Filing a Personal Injury Claim Against Your Employer

When you get injured at work should you file a worker compensation claim or personal injury claim?
There are many instances in where people can get an illness or suffer serious injuries at work. Sometimes it might just be that the employee wasn’t paying attention and they suffered an injury because of it, or the employer decided to be negligent and not use proper precautions to be sure the employee is out of harm’s way. To get a case you either have to file a worker compensation or personal injury claim. Although both are similar, it’s good to know the differences between each of them and which one you need to file.

Worker Compensation

Worker compensation is when an employee gets paid for an injury that occurred at work and caused them to be unable to work. If you get a work-related illness or injury you have to immediately report the injury or illness to your employer. When you do this your boss or human resources department must provide you with paperwork to fill out. You will explain how, when, and where the injury or illness occurred. ​You must then notify the human resources department and hand them a written notification of the name of the physician or medical group prior to the date of injury. The employer can go to the doctor with you to find out how long you may be out of work and what steps to take in the meantime if you can’t do your job for some time. After you have let your boss know about your work-related injury, they should continue to pay you for the next two weeks.

Personal Injury Claim

A personal injury claim is when you have to prove that your injury wasn’t your fault. If you win the claim, you might be entitled to a monetary settlement. Usually the more serious your personal injuries are the higher your settlement is entitled to because you are technically suffering substantially more from medical expenses, lost income, and other damages. However, the state of California only gives you about two years to file for a personal injury case, if you don’t file for one you are up your luck. The court judge will most likely turn away your case after the two years are over and you will not get any compensation for your injuries.

Which one would be best for you?

If you can prove that your injuries were not your fault during an accident at work, then you can file a personal injury claim. It will come down to the evidence. You must have enough evidence to back your claims for the court to hear your case. A lawyer will give you a much higher chance at winning a personal injury case. If you can’t prove that your injury wasn’t your fault, then you should definitely turn to worker’s compensation. With workers compensation, regardless if it was your fault or not, you’ll have a higher chance of getting a monetary settlement. Be sure to talk to a personal injury lawyer if you have any questions regarding what you should do in terms of the best option for you in your situation.

I want to file a claim what should I do first?

Make sure to preserve your evidence, like we mentioned above evidence will be what ultimately determines the outcome of the case or if a judge will even consider your caser. Make sure take and save photos of the accident, where it happened, and of any immediate injuries. Collect as many names, addresses and phone numbers as you can. File a police report and contact your attorney right away. Your attorney may be able to collect further evidence such as witness statements, security camera footage. Simultaneously make sure get medical treatment and have your doctor keep record and photos of your injury.
If you have suffered an accident or for more information visit​ or contact​ (661) 945-5300.