Orange, CA asked in Personal Injury and Workers' Compensation for California

Q: I lost part of my finger working should i do workers comp or personal injury or both?

3 Lawyer Answers
Louis George Fazzi
Louis George Fazzi
Answered
  • Jess Ranch, CA
  • Licensed in California

A: Your exclusive remedy for such an injury at work is worker's compensation benefits. You should immediately contact an attorney with expertise handling worker's compensation matters for employees. Your medical expenses will be paid and you can receive disability benefits.

If your injury was caused by a defective machine where you worked, your worker's comp lawyer will advise you whether you have the right to sue the manufacturer of the defective machine outside of worker's comp.

Be sure to tell the attorney everything that lead to your injury, what you were doing and how it happened, and identify all the witnesses to the event. You might want to write down all the details of the injury while it is fresh in your mind. Write a chronology of the events, and send it in an email to yourself, then save it for future reference. Also, start keeping a pain journal so you can describe the day to day injuries and pain you are suffering.

Good luck to you.

Ruben Montoya , Kevin E Mitchell and William John Light agree with this answer

William John Light
William John Light
Answered
  • Riverside, CA
  • Licensed in California

A: Both. Workers compensation is available, without regard to who is at fault, if you injured your finger at work. Personal injury claims are possible if you can prove that someone or some company is at fault for your injury. Speak to an attorney immediately.

McCall Baugh agrees with this answer

Ruben Montoya
Ruben Montoya
Answered
  • Workers' Compensation Lawyer
  • TUSTIN, CA

A: Based on the information provided your only remedy is Workers' Compensation. However if the injury was caused by a third party you may have a PI claim as well. You may have a serious and willful if employer's behavior which result in injury to employee, are beyond the realm of negligence or gross negligence but reach the point of conduct that may be considered quasi-criminal in nature. I would highly recommend that you consult with a Work Comp attorney to discuss your claim. Good Luck!

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