Rostam Blog

Workers’ Compensation or an Injury Lawsuit?

September 27th, 2022 | By

Los Angeles and San Diego Work Injury Lawyers

When you suffer an injury on the job, your priority should always be getting the medical care you need. However, the next concern is likely how you are going to pay for your medical bills and recover from lost income following your injuries.

Workers’ Comp Benefits

Workers’ compensation is the first type of financial relief you can seek. Workers’ comp is a no-fault system that provides certain benefits to injured workers, regardless of how the accident and injuries happened. Workers’ compensation can provide coverage of:

  • All bills for your injury-related medical treatment, now and in the future
  • A percentage of your lost wages while your injury keeps you out of work, even for the long term

While it is beneficial that workers’ comp is available regardless of fault, these benefits rarely come close to covering all of your losses. This is why you should discuss a possible personal injury lawsuit with an attorney.

Third-Party Claims

In exchange for no-fault benefits under workers’ compensation, the law prohibits you from suing your employer for negligence leading to your accident. However, nothing prevents you from filing claims against other parties that were negligent.

If someone who is not affiliated with your employer caused your accident, you might have a case against them. This might include a negligent driver if you were driving for your job, or an equipment manufacturer who provided you with defective equipment.

In a third-party claim, you can seek compensation for all of your lost wages (not just a percentage) as well as pain and suffering. It is worth it to explore this option after a workplace injury.

Seek Help from Our Los Angeles and San Diego Work Injury Lawyers

Rostam Law assists clients with both workers’ compensation claims and third-party injury claims. Contact us to speak with a San Diego and Los Angeles injury attorney.

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