Workplace Injuries

San Diego Workplace Injury Attorneys

A Compassionate Law Firm Helping Injured Workers Seek Financial Compensation with Workers’ Compensation Claims and Personal Injury Cases

Depending on your industry and job duties, your occupation may be considerably more dangerous than others. For example, construction, warehouses, and other fields have higher risks of serious injuries than other professions. Regardless of where the injury occurred and what profession you hold, workplace injuries can be extremely costly both in terms of lost wages and medical expenses. If you have been hurt on the job, you should not be the party responsible for medical bills and other out-of-pocket expenses related to your workplace accident. Thankfully, most injured workers can get their medical coverage taken care of by insurance companies with a successful workers’ compensation claim. In other cases, filing a personal injury lawsuit against the at-fault parties in a workplace accident may also be possible. The options available to you will depend on the various details related to your unique case.

Those seeking to claim workers’ compensation or pursue other avenues for recovering a fair settlement after a work injury are strongly encouraged to speak with an experienced attorney well-versed in these practice areas. Our San Diego workers’ compensation attorneys have extensive experience helping clients suffering from life-changing injuries obtain the financial recovery they deserve.

Sometimes, securing benefits via the California workers’ compensation system is easier said than done. It’s not as simple as submitting your claim form and waiting for money to arrive. To ensure you get adequate benefits from your employer’s insurance provider, speak with an experienced workers’ compensation attorney at our San Diego office. We will assist you throughout all steps of the claims process to help you get what you deserve and require.

Understanding Workplace Injuries

A workplace injury can vary greatly in severity, from minor cuts to serious traumas like amputations or electric shocks. Understanding your rights as an injured worker is crucial in securing proper compensation.

What Are Some of the Most Common Workplace Injuries in San Diego County?

At our San Diego law firm, we have over thirty years of legal experience handling complex personal injury cases of all sorts. Among the most common personal injury matters we are asked to represent are job-related injuries. Whether your injury occurred in a fall accident or an industrial accident, our attorneys await your call so that we can provide valuable legal guidance in pursuit of justice and financial recovery.

Among the most common workplace injuries we see in California are the following:

  • Traumatic brain injuries, open head trauma, and concussions
  • Musculoskeletal disorders
  • Carpal tunnel syndrome
  • Repetitive motion injuries
  • Catastrophic injuries
  • Electrical shock
  • Whiplash
  • Back and neck injuries
  • Spinal cord injuries, including complete or partial paralysis
  • Occupational illnesses, including cancer, mesothelioma, respiratory disease, and others
  • Burns and disfigurement
  • Crushing injuries and degloving injuries
  • HIV
  • Amputation or limb loss
  • Deep cuts and lacerations
  • Eye injuries and vision loss
  • Loss of hearing
  • Heart attacks
  • Strokes
  • Hepatitis B or C
  • Chemical burns
  • Broken bones and fractures
  • Oxygen deprivation
  • And more

Whether your injuries were minor or catastrophic, you must get medical treatment from licensed professionals to fully assess the severity of your injuries. Our law firm will assist you in seeking your workers’ compensation benefits and help you get the approved medical attention you require.

According to the country’s largest Workers’ Compensation insurance carrier, the most common work injuries are:

  • Strains and sprains (30%)
  • Cuts or punctures (19%)
  • Contusions (12%)
  • Inflammation (5%)
  • Fractures (5%)

What Are Some of the Most Frequent Causes of Workplace Injuries?

Different industries have unique risks, such as falls in construction or eye injuries in manufacturing. Understanding these risks can help in both preventing and handling a claim for a workplace injury.

Common causes of workplace accidents and injuries include the following:

  • Commercial driver accidents, such as accidents involving delivery trucks, tractor-trailers, and more. Often, commercial vehicle accidents are caused by negligent drivers, defective equipment, and failure to perform routine maintenance
  • Construction accidents such as falling objects, exposure to toxic chemicals or waste, defective machinery, crushing accidents, motor vehicle crashes, slips and falls, and more. The construction industry is one of the most dangerous industries in America, and workplace injuries are unfortunately common in construction sites
  • Industrial accidents include failure in supervision, inadequate training, overexertion, worker fatigue, poorly maintained machinery, and exposure to hazardous chemicals. If you have been injured in an industrial accident, you must seek emergency medical attention and then contact our attorneys immediately
  • Other examples include warehouse accidents, incidents involving health care workers, agricultural accidents, and accidents that occur on the manufacturing floor

What Sort of Workers’ Compensation Benefits Could Be Available?

San Diego workers are afforded certain rights under the law. Our local employees have the right to return to work, the right to disability benefits, the right to professional medical care, the right to refuse specific work assignments, and the right to obtain legal representation. Injured San Diego workers must understand these basic rights, as these legal protections allow the injured employee to hold at-fault parties accountable for their negligence and wrongdoing.

When seeking workers’ compensation benefits, it’s essential to communicate constantly with the claims administrator to ensure that you receive proper medical care with full authorization.

If your work injuries cause you to lose your ability to return to regular job duties for a certain length of time, you may be eligible to receive temporary disability benefits. Temporary disability benefits are typically two-thirds of your regular wages.

If your injuries are more severe and permanent, you could potentially qualify for permanent disability benefits under workers’ compensation law. To calculate fair permanent disability benefits, relevant factors such as your age, previous occupation, injury severity, and the doctor’s evaluation may come into play. If you disagree with the doctor’s medical report, you can file an official complaint with the Division of Workers’ Compensation.

According to state laws, death benefits are available to the dependents of the recently deceased. These payments are similar to temporary disability benefits. Workers’ compensation also typically provides compensation for burials.

Certain rules apply to whether you are eligible to receive disability benefits. In some cases, your initial application may be denied, forcing your legal representative to take action and file an appeal. To learn more about the complexities of workers’ compensation benefits and what you stand to recover, please contact our San Diego law office today.

How Do Injured Employees File Workers’ Compensation Claims in Southern California?

You need to understand the claim process if you have suffered a work-related injury or illness.

Reporting Within 30 Days

If an employee is injured, they must report the injury to their employer within 30 days. Failure to do so might result in a loss of benefits.

Understanding Compensation Programs

Workers’ compensation programs are designed to provide wage replacement and medical care for those injured on the job.

The Process of Returning to Work

Returning to work after an injury can be complex. Guidance from a lawyer can ease the transition and ensure that your rights are protected.

What Could Disqualify a Workers’ Compensation Claim in San Diego, CA?

Even individuals who believe they have a valid claim could see their cases dismissed because of disqualifying factors.

Some of the factors that could result in a denial of workers’ compensation benefits include the following:

  • At the time of the workplace accident and its related injuries, the injured worker was intoxicated by alcohol or under the influence of controlled substances
  • If the injured worker got hurt in a fight, but they were the ones who instigated the altercation, they could see their workers’ compensation claims denied
  • In most cases, workplace injuries that occur during lawfully mandated lunch breaks may potentially disqualify the claims
  • The injury occurs while commuting to or from work, but not during regular work hours or while performing regular job duties
  • When a worker gets injured on the job, but they are breaking the law or committing a felony offense, they cannot usually hope to recover workers’ compensation payments
  • Some workplace accidents were no accidents at all. If the employee intentionally harmed themselves or killed themselves in a workplace incident, securing benefits would be highly unlikely
  • While the injury did occur at work, evidence suggests that the injury was the result of employees goofing off or engaging in horseplay while on the job

Your workers’ compensation claims can be devalued as well. For example, if you do not obey the doctor’s orders or follow instructions for ongoing treatment, your total compensation may be reduced.

What is Considered Employer Negligence in California?

When San Diego employers fail to provide reasonably safe job sites, neglect to properly train their employees, and refuse to maintain work equipment regularly, they may be held accountable for negligence. Other examples of employer negligence can include failure to comply with state or federal regulations and failure to meet basic safety standards.

With valuable evidence, such as witness testimony, surveillance footage, and medical records, your lawyers can prove negligence on the part of your employers. To achieve this, a few basic factors must be established.

Firstly, the employer must have an official duty of care to provide a safe working environment and take measures to ensure ongoing safety. You must then show that the employer breached that duty of care by failing to meet their legal obligations. As a result of the breach of duty, a direct line can be drawn to the accident and the employee’s injury. Finally, the injured workers must show that they sustained real damages, such as lost wages, medical bills, emotional distress, and physical pain and suffering. Once these factors have been established, it may be possible to prove negligence.

Do You Need the Legal Services of Our San Diego Workplace Injury Lawyers?

Navigating a workplace injury claim can be challenging. Our experienced lawyers can guide you through the process.

Why You Might Need Legal Help

If you’ve been injured on the job, having legal support can help you file a claim properly and ensure that you receive the maximum benefits.

Contact Our San Diego Office to Schedule Your Initial Consultation with Our Experienced Workers’ Compensation Lawyers Today

While most workplace injuries would qualify the injured worker for a workers’ compensation claim, there may be some instances where the injured employee could file a personal injury lawsuit. For example, if your workplace injuries resulted from an accident caused by a third party, you may be able to sue that at-fault party in pursuit of financial compensation.

As your attorneys, we will explore all potential legal options to get you the maximum compensation for your workplace accident case. If your claim is denied, we can assist you throughout the appeals process.

Don’t hesitate to reach out if you or a loved one has been injured at work. Our team of professionals is seasoned in workplace injury claims and is here to provide legal solutions tailored to your unique situation.

Call us at (619) 768-2865.