No industry is unsusceptible to workplace injuries. You can sustain injuries on the job in a multitude of ways, but there are two basic categories. You can either suffer from a one-time event like hurting your back from a fall or repeated events like daily exposure to loud noise causing hearing defects.
As a California employee in a no-fault system state, you cannot file a lawsuit against your employer. This arrangement also means there’s no burden to prove that your employer is liable. You must only show that you endured pain while at work.
With the overwhelming medical bills piling up, you must wonder about the safety nets that can get you through this ordeal.
Workers’ Compensation Benefits
The law requires that employers pay for workers’ compensation insurance to address workplace incidents, which includes the following benefits:
- Medical cost: Doctors’ fees, tests and other additional expenses for treatment
- Supplemental benefits: Vocational training and other skills enhancement programs aimed to get you back on track with your job responsibilities
- Temporary disability benefits: Accounts for lost wages since your injury prevents you from performing your tasks and usually amounts to two-thirds of your weekly income
- Permanent disability benefits: Based on your disability rating, if you don’t recover completely and incur lifetime physical and mental losses or dysfunctions
- Death benefits: Payments for your surviving spouse, children or other dependents
However, there are instances when another individual’s negligence caused your injury. For example, you had a car accident while driving the company vehicle because of another distracted driver. You could also have broken bones because of a slip-and-fall incident on a property not owned by your employer. These examples demonstrate a third-party claim.
Third-Party Claims
A third-party claim, separate from workers’ compensation, refers to a personal injury claim against an individual or another entity that caused your injury. Establishing third-party liability entails proving that the third party has a duty of care obligation to you and that breach of such duty resulted in workplace injuries.
Thus, a third-party claim allows you to recover compensation beyond workers’ compensation, such as property damage, emotional distress and future medical bills.
Your Course of Action
You can pursue both claims, which requires considerable work and a thorough understanding of the procedures and potential outcomes. On top of trying to heal from physical injuries, facing such legal complexities could be an added burden. A legal counsel can guide you through maximizing compensation and bouncing back.
about
Scott M. Blumen
Scott M. Blumen, Attorney at Law, APC offers personalized, results-focused legal help for injury and workers’ compensation cases in San Diego.
Frequently Asked Questions
Getting started is easy. If you’ve been injured in a workplace accident, car accident, construction accident, slip and fall, or another incident caused by someone else’s negligence, contact Scott Blumen Law today. Call (619) 439-1837 to discuss your situation and receive an honest assessment of your legal options.
Since 1989, Scott Blumen has helped thousands of injured individuals throughout San Diego. He is known for providing honest legal advice, straightforward communication, and experienced representation in both workers’ compensation and personal injury law. As a Certified Legal Specialist in Workers’ Compensation Law, he offers knowledge that many firms cannot provide.
Many injury cases are resolved through settlement negotiations without going to trial. However, if a fair settlement cannot be reached, Scott Blumen is prepared to advocate for your interests throughout the legal process and pursue the best possible outcome.
Depending on the circumstances, compensation may include medical expenses, lost wages, future medical care, rehabilitation costs, pain and suffering, property damage, and other related losses. Every case is unique, and the available compensation depends on the facts of your claim.
California law places deadlines on filing both personal injury and workers’ compensation claims. Missing these deadlines could affect your ability to recover compensation. Contact Scott Blumen as soon as possible after an accident to discuss the time limits that apply to your case.
Yes, in certain situations. While workers’ compensation covers most work-related injuries, you may also have a separate personal injury claim if a negligent third party contributed to your accident, such as a contractor, equipment manufacturer, or another driver. Scott Blumen has experience handling cases involving both types of claims.
Although you are not legally required to hire an attorney, having experienced legal representation can be extremely beneficial if your claim is delayed, denied, your benefits are disputed, or your injury is serious. Scott Blumen is a Certified Legal Specialist in California Workers’ Compensation Law and has over 30 years of experience helping injured workers.
Your health should always come first. Seek medical attention as soon as possible, report the accident if appropriate, gather photos and witness information when possible, and avoid discussing fault with insurance companies before speaking with an attorney. Prompt legal guidance can help protect your rights.
Scott Blumen represents clients in a variety of injury-related matters, including:
- Workers’ compensation claims
- Personal injury cases
- Car accidents
- Construction accidents
- Slip and fall injuries
- Dog bites and animal attacks
- Motorcycle, bicycle, and pedestrian accidents
- Brain injuries
- Wrongful death cases
- Product liability claims
Most personal injury and workers’ compensation cases are handled on a contingency fee basis. This means you generally do not pay attorney fees unless compensation is recovered on your behalf. During your consultation, Scott Blumen can explain how fees apply to your specific case.
The value of a case depends on many factors, including the severity of your injuries, medical expenses, lost income, future treatment needs, and how the injury has affected your daily life. Scott Blumen provides straightforward, honest assessments rather than unrealistic promises so you know what to realistically expect.
If you were injured because of someone else’s negligence or suffered an injury while performing your job, you may have a valid legal claim. Every situation is different, so the best way to determine your options is through a consultation. Call Scott Blumen Law at (619) 439-1837 to discuss your case and receive an honest evaluation.
