Getting hurt on the job is one of the biggest fears for many San Diego workers. The loss of income and high medical bills often results in economic hardship for both the worker and their family. Workplace accident victims are typically entitled to workers’ compensation benefits to help offset their financial losses.
While these benefits should be paid without much hassle, many injured workers don’t receive the full benefits they deserve without the help of an attorney.
If you have been injured on the job, contact our experienced San Diego Workplace Accident Lawyers at CaseyGerry today for a free consultation.
Why Work With Our San Diego Workplace Accident Attorney?
- We have decades of experience representing injured workers in San Diego and have recovered billions of dollars in compensation on behalf of our clients.
- We are highly respected legal advocates who are not afraid to take on large corporate adversaries.
- We will explore all legal options outside of workers’ comp benefits, to ensure you receive the maximum amount of compensation possible.
How a Workplace Accident Attorney Can Help You
After a workplace accident, there are a variety of reasons that an employer or their insurance company will outright refuse to pay your workers’ comp benefits. An attorney will be your advocate in negotiations to make sure you are not taken advantage of, and that you receive the benefits you are entitled to.
If you have a permanent disability because of your work injury, your employer or their insurer may offer to settle your claim with a lump sum. However, insurance companies are notorious for short-changing injured workers when they offer settlements.
The initial offer will likely not be enough to cover the full cost of your medical care and lost wages, in effect, hurting your ability to recover properly. A workplace accident attorney can review your case and the settlement offer, to then advise you on the average amount of compensation an injured worker might recover in a case like yours.
An attorney will also explore other options for obtaining compensation, such as a third-party claim. These types of lawsuits after a work injury are separate from workers’ compensation claims.
California Workers’ Compensation Laws
Employers in San Diego and throughout California are required by law to provide no-fault insurance against workplace injuries and illnesses. In return, injured cannot file lawsuits against their employers when they get hurt or sick while on the job.
Failing to have workers’ compensation insurance is a criminal offense in California. It is also against the law for an employer to require employees to pay for or offset the cost of the policy, and they cannot punish or fire an employee for filing a workers’ compensation claim.
The California Division of Workers’ Compensation oversees the administration of claims. They also run the workers’ compensation court system that resolves disputes over benefits.
What Types of Workers’ Compensation Benefits Am I Entitled To?
Payments under workers’ compensation laws in California include:
- Medical care
- Payment of lost wages while you are unable to work (temporary disability)
- Reimbursement for the permanent loss of function caused by your work injury (permanent disability)
- Job retraining benefits if you are unable to return to your previous job
- Mileage reimbursement for attending medical care treatments
- Death benefits for surviving family members (if applicable)
You are entitled to these benefits under California law regardless of who was at fault for the injury or why it happened. However, it must be reported to your employer within 30 days, and you have one year to officially file a workers’ compensation claim.
The major downside is that the benefits only cover a portion of your lost wages. Disability benefits typically pay for two-thirds of your average weekly wages, and the maximum weekly benefit amount is $1,300.
Workplace Accident Claims Our Firm Handles
Workplace Accident Claims Our Firm HandlesThe attorneys at CaseyGerry have a proud history of helping clients who have sustained a wide range of workplace injuries. This includes:
- Industrial accidents. Industrial workers face significant risks each day. Anytime supervisors or workers on industrial sites are given inadequate training, are forced to operate while fatigued, or have poorly maintained tools and equipment, serious injuries can occur.
- Construction accidents. The construction industry is one of the most dangerous occupations in the country, with one out of five worker deaths happening in construction each year.
- Commercial driver accidents. Commercial drivers often fall victim to poorly maintained equipment or defective vehicles, and this can lead to life-changing injuries.
- Aviation accidents. Accidents involving commercial and private aviation (including planes and helicopters) can occur in a wide variety of ways, including pilot error or equipment malfunction.
This is certainly not a complete list of the types of cases that we handle, and we encourage you to reach out to our attorney so we can determine the best steps moving forward for your work injury claim.
Common Causes of Workplace Injuries
Data available from the US Bureau of Labor Statistics (BLS) indicates that there were 2.7 million non-fatal workplace injuries or illnesses that occurred across the country in 2020, which represented a 5.7% decrease from the previous year. Workplace injuries can occur in a wide variety of ways, and some of the most common causes include:
- Lack of proper safety protection
- Inadequate training from employers
- Transportation accidents
- Violation of state or federal safety guidelines
- Improper supervision
- Communication failures
- Failure to inspect or maintain work equipment and tools
- Defective tools, vehicles, or equipment
How Do I Prove Negligence After a Workplace Accident in San Diego?
Even though nobody wants to sustain an on-the-job injury, there is good news for those who do. The California workers’ compensation system is considered a “no-fault” type of insurance. This means that individuals who sustain workplace injuries typically do not have to prove the negligence of another party involved. It does not matter who caused the workplace injury; an injured worker should be able to recover compensation for their medical bills, a portion of their lost wages, and some disability benefits if needed.
The workers’ compensation system does typically prevent individuals from filing personal injury lawsuits against their employer, and this also means that they are unable to recover compensation for various types of non-economic damages such as pain and suffering losses.
Workers’ compensation claims differ from typical personal injury cases where an individual has to prove that another party was negligent before they can receive compensation. However, there are times when injuries occur as a result of third parties aside from an employer or a coworker. In these cases, individuals may be able to file third-party personal injury lawsuits, which will enable them to recover additional types of compensation above and beyond what they would otherwise be able to receive. Some of the most common third parties that face lawsuits in work injury cases include product manufacturers and property owners.
What Are Third-Party Liability Claims and Can I File One?
Although employees cannot legally file a lawsuit against their employer, there may be additional compensation that can be pursued in a third-party claim. For example, you may have a third-party claim if one of the following parties were also involved in causing the accident that led to your workplace injury:
- An outside contractor operating machinery on the worksite
- The manufacturer of a defective product used in the workplace
- A car accident caused by a negligent driver
- Anyone on the jobsite not employed by your employer
These are separate legal actions from workers’ compensation claims, and the burden of proof will fall on you. If you can successfully prove another individual or company is responsible for your injury, the following types of compensation are commonly available:
- Pain and Suffering: compensation for pain and suffering or emotional distress caused by a serious injury, which a workers’ compensation claim will not provide.
- Medical Costs: the medical coverage under workers’ comp claims requires you to go to a doctor selected by your employer. When you file a third-party lawsuit, you can seek compensation for both present and future medical expenses related to your injury.
- Lost Income: you can pursue a settlement that reflects the full extent of your lost income and future lost earning capacity related to your injury. (rather than the two-thirds of your average weekly wages received under disability)
- Punitive Damages – in some third-party claims, punitive damages may be awarded if an injury was caused by egregious behavior.
- Wrongful Death: The compensation available through a wrongful death lawsuit can be much more than standard workers’ comp death benefits. Surviving family members of a victim may be compensated for medical bills incurred by the deceased after the workplace accident, funeral and burial expenses, lost wages that the deceased person would have earned until his or her retirement, loss of companionship, pain, and suffering, and more.
Speak to a Skilled San Diego Workplace Accident Attorney
If you have been injured or lost a loved one in a workplace accident, contact CaseyGerry. Our highly experienced legal team can help you recover the most from workers’ compensation and advise you on whether a third-party claim may be appropriate.
Schedule a free consultation today by messaging us online or calling (619) 238-1811.
