Were You Injured in a San Diego Workplace Accident?
If you sustained a work-related injury in San Diego County, it’s vital to consult a workers' compensation lawyer. Workers’ compensation benefits can be challenging to obtain without the legal support of an experienced workers’ comp lawyer.
At Harbor Accident Lawyers, we will protect your rights and provide aggressive legal advocacy on your behalf. Our San Diego workers' comp lawyers will fight tirelessly to help you obtain the maximum workers' compensation benefits available. Contact or Call our law firm today to schedule your free initial consultation.
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.
Contact Our San Diego Workers' Comp Attorney Today
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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.
How Long Do I Have to File a Workers' Comp Claim?
In California, a work-related injury must be reported within 30 days of the incident. The statute of limitations for filing a workers' compensation claim is 1 year from the date of the work-related injury or illness. Consult a workers' compensation attorney to verify when your statute of limitations runs out. In order to protect an employee's rights, it's important that all legal deadlines are met and that required paperwork is submitted on time.
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
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
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 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.
What Does Workers’ Compensation Cover?
After an on-the-job injury, a worker may be dealing with medical expenses, ongoing medical care, lost wages, pain, and suffering. Workers’ comp benefits employees are entitled to recover if the injury occurred on the job. The workers' compensation system is set in place to protect workers' rights and provide them with the compensation they need to cover medical bills and other losses.
Workers' compensation insurance includes:
- Medical care related to the injury or illness
- Ongoing medical treatment
- Future medical care
- Temporary disability benefits
- Cost of retraining
- Lost wages
- Permanent disability
- Death benefits
- Funeral expenses
What is a Third-Party Claim in a Workers’ Comp Case?
If you suffered injuries in a work-related accident that was caused by a third-party, not your employer, you may be able to pursue a third-party claim. This is a separate personal injury claim against the third-party that injured you, so it is outside of the workers' compensation system. In a third-party claim, the victim must prove the following:
- The employee sustained injuries in a work-related accident.
- The third-party owed a duty of care to the injured employee.
- The duty of care was breached and caused the employee to sustain a direct injury.
- The employee suffered an injury and other losses in the work-related accident.
Did You Suffer an Injury at Work?
Our San Diego Workers' Comp Lawyers are ready to take your call.
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.
"I was referred to Harbor Accident Lawyers by a friend. They always returned my calls and always reached out to me with updates, which I appreciated. They were honest with me about my case and laid out all my options. In the end, I got my settlement for more than what was initially presented and best of all, I never saw a single medical bill!"
"I was badly hurt on a motorcycle accident and when the insurance company tried to jam me up, instead of backing down Harbor accident attorney jammed them right back. Needless to say, I got was just and fair thanks to them and their awesome staff."
Contact Us to Schedule Your Free Consultation
If you were injured in a San Diego workplace accident, don't hesitate to contact our law firm. At Harbor Accident Lawyers, we are dedicated to helping injured workers obtain the full compensation benefits they are rightfully entitled to.
In addition to our workers’ compensation practice, we serve clients of the greater San Diego County area for personal injury matters. We fight tirelessly to obtain fair compensation for our clients. Call our San Diego workers' comp lawyer today to schedule your free consultation.