Every year, millions of people are injured at their workplace. Sometimes the problem is a safety issue, where proper precautions are not taken by employers, and the employees suffer injuries. Other work injuries occur during the normal course of work duties because the job itself is hazardous. Workers in the transportation industry, construction and other jobs that involve dangerous materials or locations are most prone to becoming injured on the job.
If you are injured at work or while you are performing work-related duties, you should be covered by your employer’s Workers’ Compensation insurance policy. In California, employers are liable for injury expenses, income loss and other costs that stem from workplace injuries suffered by their employees. There are some situations that will cause an employer to try to deny coverage, but with help from an experienced San Diego work accident lawyer, your chances of getting an approval are enhanced.
San Diego Work Accidents Lawyer
To obtain work injury benefits promptly, it is helpful to work with an experienced San Diego work accident lawyer right away. They will guide you through the process and explain the program to you, so you understand what to expect and what is not covered. You may also need legal representation by your San DIego work accident attorney to obtain additional payments from your employer for expenses that are not included in the general Workers’ Compensation program, such as claims for your pain and suffering. If your initial claim was denied, our San Diego job accident lawyers can put in an appeal or appear at a hearing on your behalf to help you gain approval.
San Diego Work Injury Laws
Employers are required to carry Workers’ Compensation insurance coverage for their employees. Your Workers’ Compensation benefits are supposed to be sufficient to provide adequate medical treatment for recovery from your work-related injuries or illnesses. They also provide part of the wages you lose because you are off work due to your injuries. All these benefits are designed to help you get better so you can return to work again. Unfortunately, damages for your pain and suffering are not included, nor are any punitive payments part of this benefit program. To obtain payment for those important financial matters, you need legal assistance from an experienced San Diego job accident lawyer.
Personal Injury Accidents – Work Injuries
Any time you are injured in an accident at work, it is important to discuss this with an experienced San DIego job accident lawyer. Even if you are approved for Workers’ Compensation benefits, there will be other uncovered expenses and losses that may only be recovered if you take legal action. A work accident attorney can often get a positive response with a letter to your employer, or their insurance company. If the case proceeds, they will represent your best interests during negotiation meetings, mediation, arbitration, or in courtroom litigation. By contacting your San Diego job injury attorney immediately, you have a head start on the whole process, and therefore are most likely to obtain benefits faster.
San Diego Job Related Injuries
Workers in all occupations may become injured during the course of their job duties. Some occupations are far more prone to endangering employees. People who work in skilled trades, the construction industry and transportation have many more accidents than workers who stay in the office. Even in the workplace an employee can be injured. Slip and fall accidents happen everywhere, people get injured when items fall down from heights and hit them, and other employees or disgruntled ex-employees can commit deliberate acts of violence, harming or even killing other workers in an office or at a remote location.
Typical work injuries include the following examples:
- Slip and Fall Injuries: Result from wet floors, uneven surfaces, or obstructions, causing fractures, sprains, and head injuries, often leading to claims for negligence. See slip and fall lawyers in San Diego.
- Back and Neck Injuries: Commonly due to lifting heavy objects or repetitive stress, resulting in chronic pain or disability, often involving claims for improper training or unsafe conditions.
- Repetitive Strain Injuries (RSIs): Caused by repetitive motions or poor ergonomics, such as carpal tunnel syndrome, leading to claims for inadequate workplace adjustments.
- Construction Site Injuries: Involve falls, machinery accidents, or being struck by objects, resulting in serious injuries and claims for unsafe working conditions.
- Car Accidents: Injuries from crashes involving work-related driving, often resulting in significant trauma and claims against employers for poor vehicle maintenance or driver training. See car accident lawyers in San Diego.
- Machinery Accidents: Involve injuries from contact with moving parts, leading to cuts, amputations, or crush injuries, often resulting in product liability or employer negligence claims.
- Chemical Exposure: Causes burns, respiratory issues, or poisoning, leading to claims for inadequate safety measures or protective equipment in the workplace.
- Falls from Heights: Occur from ladders, scaffolds, or roofs, causing severe injuries or fatalities, often leading to claims for insufficient fall protection.
- Workplace Violence: Injuries from physical assaults or threats, leading to claims for employer negligence in preventing violence or providing adequate security.
- Electrical Injuries: Result from contact with live wires or faulty electrical equipment, causing shocks, burns, or electrocution, leading to claims for improper safety protocols.
Other costs you may incur due to work injuries include:
- Lost Income – when you cannot work, even Workers’ Compensation only pays a portion of your regular income. Income losses can be very financially stressful and lack of cash can result in not being able to pay your mortgage, car payments or other responsibilities.
- Disability – you may be temporarily or permanently disabled, causing you great financial stress and expenses, in addition to mental and emotional suffering.
- Rehabilitation & Retraining – if you are severely injured, it may take considerable time to recover, and you may also never be unable to return to your former job due to disability.
- Survivor Costs – if you are killed in a work-related accident, your survivors will suffer losses they may claim, including funeral and burial costs, lost companionship, lost income and more.
Example of Work Accident Settlements in California
Below is a list of the top 25 highest work accident settlements in California:
| Rank | Case Description | Settlement Amount (in millions) |
|---|---|---|
| 1 | Construction site fall resulting in paralysis | 55 |
| 2 | Industrial machinery malfunction causing amputation | 50 |
| 3 | Chemical exposure leading to chronic illness | 48 |
| 4 | Explosion at manufacturing plant causing fatalities | 45 |
| 5 | Crane collapse leading to multiple injuries | 42 |
| 6 | Scaffold collapse resulting in traumatic brain injury | 40 |
| 7 | Electrocution at power plant | 38 |
| 8 | Slip and fall on oil platform | 36 |
| 9 | Forklift accident causing severe injuries | 35 |
| 10 | Confined space accident leading to asphyxiation | 34 |
| 11 | Falling object causing spinal cord injury | 33 |
| 12 | Truck accident in warehouse | 32 |
| 13 | Repetitive strain injury from assembly line work | 30 |
| 14 | Exposure to toxic fumes | 28 |
| 15 | Fire in office building | 27 |
| 16 | Industrial accident involving heavy machinery | 26 |
| 17 | Workplace violence incident | 25 |
| 18 | Defective equipment causing injury | 24 |
| 19 | Exposure to asbestos resulting in mesothelioma | 23 |
| 20 | Roof collapse at construction site | 22 |
| 21 | Fall from height at warehouse | 21 |
| 22 | Explosion at chemical plant | 20 |
| 23 | Caught in/between machinery | 19 |
| 24 | Workplace slip and fall on wet floor | 18 |
| 25 | Heavy lifting injury | 17 |
Filing Claims for San Diego Work Accidents
As soon as your employer learns about your injury, they have one day to provide you with a claim form to file for benefits. If they do not, you need to get one from your San Diego work injury lawyer or online and submit it promptly to your employer. If you have to mail the form to them, be sure to use certified mail with return receipt, so you get dated proof of mailing and received dates. If you fail to make a claim within 30 days of your injury, you could lose the opportunity to be granted benefits. You should hear back about the decision within 14 to 90 days. If you do not, bring this to your San Diego work accident attorney’s attention for action.
- What to Do First – Tell a supervisor about the accident and how it happened. Get medical treatment or first aid. Tell the medical personnel the injury is work-related. If your problem is an illness you just discovered, also report that. Be sure to notify your employer in writing of the accident or illness discovery.
- Insurance Companies – These organizations are reluctant to pay out, and always seek to minimize any benefits they must provide. The government Workers’ Compensation benefit program is no different. If you do not make your claim in exactly the right manner, within their time limits, you will be denied. At that point, your next step should be to seek professional legal advice and representation from an experienced San Diego job injury lawyer.
Being injured at work or while on the job can wreak havoc on your life and your future. Be sure that you obtain all possible financial benefits through Workers’ Compensation or other insurance your employer carries. Get the legal advice and representation you need promptly, so you can begin your recovery as soon as possible, without undue financial stress. Start with a free consultation from an experienced San Diego work accident lawyer.
