Filing a Third-Party or Other Personal Injury Claim for a Restaurant Injury
Some injured workers may not only qualify for workers’ compensation benefits but also have grounds to file additional third-party personal injury claims. While an injured worker generally cannot sue their employer for a workplace injury, this rule does not apply if the employer directly caused the injury, failed to enforce applicable workplace safety regulations, or if they do not have workers’ compensation insurance as required by law.
It is also possible for a third party, such as a vendor or service provider employee, to bear responsibility for a workplace injury. In such a situation, the injured worker may proceed with filing their workers’ compensation claim through their employer’s insurance, and then they may proceed with a third-party personal injury claim against the at-fault party to seek compensation for the remainder of their damages.
Damages Available in an Indian Wells Personal Injury Case
If you intend to file a workers’ compensation claim in Indian Wells for a restaurant accident injury, it is always worth considering whether you could have grounds for further legal recourse with a third-party personal injury claim. Your workers’ compensation case could yield compensation for your medical expenses and a portion of your lost income, but workers’ compensation is typically limited in terms of what an injured employee can expect.
When you are able to pursue a third-party personal injury claim, you could potentially recover the remainder of your lost income as well as compensation for the pain and suffering you experienced. A successful third-party personal injury claim could augment the benefits you receive through workers’ compensation and lead to a much fuller recovery. You will need an experienced attorney’s assistance to succeed with both of these legal efforts.
If you pursue a third-party personal injury claim for your restaurant accident as an injured employee, the most notable form of compensation you can recover from this civil action is pain and suffering compensation. Workers’ compensation generally does not provide this type of compensation, but there are no limits to how much you could win if you succeed with a personal injury case.
Your attorney can assist you in calculating a fair amount of pain and suffering compensation to reflect the severity of your experience. They may attempt to secure a per diem settlement that will award compensation for each day of your recovery if you are expected to recover completely in the near future, or they may seek a large lump sum to reflect a severe injury resulting in permanent harm. Depending on the scope of the harm you experienced, pain and suffering compensation could be the most substantial aspect of your final case award.
Common Legal Complications With Restaurant Injury Cases
Every restaurant injury case involves unique details, and you could face a more complex series of proceedings than you may initially expect. Before you can file your case, you will need to meet applicable deadlines and gather the evidence needed to firmly prove how and why your injury occurred. If you were working, your employer must create a formal incident report that outlines how your injury happened.
You should seek medical care immediately after any serious injury in Indian Wells, regardless of whether you were injured as a customer in a restaurant or while you were working. If the latter applies, you should expect to need to see a workers’ compensation physician, but you have the right to see any available doctor in an emergency. If you were injured or became ill as a patron, you should seek medical care promptly and obtain a medical report from your doctor that explains the severity of your condition.