Navigating the aftermath of a workplace accident in Kern County is overwhelming, especially when dealing with injuries, medical bills, and lost wages.
Our skilled Kern County workplace accident lawyers can be invaluable. But why choose our attorneys? And how can you maximize your chances of a successful claim?
Why Locals Choose Greenberg Ruby Workplace Accident Lawyers
Award-winning attorney Emily Ruby is deeply committed to tackling complex work injury cases that others deem impossible, including those involving catastrophic injuries and fatalities.
Attorney Ruby's firm has secured over $600 million in compensation for clients, boasting a remarkable 97.4% success rate. She is listed as one of Forbes' Best Wrongful Death Lawyers for her dedication to families affected by workplace fatalities.
Work Injury Focus & Experience:
Our injury lawyers have a proven track record in handling work injury cases and have an unmatched understanding of the nuances of California's workplace injury laws and regulations.
Experience in this area matters. We are not workers' compensation lawyers; we're work injury lawyers, and we know the laws pertaining to third party claims. Workers' comp lawyers focus only on benefits that can be received through workers' comp, while our attorneys focus on all of the avenues of rightful compensation our clients are entitled to.
Reputation and Reviews:
Our lawyers focus on the entire client experience, and have numerous over-the-top positive testimonials from past clients and a strong standing in the legal community. We are highly referred by past clients and opposing counsel; many of those who face us in court refer us to friends and family, because they see we provide our clients with a superior experience inside and outside the courtroom.
Communication and Accessibility:
Our lawyers prioritize clear and timely communication. We aim to make you feel comfortable asking questions and receiving regular updates on your case.
Fees and Payment Structure
Our lawyers work on a contingency fee basis. This means we only get paid if your case is won.
Kern County Workplace Accidents We Assist With
While not every workplace injury necessitates a lawyer, certain situations call for their expertise, that's where we step in. Here are ones that we can help you with:
1. Denied or Disputed Claims
Insurance companies sometimes deny legitimate claims or dispute the severity of your injuries to minimize payouts. Our lawyers can help gather evidence, build a strong case to appeal the decision, and fight for the benefits you deserve.
With Emily and Greenberg and Ruby Injury Attorneys, you can trust that you're in proven hands.
2. Severe or Permanent Injuries
Severe injuries with long-term medical repercussions or those leading to permanent disability warrant higher compensation, and, sometimes, third parties can be sued as well. Our attorneys will work with medical professionals to assess the full extent of your injuries. They will also calculate future medical expenses and lost earning capacity to seek maximum compensation for you.
3. Third-Party Negligence
Sometimes, a third-party beyond your employer may be liable for your injuries. This can happen if, for example, a defective piece of equipment caused your accident. Our lawyers can identify such instances. They can advise whether filing a separate personal injury lawsuit, in addition to your workers' compensation claim, is appropriate.
Understanding Workers' Compensation in Kern County
California is an “at-fault” state. This means an injured employee generally needs to prove negligence on the part of their employer to recover damages beyond what workers' compensation provides. Workers' compensation is a system of insurance providing wage replacement and medical benefits to employees injured on the job. This “no-fault” system generally prevents employees from suing their employers in court, regardless of fault, with some exceptions.
Common Workplace Accidents in Kern County
Kern County is a hub for various industries like agriculture, oil, and gas. Each industry has specific hazards leading to workplace accidents. Understanding these risks can help workers take appropriate safety measures and be aware of potential dangers. Some of the most common workplace accidents across these industries include:
- Slips, Trips, and Falls: From uneven terrain on Kern County farms to slippery surfaces on construction sites, falls are a leading cause of injury.
- Machinery Malfunctions: Industries heavily reliant on heavy machinery, like agriculture and oil & gas, often see injuries due to equipment malfunctions, inadequate training, or safety protocol lapses.
- Overexertion: Kern County's agricultural sector sees a higher rate of overexertion injuries, such as back injuries from heavy lifting, than other industries.
- Transportation Incidents: With extensive road networks used for transportation within agricultural areas and to and from oil fields, transportation accidents are a recurring problem, often due to driver fatigue or vehicle maintenance issues.
What to Do After a Workplace Accident
Following the right steps immediately after a workplace accident is vital to protecting your rights. These steps include:
Seek Medical Attention
Even if the injury seems minor, see a doctor to get checked out. Some injuries might not be immediately apparent. A medical professional can diagnose the severity of your condition. Make sure to report the injury to your supervisor or employer as soon as possible and follow your doctor's treatment plan.
File a Workers' Comp Claim
In California, injured workers have 30 days to report an injury and one year to file a formal claim, but it's best to file immediately. The County of Kern, for example, manages insurance coverage, general liability, and worker's compensation claims through its County Counsel. Use a DWC-1 form, providing a detailed account of the incident and injury.
Document Everything:
Gather as much information as possible, including:
- The date, time, and location of the accident.
- A detailed description of what happened.
- The names and contact details of witnesses.
- Pictures or videos of the accident site, if applicable.
- Copies of medical reports, bills, and pay stubs.
Thorough documentation will be essential for building your case.
Protecting Your Rights: Why Legal Representation is Essential
Remember, the insurance company representing your employer will have their own legal team looking out for their best interests. They might attempt to downplay your injuries, delay your claim, or even outright deny it.
Our lawyers will fight for your rights and strive to achieve a fair and just settlement for your injuries. Whether negotiating a fair settlement or presenting a compelling case before a judge and jury, we act as your advocate. In the process, we handle all communication and paperwork, allowing you to focus on your recovery.
FAQs From Our Kern County Work Injury Clients
What is the statute of limitations for filing a workers' compensation claim in California?
In California, the statute of limitations gives a claimant only two years from an accident to initiate a lawsuit against a responsible party. The clock starts ticking from the date of the accident. Alternatively, it can start from when your injury was discovered, in cases where an injury wasn't immediately noticeable. If a worker doesn't file a claim within this time frame, they risk losing their right to seek compensation. This underscores the importance of consulting with a lawyer soon after an accident to understand your legal options and avoid missing important deadlines.
What types of damages can I recover in a work injury case?
Damages fall under two broad categories: economic and non-economic. Personal injury law, in general, recognizes that aggrieved victims often deserve some level of compensation when facing the losses caused by a responsible party's actions.
Economic damages have a clear monetary value tied to financial losses. Common economic damages in workplace injury cases are medical bills (past and future), lost wages, loss of future earning capacity, and rehabilitation costs. These aim to compensate for the tangible financial hardships resulting from the accident.
Non-economic damages are less tangible. They include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. Calculating these is more complex, often requiring the expertise of medical and economic professionals to translate intangible suffering into monetary compensation. Our attorneys know how to effectively present these damages to an insurer or jury to maximize the overall value of your case.
Get Help From Attorneys Kern County Trusts
Suffering a workplace injury is never easy, but in Kern County, help is available. With our experienced Kern County workplace accident lawyers, you can get support navigating the legal process, helping to ensure your rights are protected.
Give us a call, engage with our chat, or fill out or form to receive help today.
