Legal Question in Workers Comp in California

Re: What is the difference?

Worker's compensation pays for injuries based upon work restrictions only apart from negligence. Personal injury torts allows for pain and suffering recovery and lost wages. Here somone was negligent due to the water on the floor. You may have a case for personal injury and also a serious and willful misconduct action which will increase your worker's compensation benefits by 50%. Please call me directly at (619) 222-2504.

legislative intent

Workers Compensation was created by the legislature to provide injured workers with an equal bargaining position with respect to employers. In tort law there are several defenses, for example contribitive negligence, which is something like, you saw the floor was wet but chose to walk on it anyway, therefore part of the fault is yours. At one time, contributory negilgence was a complete bar to a lawsuit.

Workers compensation therefore provides a happy medium. You can receive support to help you during the time you are injured. WC also means you cannot sue you employer in tort for work related injuries. I do not think the fact that you were not clocked in is not going to make any difference. Workers compensation in the form of partial payments toward your care may be your only remedy.