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California Board of Legal Specialization | Certified Specialist in Workers' Compensation Law by the State Bar of California Board of Legal Specialization
Law Offices of Vincent J. Scotto, III, Attorneys & Lawyers Employment & Workers Compensation, San Mateo, CA

Is fault important in a workers' compensation claim?

Many California residents may not be aware that when they are injured on the job and they are covered under workers' compensation insurance, a workers' compensation claim is their sole remedy for their injuries. An injured employee cannot sue their employer for a work-related injury in any other way. Many may find this system restrictive, as a personal injury lawsuit is probably going to get more compensation for an injured person, but there are certain benefits to pursuing a workers' compensation claim.

As most workers are aware, workers' compensation laws obligate an employer to create a safe working environment for their employees and to provide benefits to injured workers, as long as the injury occurred on the job. The most significant factor of the system, and the most important way it differs from a personal injury lawsuit, is that fault does not have to be proven.

Workers' compensation benefits are given to injured employees regardless of fault. This means even if the injured worker contributed to the accident or a negligent employee did, they would be able to recover compensation. This is in comparison to a personal injury lawsuit where a significant portion of the case is spent proving who was at fault.

Workers' compensation benefits provide expenses for medical coverage, rehabilitation and disability coverage for workplace accident victims, and injured employees may find that it significantly eases their financial burden post-injury. Since time is of the essence in filing a claim, it may be beneficial to consult an experienced attorney to ensure procedural requirements are met.

 

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The Law Offices of Vincent J. Scotto, III
700 South Claremont Street
San Mateo, CA 94402

Telephone: 650-375-2301
Fax: 650-401-6129
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The Law Offices of Vincent J. Scotto, III
706 Ferry Street Martinez, CA 94553

Telephone: 925-231-0726
Fax: 925-372 -4244
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