-fault insurance. There are some people who are likely not covered by a workers’ compensation policy, including workers on farms, contract employees, and day laborers, but most other employees are covered.
Workers compensation offers compensation for a variety of expenses, which may include all past and future medical expenses, lost wages, and additional fees. However, it doesn’t cover noneconomic damages. That said, it can be paid even if you were partially at fault for the accident that led to your injuries.
What is a personal injury case?
A personal injury lawsuit is very different than a workers’ compensation claim. Essentially, it requires someone to be liable for the accident. If someone else was responsible for the accident that led to injuries and / or damages, then you may be entitled to file a personal injury lawsuit to get compensation for a variety of things. This applies even if the “person” responsible for your injury was actually an employer who didn’t provide safe working conditions.
A personal injury suit may pay out for:
- Lost wages.
- Emotional suffering.
- Costs associated with changing your lifestyle.
- Medical expenses.
- Physical pain.
In most cases, the settlement from a personal injury lawsuit will be larger than the settlements offered by workers’ compensation claims. However, it’s important to remember that you can’t file a personal injury case if you’ve already accepted workers’ compensation. For this reason, it’s important to discuss your options with a personal injury attorney before moving forward with either a personal injury case or a workers’ compensation case.
Should you accept workers’ compensation or move forward with a personal injury case?
The answer to this question is not a simple one because there are a lot of variables involved. However, in most cases, if you were partially at fault then a workers’ compensation claim may be best. On the other hand, if the accident was caused directly by the negligence of someone else, then a personal injury claim will likely yield a higher payout.
We have more than two decades of experience helping individuals just like you get the justice you deserve. If we take your case, it will be on a contingency basis, which means we don’t get paid a cent if you don’t recover damages. Our only goal is to help ensure you get every penny you’re owed. Are you ready for your free consultation? Call Law Offices of Fernando D. Vargas today at 909-982-0707 to learn more.
