Most employees associate workplace injuries with performing job tasks, but some (healthcare workers, late-night retail staff, etc.) are at risk of assault. Unfortunately, acts of violence in the workplace leave thousands injured every year.
The aftermath of an assault may leave you with severe physical injuries that keep you from working and could compromise your psychological health. Compensation can go a long way in reducing your injury-related hardships, but what are your options?
This is a question that many employees injured outside the traditional scope of their job duties ask.
You Can File A Workers’ Compensation Claim
The California workers’ compensation system provides many benefits to workers injured or sickened on the clock, regardless of the cause. These benefits cover your necessary treatment, including for psychiatric trauma, and replace a portion of any wages you lost.
Generally, employees are eligible for workers’ comp if the attack happened while they were clocked in and performing work duties. Exceptions may exist for provoking the assault or being under the influence of alcohol or drugs.
You May Be Eligible For A Third-Party Claim
Say you work in a coffee shop, and a stranger comes in and immediately assaults you, causing head and abdomen injuries. It could be a case of mistaken identity or a drunken urge to brawl but is not work-related aside from it being where the attack occurred.
You can still seek workers’ compensation for your injuries, but you may also be able to file a personal injury lawsuit or claim targeting your attacker. If successful, such a claim could yield substantial compensation (on top of workers’ comp benefits) for use in your recovery.
The steps taken after any occupational injury can affect your financial situation, not to mention your physical well-being. Legal guidance can be an effective means of ensuring your injury-related decisions serve your best interests.
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.
