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Workplace Injuries: Suing Outside of Workers’ Compensation Claims

If you have been injured at work, you probably have the misconception that the only restitution you can receive will be derived from your employer’s workers’ compensation protection. While this is typically the case, there are in fact many exceptions to this. There are certain elements that may have transpired at the time of your injuries that may allow you to sue for the damages you sustained outside of your employer’s workers’ compensation coverages. Ultimately, workers’ compensation protections are not the only methods of seeking restitution for your workplace injuries.

The following is a limited list of a few elements that may allow you to seek restitution outside your employer’s workers’ compensation insurance carrier.

  • Being injured by a faulty tool or product at work can allow you to bring forth a products liability suit against the manufacturer of the tool.
  • In the event that you were injured by the use of a toxic product, you could have the opportunity to bring forth toxic or poisonous tort claim against the manufacturer of that toxic substance.
  • If you suffered injuries at work because of your employer’s negligence, you can file a personal injury claim against that employer.
  • In the event in which your employer does not have workers’ compensation insurance coverages, you have the right to sue that employer in a civil court in an effort to collect the restitution you deserve.

The Incompleteness of Workers’ Compensation Benefits

While workers’ compensation insurance can provide you with a form of restitution for your injuries, certain payouts and other benefits are frequently low and will sometimes not compensate you for things such as pain and/or suffering.

Further, workers’ compensation will not provide you with punitive damages, which are served to punish the negligent employer for his or her poor management. Because of this incompetence, it is important that you understand that you could have the right to file a claim separate from the workers’ compensation process.

Seeking Restitution in Outside Areas

If the injuries you have sustained at work have been the cause of a disability, you may be able to seek benefits from the SSDI, also known as the Social Security Disability Insurance. This can be an effective method of seeking assistance in the event that you can no longer work due to the severity of your injuries.

Being Injured by Cause of a Faulty Product or Toxic Substance

Manufacturing companies can be held responsible for injuries you sustained due to the use of their faulty equipment or harmful chemicals in their products. If there was a lack of warning labels or a failure to detect a defective part of a product, manufacturing companies could be held liable for their part of the incident. In the event that your claim was successful against the manufacturing company, the company could compensate you for all of your medical expenses, any lost wages due to your inability to work, as well as compensate you for any pain and suffering you sustained from the injuries.

You Have Options

Law Offices of Justin King : Workplace Injuries: Suing Outside of Workers' Compensation Claims : If you have been injured at work, you probably have the misconception that the only restitution you can receive will be derived from your employer’s workers' compensation protection. While this is typically the case, there are in fact many exceptions to this. There are certain elements that may have transpired at the time of your injuries that may allow you to sue for the damages you sustained outside of your employer’s workers’ compensation coverages. Ultimately, workers’ compensation protections are not the only methods of seeking restitution for your workplace injuries.If you have been injured at work, know that seeking compensation from your employer’s workers’ compensation insurer is not the only option you have. You can obtain restitution for the injuries you received from other venues so as long as the elements of your injury allow it. Seeking to file a claim for your injuries can be a stressful matter, hiring a professional attorney can help you win your case and obtain the compensation you are owed.

Transcript: My name’s Justin King and I’m a personal injury lawyer here in the Inland Empire. I want to talk to you briefly about the difference between a workers’ compensation claim and a personal injury lawsuit. If you’re injured on the job, you can not sue your employer in a civil case. You are limited to a claim under the workers’ compensation system, under their workers’ compensation insurance. That workers’ compensation claim is capped.

There are certain ground rules and a certain amount of money based on your disability level that you will get paid out for that claim. And you are entitled to get workers’ compensation benefits whether you’re at fault for your injury, whether someone else is at fault for your injury, or whether it was just simply an accident. As long as you are hurt on the job, you can get compensated from the workers’ compensation system. But like I said, the damages that you can get under the workers’ compensation system are capped and they’re not gonna fully compensate you for the injuries that you suffered in the accident. But don’t just assume that if you were injured on the job that you’re limited to the workers’ compensation system.

You may have another claim if someone else is responsible, like another company that was working with your employer on a job site actually caused your injury. If it was maybe a product that was defective that caused your injury while you were at work. Or if it was a dangerous condition of property that you encountered while you worked that caused your injury.

Those types of things can make another third party responsible for what happened to you and you can pursue that third party in a civil law suit which allows you to get fully compensated for your injuries and have all of your damages on the table. So if you were injured on the job, don’t just assume that you’re limited to a workers’ compensation claim.

Please contact a personal injury lawyer. Let them look at the facts, let them look at the information and let you know if you potentially have a claim against a third party. If you have any other questions, please go to my website or feel free to contact my office.

Categories : Workplace Accidents

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5.0
Based on 46 reviews
powered by Google
CR
17:05 25 Oct 24
Thank you so much to Oliver King and Garrett Tuckerman for helping me with my case. They've been outstanding. Although the process was overwhelming, I felt reassured, supported, and listened to. I highly recommend the Law offices of Justin King to anyone who needs help.
Savana Martinez
18:30 04 Sep 24
The team at Law Office of Justin King went above and beyond with my case.It was my first big automobile accident while being 6 months pregnant and I was terrified. I called them the same day and they took on my case immediately.Throughout the whole process they were communicative and on top of everything. I would recommend to everyone and would go back to them again if need be.Thank you to this amazingly firm !
Hate Nine
06:01 04 Sep 24
Wow! I can't say enough good things about the Law Offices of Justin King. Attitude starts at the top, & this firm is top tier. They represented me (& yes we won!) for an injury I sustained while riding my motorcycle westbound on the 10. Someone changed lanes without looking, which resulted in a knee injury, a lot of physical therapy, & a totaled motorcycle. I wasn't sure what to do or if this were even something worth pursuing. I found Justin's webpage & sent a quick message to him on a Saturday night then thought nothing of it. My first call from Justin was Sunday morning. I was immediately impressed. After hearing a bit of my story & asking a few questions I was ready to have Justin represent me. My first question was "How much do I need to come up with to get this started? Justin replied, you don't owe anything until we win. Not unless, until. That set the tone of the next 2 years of my life. As your case progresses it'll require work from you & a whole team working to represent you. Staci will call & let you know she's emailing documents that require signatures; Garrett will call to ask for details they need to understand & yes, he will call to remind you that you forgot to sign a document 3 days earlier. These are great people who genuinely care. They will take time to understand your needs & they communicate every step of the way. If you are injured, you need to call Justin & his team right away. You will not be disappointed!Google only allows 5 stars, but these guys deserve 10!
Vivian Garcia
01:00 15 Aug 24
I was involved in my first big automobile accident last year, in Yorba Linda. I was a bit overwhelmed as you can imagine. Friends suggested that I hire an attorney to handle my case and I was not quite sure how to proceed. I was very fortunate when I was referred to Justin King’s office.I met with Mr. King and found him to be very personable and he listened to my concerns. I felt very comfortable and confident that he would help me in getting a fair outcome to my case.I want to also thank Garrett Tuckerman for all he did in keeping me updated with everything going on with my case and for being there whenever I had any questions or concerns. I also want to mention Leoni Barrera who was always pleasant and supportive when I called.I highly recommend The Law Offices of Justin H. King for your personal injury needs. I feel that Mr. King and his whole staff, with their knowledge, expertise and professionalism will help make your experience a less stressful one.
Lisa Perchez
21:53 29 Jul 24
Last July I was struck by a falling case of liquor at Total Wine in Rancho Cucamonga which led to a slip and fall. My friends and family urged me to contact a lawyer after discovering I needed surgery to repair my broken wrist. A friend found Justin King on Google. Justin was compassionate, accessible, and took charge from the very first meeting. He was able to obtain the surveillance video capturing the entire incident, and made an appointment for me to see a prominent neurologist after the video showed the case struck the front of my head. The entire staff at The Law Offices of Justin H. King were very easy to work with, and I always felt like my case was getting personal attention. Thank you Garrett, Staci, and Leoni! My case went to mediation and settled for more than 3x what they originally offered. If you have been injured in an accident, I highly recommend The Law Offices of Justin H. King.
Leslie S.
18:26 13 Jul 24
I want to thank Justin and his amazing office. They made a very traumatic/ nightmare of a situation into a more bearable situation every step of the way. They kept us updated and we were reassured that we were in good hands. I want to also express my gratitude to Garrett for being so empathic and supportive through the ups and downs that comes with a case. We are so blessed to have had them handle our case. I would recommend them to anyone who is looking for a professional and dependable office. Thank you again Justin King Office!!!
Melinda Jordan
09:02 18 Dec 22
I went from feeling like a basket case from all the stress to feeling calm and collected after talking to Justin. He is a phenomenal personal injury lawyer and is a truly calming and reassuring presence. This firm helped me in ways I can't even adequately put into words, other than to say Thank You, Justin, to you and your awesome team.
Marjorie Harris
04:14 18 Dec 22
After an auto accident, I felt really nervous calling an attorney because I had never worked with one before. But from the first conversation I had with Jessica, I felt so at ease. Justin then called me and was so easy going and we had a nice conversation too. The entire staff took great care of me and I am very happy.
Sheila Hughes
03:45 18 Dec 22
I was in a car accident that was not my fault two years ago. A friend of mine had a family member who had been helped in the past by Justin King, and they suggested I call him. I'm so glad I did! Justin and his team took great care of my situation and got a great settlement for me. I highly recommend them if you have been in an accident. You will be very happy with what this firm. They are smart, hard-working, honest, and take great care of their clients.
Margaret James
04:43 01 Dec 22
Justin's entire staff is the best car accident lawyer team in Rancho Cucamonga. Justin, Oliver, Jessica, and Garrett all provided me with excellent service and treated me like family. They are all such great people, and always so honest and responsive to me. I gladly recommend them to anyone needing the services of a car accident lawyer in the Inland Empire.
Wm Holland
06:13 17 Nov 22
When I needed a lawyer following a car accident on the Interstate 15 Freeway in Rancho Cucamonga, Justin King, and his team were there for me. I appreciated how his entire staff always seemed happy to answer my questions and were so good about returning all my phone calls and emails. I could tell this firm has immense experience in helping people get their life back after an unfortunate car crash. I was so happy with the outcome of my case and the results Justin obtained from the insurance company on my behalf. I have recommended their office to all my family members and neighbors. I hope you never need to call them. But if you need the best car accident lawyers, I can vouch that they are excellent.
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5.0
Based on 46 reviews
powered by Google
CR
17:05 25 Oct 24
Thank you so much to Oliver King and Garrett Tuckerman for helping me with my case. They've been outstanding. Although the process was overwhelming, I felt reassured, supported, and listened to. I highly recommend the Law offices of Justin King to anyone who needs help.
Savana Martinez
18:30 04 Sep 24
The team at Law Office of Justin King went above and beyond with my case.It was my first big automobile accident while being 6 months pregnant and I was terrified. I called them the same day and they took on my case immediately.Throughout the whole process they were communicative and on top of everything. I would recommend to everyone and would go back to them again if need be.Thank you to this amazingly firm !
Hate Nine
06:01 04 Sep 24
Wow! I can't say enough good things about the Law Offices of Justin King. Attitude starts at the top, & this firm is top tier. They represented me (& yes we won!) for an injury I sustained while riding my motorcycle westbound on the 10. Someone changed lanes without looking, which resulted in a knee injury, a lot of physical therapy, & a totaled motorcycle. I wasn't sure what to do or if this were even something worth pursuing. I found Justin's webpage & sent a quick message to him on a Saturday night then thought nothing of it. My first call from Justin was Sunday morning. I was immediately impressed. After hearing a bit of my story & asking a few questions I was ready to have Justin represent me. My first question was "How much do I need to come up with to get this started? Justin replied, you don't owe anything until we win. Not unless, until. That set the tone of the next 2 years of my life. As your case progresses it'll require work from you & a whole team working to represent you. Staci will call & let you know she's emailing documents that require signatures; Garrett will call to ask for details they need to understand & yes, he will call to remind you that you forgot to sign a document 3 days earlier. These are great people who genuinely care. They will take time to understand your needs & they communicate every step of the way. If you are injured, you need to call Justin & his team right away. You will not be disappointed!Google only allows 5 stars, but these guys deserve 10!
Vivian Garcia
01:00 15 Aug 24
I was involved in my first big automobile accident last year, in Yorba Linda. I was a bit overwhelmed as you can imagine. Friends suggested that I hire an attorney to handle my case and I was not quite sure how to proceed. I was very fortunate when I was referred to Justin King’s office.I met with Mr. King and found him to be very personable and he listened to my concerns. I felt very comfortable and confident that he would help me in getting a fair outcome to my case.I want to also thank Garrett Tuckerman for all he did in keeping me updated with everything going on with my case and for being there whenever I had any questions or concerns. I also want to mention Leoni Barrera who was always pleasant and supportive when I called.I highly recommend The Law Offices of Justin H. King for your personal injury needs. I feel that Mr. King and his whole staff, with their knowledge, expertise and professionalism will help make your experience a less stressful one.
Lisa Perchez
21:53 29 Jul 24
Last July I was struck by a falling case of liquor at Total Wine in Rancho Cucamonga which led to a slip and fall. My friends and family urged me to contact a lawyer after discovering I needed surgery to repair my broken wrist. A friend found Justin King on Google. Justin was compassionate, accessible, and took charge from the very first meeting. He was able to obtain the surveillance video capturing the entire incident, and made an appointment for me to see a prominent neurologist after the video showed the case struck the front of my head. The entire staff at The Law Offices of Justin H. King were very easy to work with, and I always felt like my case was getting personal attention. Thank you Garrett, Staci, and Leoni! My case went to mediation and settled for more than 3x what they originally offered. If you have been injured in an accident, I highly recommend The Law Offices of Justin H. King.
Leslie S.
18:26 13 Jul 24
I want to thank Justin and his amazing office. They made a very traumatic/ nightmare of a situation into a more bearable situation every step of the way. They kept us updated and we were reassured that we were in good hands. I want to also express my gratitude to Garrett for being so empathic and supportive through the ups and downs that comes with a case. We are so blessed to have had them handle our case. I would recommend them to anyone who is looking for a professional and dependable office. Thank you again Justin King Office!!!
Melinda Jordan
09:02 18 Dec 22
I went from feeling like a basket case from all the stress to feeling calm and collected after talking to Justin. He is a phenomenal personal injury lawyer and is a truly calming and reassuring presence. This firm helped me in ways I can't even adequately put into words, other than to say Thank You, Justin, to you and your awesome team.
Marjorie Harris
04:14 18 Dec 22
After an auto accident, I felt really nervous calling an attorney because I had never worked with one before. But from the first conversation I had with Jessica, I felt so at ease. Justin then called me and was so easy going and we had a nice conversation too. The entire staff took great care of me and I am very happy.
Sheila Hughes
03:45 18 Dec 22
I was in a car accident that was not my fault two years ago. A friend of mine had a family member who had been helped in the past by Justin King, and they suggested I call him. I'm so glad I did! Justin and his team took great care of my situation and got a great settlement for me. I highly recommend them if you have been in an accident. You will be very happy with what this firm. They are smart, hard-working, honest, and take great care of their clients.
Margaret James
04:43 01 Dec 22
Justin's entire staff is the best car accident lawyer team in Rancho Cucamonga. Justin, Oliver, Jessica, and Garrett all provided me with excellent service and treated me like family. They are all such great people, and always so honest and responsive to me. I gladly recommend them to anyone needing the services of a car accident lawyer in the Inland Empire.
Wm Holland
06:13 17 Nov 22
When I needed a lawyer following a car accident on the Interstate 15 Freeway in Rancho Cucamonga, Justin King, and his team were there for me. I appreciated how his entire staff always seemed happy to answer my questions and were so good about returning all my phone calls and emails. I could tell this firm has immense experience in helping people get their life back after an unfortunate car crash. I was so happy with the outcome of my case and the results Justin obtained from the insurance company on my behalf. I have recommended their office to all my family members and neighbors. I hope you never need to call them. But if you need the best car accident lawyers, I can vouch that they are excellent.
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