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Workers’ Compensation vs Personal Injury Claims in Fontana

Workers’ Compensation vs Personal Injury Claims in Fontana

If you’ve been injured on the job in Fontana, you might not know what to do next. Can you file a workers’ compensation claim, or do you have the right to sue for personal injury? The answer depends on how the accident happened and who is responsible. While workers’ compensation provides benefits regardless of fault, it has limits. In some cases, filing a personal injury lawsuit may be the better option, offering more complete compensation for your losses.

But how do you know which one is best for you and your situation?

At William D. Shapiro Law, Inc., our experienced Fontana personal injury attorneys will help you after a serious accident. When you’re hurt at work, we’ll investigate your accident closely to determine the best legal options for you. With decades of experience helping injured workers in Fontana, you can rest easier knowing you’ve got reputable injury lawyers in your corner.

Workers’ Compensation: Your First Line of Protection

In California, nearly all employers are required to carry workers’ compensation insurance. This system is designed to provide benefits to injured employees without requiring proof of fault. If you were hurt while performing your job duties, you’re generally entitled to file a workers’ compensation claim, regardless of how the injury occurred.

What Workers’ Compensation Covers

  • Medical Expenses – Covers doctor visits, hospital stays, surgeries, rehabilitation, and medication.
  • Wage Replacement – Provides temporary disability payments, typically two-thirds of your average weekly wage (up to a state-set maximum).
  • Permanent Disability Benefits – If you suffer a lasting impairment, you may qualify for ongoing payments.
  • Job Retraining – If you can’t return to your previous job, you may be eligible for vocational rehabilitation.

The Catch: Workers’ Compensation Limits

While workers’ compensation provides essential benefits, it does not cover everything.

  • No Compensation for Pain and Suffering – Workers’ comp only covers economic losses (medical bills and lost wages), not the emotional toll of your injury.
  • Limited Wage Replacement – You receive a portion of your lost wages, not your full salary.
  • You Can’t Sue Your Employer – Workers’ compensation is an exclusive remedy, meaning you give up your right to sue your employer for negligence in most cases.

But what happens if your injury is severe and workers’ compensation benefits aren’t enough to cover your losses? Is there another way to seek full compensation? The answer may be a personal injury lawsuit.

When Can You File a Personal Injury Lawsuit?

A personal injury lawsuit allows you to seek full compensation, including damages for pain and suffering and 100% of lost wages—but you can only file a lawsuit under certain circumstances.

Third-Party Liability: When Someone Else is at Fault

If someone other than your employer caused your injury, you may have grounds for a third-party personal injury claim. Common examples include:

  • A negligent driver – If you were driving for work and another driver caused an accident.
  • A defective product – If faulty equipment or machinery caused your injury, you may have a claim against the manufacturer.
  • An unsafe worksite – If you were injured on a construction site due to a subcontractor’s negligence.
  • A property hazard – If you were hurt on someone else’s property due to unsafe conditions, such as a slippery floor or falling debris.

While personal injury lawsuits can lead to larger payouts, they also require proving that someone else was at fault. This is where having a skilled personal injury lawyer in Fontana becomes essential.

How Can a Fontana Injury Lawyer Help?

Determining whether to file a workers’ compensation claim, a personal injury lawsuit, or both can be complicated. An injury attorney will carefully review the circumstances of your injury and identify all potential sources of compensation.

If a third party played a role in the accident, such as a negligent driver, a product manufacturer, or a subcontractor on a job site, an attorney can investigate and gather the necessary evidence to hold them accountable.

Your lawyer can also ensure you receive the full benefits available under the law. Workers’ compensation provides medical coverage and partial wage replacement, but it may not cover all your expenses or losses. If you qualify for both a workers’ comp claim and a personal injury lawsuit, an attorney will work to maximize your financial recovery.

Insurance companies often try to minimize payouts or deny claims altogether, and you need a lawyer to handle all negotiations, push back against unfair denials, and make sure you are not pressured into accepting less than you deserve. If a personal injury lawsuit is an option, they will build a strong case to prove negligence, secure compensation for pain and suffering, and fight for the full extent of your lost income.

Contact Our Fontana Injury Attorneys Today

If you were injured on the job in Fontana and are unsure about your legal rights, speaking with an experienced attorney can help you make the best decision for your future. Whether you qualify for workers’ compensation, a personal injury claim, or both, you deserve the maximum compensation available. At William D. Shapiro, Inc., our Fontana personal injury law firm will be there to guide you through the process, protect your rights, and advocate for the financial support you need to move forward.

If you have been hurt at work, do not wait. Contact us today to discuss your options and take the first step toward securing the compensation you deserve. Call us at (909) 890-1000 or fill out our confidential contact form today, and we’ll call you back.

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By William D. Shapiro Law, Inc. | Posted on March 18, 2025