Padilla Law Group, LLP

Drunk driving accident leaves California state employee injured

On a daily basis, most Californians go to work to earn a living for themselves and their families. Sometimes, though, these individuals are injured on the job, which can throw them out of work for a significant period of time. When this happens, medical expenses and lost wages can take quite a toll. Although workers' compensation may be available to these individuals, those benefits don't always cover the full extent of one's losses. In instances where a third-party's negligence contributed to the accident, an injured worker may be able to pursue both workers' compensation and a personal injury claim in hopes of recovering compensation for the full extent of damages suffered.

One California Department of Transportation worker may be in this position now after being injured in a car crash while on the job. According to reports, the worker was sitting in his truck on the side of the road as part of a trash collection group when he was rear-ended by another vehicle. He was later taken to the hospital for treatment of his injuries.

Law enforcement officials indicate that the errant driver may have been drunk at the time of the wreck, and, as a result, he was arrested for DUI. If it turns out that the driver was intoxicated at the time of the accident, then the injured CalTrans worker may be able to sue that driver for any damages that remain after workers' compensation benefits kick in.

Obtaining workers' compensation benefits can be challenging enough, as claims adjudicators often look to see if a claimed injury existed before the accident in question, as well as whether the employee was performing job duties at the time the injuries were suffered. Legal issues can arise when pursuing a personal injury lawsuit, too. This is why those who have suffered a workplace injury that was caused by the negligence of another should think about discussing the matter with a competent and aggressive legal team.

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