Legal Question in Workers Comp in California
injury
i was in an truck accident while on the job.i have a neck injury and have been off work for 3 weeks.i am receiving w/c benefits.do i have a case against the company or the driver who hit me.my company has been great and seem to be fair but perhaps the other company will need to settle with me. any info would be appreciated..
1 Answer from Attorneys
Re: injury
In a Worker's Compensation case, fault is not in issue, therefore, you should seek competent legal representation to assure that you receive all of the benefits that tha law entitles you to receive. You most likely will not know everything you are entitled to. In addition, an experienced WC attorney may be able to help you get the best quality medical treatment to help you heal.
The other driver may be liable to you, however, in a personal injury case, unlike a Worker's Compensation case, you will need to establish liability, i.e., that the other driver was at fault (even if not totally at fault). CA has "comparative negligence" which means that you can still recover even if you have some degree of responsibility for the accident.
Good luck.
Lee R. Albert
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