Fox40 is reporting that a landscaping worker was hit and killed along Del Paso Road last week. Sacramento police responded to a report of a truck crash around 11 a.m. However, when they arrived, they discovered a truck had struck a person, a tree, and a pole. The driver of the truck was transported to the hospital with serious injuries. Charges had not been filed at the time of the new report because the accident was still under investigation.
Wrongful Death Claim or Workers’ Comp Claim
This case is an example of a claim that could be filed under California’s workers’ compensation laws or California’s wrongful death laws. Typically, when you are injured on the job, your only recourse is to file a workers’ comp claim. The workers’ compensation laws in California state the only recourse for an injured worker is through filing a workers’ comp claim. The system provides medical care even if the employee was responsible for the accident, provided the accident occurred on the job. An employee can rarely sue an employer for a workplace accident.
However, an employee or his family can sue a third party if that party is responsible for the accident. In the tragic accident above, the landscaper’s family may have a wrongful death claim against the truck’s driver. Whether a valid claim exists depends on the facts of the case. An experienced California wrongful death attorney should be consulted.
Why Should I File a Personal Injury Claim If I Am Hurt at Work?
Many people don’t understand they may have a third-party claim if they are injured at work. However, a third-party claim can result in substantially more compensation compared to a workers’ comp claim.
Workers’ compensation only provides reimbursement for a portion of an injured worker’s lost wages. In addition, there are not provisions for compensation for physical pain and emotional suffering under workers’ compensation laws. The amount paid for a permanent disability may be limited under workers’ comp in some cases.
In a personal injury claim, you can receive full compensation for all lost wages and loss of earning capacity. You can also receive compensation for your pain and suffering. Therefore, the settlement of a personal injury claim can be much larger than a workers’ comp claim for an injured worker.
It is important for an injured worker to seek legal advice from an experienced Sacramento personal injury attorney if the worker believes there are any third parties responsible for the accident. It could mean the difference between a large settlement and a settlement that only reimburses the worker for a portion of his or her damages.
Call a Sacramento Personal Injury Attorney for a Free Appointment
For a free consultation, call the Tiemann Law Firm at (916) 999-9000 or visit our website. Our law firm serves clients in Sacramento, Folsom, Roseville, El Dorado Hills and other communities in the greater Sacramento area. Since your first visit is free, you have nothing to lose by consulting with an experienced Sacramento accident attorney, but you may have a great deal to gain.
“Landscaper Hit, Killed in Crash Along Del Paso Road,” by Ian McDonald, Fox40 News, March 30, 2017