The San Bernardino work injury lawyers at Greenberg and Ruby believe that workers who suffer injuries on the job should be able to recover just compensation for their losses. As an injured worker, you have the right to seek and obtain the medical care you need to recover from your injuries and secure compensation for wages you lost because of your work injury.
When your injury has been caused by a third party (an individual or entity other than your employer), our San Bernardino work injury lawyers can help you file a civil personal injury lawsuit or "third-party claim." This can be filed in addition to your workers' compensation claim. While these claims may be inter-connected, they are separate. Our lawyers are well versed when it comes to understanding California workers' compensation laws and handling complex scenarios that surround work injury cases.
What You Need to Know About California Workers' Compensation Laws
Under California law, all employers – even those who have only one employee – are required to carry workers' compensation insurance coverage. This ensures that all workers who sustain injuries in the workplace or when they are on the job have access to workers' compensation benefits, which will help them pay for much-needed medical care and at least a portion of the earnings lost because of their inability to work due to the injury.
If you have suffered an injury in the workplace, it is imperative that you report the injury to your manager or supervisor as soon as possible. It is true that some injuries may not manifest right away. However, if you have been injured in any way, it would be best to report the injury so the claims process can be initiated in a timely manner. Workers will be required to go through a medical exam by a doctor who is a part of their network who will help determine your condition and eligibility for benefits.
The employer has a legal obligation to process a workers' comp claim in good faith. The law protects employees from retaliation. This means employers cannot take any adverse action against an employee simply because he or she filed a workers' compensation claim. Seeking compensation after a work injury can be a challenging and complicated process with plenty of paperwork, deadlines and hearing dates. It would be in your best interest to retain an experienced San Bernardino work injury lawyer who can help you explore all avenues of compensation and maximize your monetary recovery.
Common Work Injuries in California
Workplace accidents in California have the potential to result in major injuries that can end careers and devastate lives. Our San Bernardino work injury lawyers understand how an injury on the job can dramatically impact your life. A job-related injury can occur in almost any type of work. Workplace injuries commonly occur in fields such as construction, manufacturing, packaging, etc.
Some of the most common work-related injuries include:
Traumatic brain injuries: Head injuries that cause trauma to the brain are extremely common particularly in the construction industry. Falls, which lead to these types of injuries, are the leading cause of fatalities in the construction industry.
Back and spine injuries: Any type of trauma to the neck or back can lead to debilitating injuries. A spinal injury could be caused by anything from a blow to the back to car accidents and slip-and-fall or trip-and-fall accidents. In worst-case scenarios, spinal trauma could result in permanent injuries and disabilities.
Broken bones or fractures: These are some of the most common types of injuries suffered in the workplace. While they may not be life threatening, bone fractures need a long time to heal and may also require extensive rehabilitation.
Internal injuries: These types of injuries are really dangerous because they may not be apparent right away. This is why it is important to see your doctor soon after a workplace injury.
Burn injuries: Depending on the severity of the injuries, burns can be catastrophic or even fatal. Burn injury victims often require skin graft surgeries and cosmetic procedures to minimize scarring, which could all be very costly and not covered by health insurance. Burn injuries also often result in scarring and disfigurement, which could also lead to psychological issues.
Amputations: Limb amputations are common especially in jobs were workers use a lot of heavy equipment and machinery. Amputations are also catastrophic injuries, which means they result in lifelong disabilities.
Who Can Be Held Liable for Work Injuries?
Regardless of how and why a workplace injury occurs, injured workers in California have the right to seek workers' compensation benefits through their employers. If you suffer injuries because of someone else's negligence or wrongdoing, you may be able to recover additional compensation, which may not be offered under workers' compensation benefits.
You may be able to file a third-party claim against an individual or entity that caused your accident and injuries. For example, if you were injured in a car accident caused by a drunk driver while on the job, you may be able to file a personal injury lawsuit against the at-fault driver in addition to seeking workers' comp benefits. If you were injured in a construction site accident because of a defective ladder, you may be able to sue the manufacturer of the faulty ladder in addition to receiving workers' comp benefits. Some other examples of third parties include general contractors, construction companies, sub contractors and property owners.
San Bernardino Work Injury Lawyers Can Help
If you have suffered an injury on the job, it is critical that you report it to your manager or supervisor right away and initiate the workers' compensation process. It would also be in your best interest to seek the counsel of an experienced San Bernardino work injury lawyer who can help you determine the value of your case, determine fault and liability and above all, help you avoid the pitfalls and mistakes that could potentially jeopardize your case. Call Greenberg and Ruby Injury Attorneys for more information about pursuing your legal rights.