Why Hire Harbor Accident Lawyers For Your Workers' Compensation Claim?
If you’ve suffered a workplace injury, the implications could be life-altering for you and your family. Additionally, catastrophic injuries can result in high medical expenses and can lead to emotional trauma and mental distress. At Harbor Accident Lawyers, you are our priority. While you focus on your family and recovery, we will handle the legalities of your workers’ compensation case.
Our legal team will keep you updated on your case details and will guide you throughout the entire workers’ compensation claims process. We will work to resolve your case in a timely manner and obtain the best possible results. Our San Diego law firm operates on a contingency fee basis, so you do not pay any legal fees upfront. You don’t pay anything until we win your workers’ compensation case. Get an experienced workers’ compensation lawyer on your side who will fight for your interests and help you navigate the complex claims process.
How Can a San Diego Workers’ Compensation Lawyer Help?
When you secure legal counsel for your workers’ compensation claim, it’ll put you in a much better position for recovering the compensation benefits you deserve. A workers’ compensation attorney will facilitate communication with the insurance company on your behalf, gather evidence to support your workers’ compensation claim, negotiate a fair settlement, file necessary paperwork, and represent you in court.
When filing a workers’ comp claim, it may be difficult for injured workers to receive sufficient benefits without the help of an experienced workers’ compensation attorney. An employer may deny benefits or offer benefits that are insufficient for the injuries and losses suffered. If you are denied benefits, a San Diego workers’ compensation lawyer can help you hold the other parties accountable.
Types of Workers' Compensation Injury Cases We Handle
Unfortunately, workplace injuries are common in the United States. According to the Bureau of Labor Statistics, there were 2,654,700 total recordable cases of nonfatal injuries and illnesses in 2020. In the same year, there were 4,764 fatal work injuries. Common serious workplace injuries include:
- Head and neck injuries
- Traumatic brain injury
- Eye injuries and vision loss
- Back injuries
- Muscle strains
- Cuts and lacerations
- Carpal tunnel syndrome
- Hearing loss
- Illness
- Burns
Most Common Workplace Accidents
After an injury on the job, it is essential to seek medical attention immediately. Work-related injuries can become worse over time, especially when the injured worker doesn't receive the proper medical treatment. Some of the most common job-related injuries include:
Slips, Trips, and Falls
Slips, trips, and falls are a leading cause of workplace accidents and accounted for 805 fatal injuries across the U.S. in 2020. Slip and falls often occur due to environmental factors and working conditions including:
- Icy, oily, or wet roads or surfaces
- Poor lighting and visibility
- Unprotected holes or uneven surfaces
- Working on ladders, roofs, skyscrapers, tall buildings, and utility poles
Overexertion
When workers perform constant repetitive motions, known as microtasks, it can cause stress or strain over time and lead to complications. Overexertion can also involve performing repetitive work without breaks, lifting heavy objects manually, improper lifting technique, carrying or throwing heavy objects or equipment, and typing or moving a mouse without good ergonomics.
Exposure to Harmful Substances or Environments
Workers may work with or around hazardous chemicals on a daily basis. Dangerous chemicals can pose a severe risk to a worker who may sustain injuries if they make contact with these chemicals. Proper protection like safety goggles, gloves, and other personal protective equipment (PPE) is needed when handling hazardous chemicals. Another example would be loud noises. Construction workers need proper ear protection to protect their hearing around loud equipment and machinery.
Vehicle Accidents
Vehicle accidents are a top cause of injuries and fatalities in the United States. If you work in a warehouse there is also a risk of being hit by heavy machinery and forklifts. A crash could also involve semi-trucks or trailers.
Contact with Objects and Equipment
Making contact with objects and equipment may involve:
- A part of the worker's body gets crushed or severed by equipment or machinery.
- A worker gets struck or crushed by a collapsing structure or materials.
- A worker gets caught in a wire or rope.
- A worker gets injured from vibration.
- Bumping into an object or machinery.
- Falling tools or dropped loads.
Frequently Asked Questions About Workers' Compensation
How Long Can I Stay on Workers' Comp?
Typically, workers' compensation benefits can be provided for 104 weeks or about 2 years. If benefits are not used consecutively, it's possible to parcel the benefits over a period of 5 years. For specific severe injuries, a worker may be able to get 240 weeks of benefits. Severe injuries can include third-degree burns and illnesses developed from job environments and conditions.
If the injured victim suffered injuries that resulted in a permanent disability, permanent disability payments may be awarded.
What Injuries Are Not Covered by Workers' Compensation?
According to California law, there are certain injuries and circumstances that are disqualified from receiving workers’ compensation. These injuries include:
- Intentional harm – If an employee intentionally harms himself/herself at work, he/she will not be able to file a workers’ compensation claim.
- Breaking the law – If an employee breaks the law when he/she becomes injured, the person will lose his/her workers’ compensation coverage. Especially in the case of felonies or violent crimes. For example, if a worker tries to steal merchandise and falls, sustaining an injury at work, that person will not be able to claim workers’ comp benefits.
- Intoxication – If an employee is under the influence of drugs or alcohol at the time of the injury, the person will likely be unable to pursue workers’ compensation benefits.
- Fistfights – An employee suffers injuries while engaged in a violent altercation with another person.
- Pre-existing conditions – Illnesses or injuries caused by pre-existing conditions before an employee was hired.
Can I Sue My Employer for a Workplace Injury in San Diego, CA?
The majority of workers' compensation cases settle out of court. In most situations, you may be limited to filing a workers’ compensation claim. However, after suffering a workplace injury, you may be able to sue your employer. For example, all California employers are required by law to provide workers' comp insurance. If your employer doesn't carry workers' compensation insurance, you may be able to sue. Limited situations where you may be able to sue your employer include the following:
- Your employer intentionally caused you to sustain an injury.
- Your employer does not carry workers’ compensation insurance.
- Your employer committed fraud to hide their connection to the injury.
Can I Be Fired While on Workers' Comp?
The short answer to this question is yes. California is an at-will employment state and being on workers’ compensation does not protect an employee from being let go or laid off. However, an employer cannot fire you only because you applied for workers’ comp or because you are receiving workers’ compensation. If an employer terminates your job for either of these reasons it is considered a retaliatory termination which is illegal in California. It can get tricky to prove this at times, as an employer may try to find another reason for terminating the employment.
If there is a strong indication that your employee let you go due to being on workers’ compensation, it is vital to consult a workers’ comp lawyer to discuss your legal options.
