Were you injured in the workplace? The first thing that you must determine is whether you need to file a personal injury claim or a workers’ compensation case. A personal injury claim is based off of fault (i.e. slipping and falling) while a workers’ comp case requires employer negligence.

Typically the sole compensation that you’ll be granted for a worker’s comp case will be through your employer’s workers’ compensation insurance. However, there are quite a few exclusions in which you can sue for injuries brought about by your injuries, including but not limited to the following:

• If your employer doesn’t carry workers’ compensation insurance
• A third party causes the injury
• You were injured by a toxic substance or defective product
• You were injured due to an employer’s egregious or intentional conduct

Workers’ comp does offer money and funds for an injured employee. Most of the time these disability payments are low and don’t cover certain aspects of the injury such as emotional trauma. Workers’ compensation also doesn’t cover punitive damages to punish an employer for inadequate safety controls or hazardous working conditions. As such, it’s important for you to understand your rights so that if needed, you can hire a workers’ comp attorney in San Jose and bring a case outside of the workers’ comp system.

If you’ve suffered an injury in the workplace, contact a reputable workers’ comp attorney in San Jose, San Francisco, or San Mateo. An experienced lawyer will help you determine whether you can sue for damages caused by your injury and if so, will assist you in navigating the complex legal system. To learn more about Brendan Barrett’s legal services, contact us today!