How To Know If Your Case Is Workers’ Comp Or Personal Injury

In California, individuals who sustain injuries in a home, public place, or workplace may have the right to pursue legal action. How the injury occurred and the location of the accident will determine the type of claim: personal injury or workers’ compensation.  

Personal Injury

Personal injury cases are classified as either strict liability or intentional wrong. 

• Strict Liability

Strict liability pertains to the consequences of the actions of a certain individual or party. For example, a car accident, faulty product, or an action that didn’t intend any harm or criminal intent could be categorized as strict liability. 

Other types of strict liability include:

• Harm caused by owned animals
• Accidents due to negligence or carelessness
• Selling alcohol to minors

• Intentional Wrongs

Intentional wrongs can include obvious altercations between two parties; for example, a physical fight where the other party was liable. In such cases, it’s important to prove that one party intended to cause harm to the other.

Other types of intentional wrong include:

• Fraud
• Misrepresentation
• Defamation or slander
• Assault and battery
• False imprisonment
• Trespassing 

Workers’ Compensation

Workers’ compensation claims refer to injuries or illnesses that are job-related. If an employee is unable to work as a result of a workplace injury, they can file a claim. Injured employees may be eligible for assistance with medical bills, lost wages, and psychological counseling. 

An experienced work injury lawyer in Orange County could help injured workers determine the type(s) of compensation they are entitled to.

• Physical Injury Claims

Repetitive injuries, for example, are caused by doing repetitive activities such as bending or lifting, or as a result of improper workplace training. Common injuries caused by repetitive activities include carpal tunnel syndrome, neck and back strain, bulging discs, amputation, and nervous system damage. 

• Mental Injury Claims

The workplace could also cause mental injuries such as anxiety, stress, and depression. These injuries may occur if the workplace is plagued by bullying, employee isolation, and threats of contract termination. 

Injured workers should call the best Orange County workers’ compensation lawyer Thomas F. Martin, PLC to schedule a consultation and begin their journey to obtaining compensation.