Crossover Cases: Personal Injury & Workers' Comp

When an employee suffers a workplace injury because of an accident on the job, the first solution that comes to mind is to file for workers' compensation. While this may be the best choice for them, there is a downside to workers' comp.  

When an injured employee files a workers' compensation claim, they give up their right to sue their employer in a personal injury claim. Workers' comp can cover medical treatment and medical mileage, but oftentimes a personal injury settlement is greater than the amount an employee receives through workers' comp.  

So, which is the better choice? Well, sometimes the answer is "both." 

After suffering an accident injury, you deserve full compensation from your employer as well as any liable third parties. Contact a knowledgeable personal injury attorney today and fight for your rightful payment. 

Understanding Crossover Cases 

When liability for a workplace accident is shared by an employer and a third party, a crossover case may be possible. With more than 60 combined years of experience handling both workers' compensation and personal injury claims, our attorneys have become skilled in handling crossover cases.  

If you have been injured in a workplace accident involving a liable third party, find out how you could pursue a combined workers' comp and personal injury case. Call Brand Peters PC today. 

Without adequate compensation, you may end up paying for your expensive medical treatment out of pocket, which could result in financial stress or ruin. Don't let this happen to you! Consult with an attorney from Brand Peters PC right away.  

Attorney Jonathan Brand is one of the very few attorneys experienced in crossover cases, and he can provide you with the highest possible chance of obtaining the compensation you deserve through both workers' compensation and personal injury.

Call today to schedule a consultation and learn in detail what could be done for you. Our Walnut Creek firm serves clients throughout Contra Costa County, Alameda County, and Solano County. 

Credit Rights in Crossover Cases 

In crossover cases, credit rights play a key role in ensuring that the injured party does not receive double compensation for the same injury. Essentially, if an employee receives a settlement in a personal injury claim, the workers' compensation insurance carrier may have the right to claim a credit for amounts paid out under the workers' comp claim.  

This means the insurance company could reduce future workers' compensation benefits by the amount recovered in a personal injury lawsuit to prevent the injured employee from being compensated twice for the same injury or loss.  

But in certain workplace injury situations, an injured employee may be able to maximize the amount of compensation he or she receives by pursuing both a workers' compensation claim and a personal injury claim.  

This dual approach leverages the unique benefits of each type of claim to ensure that injured workers get the most comprehensive coverage possible. Workers' compensation can provide immediate relief for medical bills and lost wages without the need to prove fault, ensuring that employees are not left struggling financially during their recovery.  

On the other hand, a personal injury claim can address damages that workers' compensation does not cover, such as pain and suffering, emotional distress, and loss of enjoyment of life, potentially leading to a larger settlement. By pursuing both avenues, an injured employee can secure funds for immediate and long-term expenses.  

This approach, however, requires careful navigation of legal procedures and timelines, which makes the guidance of an experienced attorney indispensable. 

Timing & Strategy in Crossover Cases 

When you choose to pursue a crossover case, it is very important that each case is settled in a timely manner relative to the other.

Should your personal injury case be settled before your workers' compensation case, your insurance company could attempt to use the credit (the amount recovered) as a deductible for your workers' compensation settlement, reducing the overall amount that you win between your two cases. 

However, this credit is duly yours and you have every right to fight for it. By hiring a skilled attorney with the knowledge to strategically handle your cases, you could win a maximum payout for your personal injury case without it affecting the amount of workers' comp you receive. Learn more by contacting Brand Peters PC today. 

Let's Start Strategizing 

Crossover cases are not common and there are few lawyers in your area with the knowledge, skills, and experience to handle them. Fortunately, our attorneys have handled personal injury and workers' compensation cases for a combined 60 years and know the strategies required for settling crossover cases. One of our attorneys can skillfully handle both your cases so that settlement from one cannot be applied to the other.