Workers’ Compensation Lawyer

Whether you work on a construction site or in an office, you want to trust that your employer has your best interests at heart. With that in mind, you expect your employer to appropriately train you to operate dangerous equipment and invest in regular inspections to limit your contact with harmful substances.

Unfortunately, some employers fail to protect their team members from the most basic forms of harm. That negligence can cause a range of workplace injuries, some of which can even prove life-altering or fatal. You don’t have to stand for that kind of negligence, particularly if you’ve suffered injury from it. You can work with a workers’ compensation lawyer to file a claim. Contact our personal injury lawyer today.

California Defends Your Right to Damages After a Workplace Accident

California is one of many states that requires its employers to secure workers’ compensation insurance for their employees. That workers’ compensation can entitle you to financial support in the wake of a dangerous accident. Most California workers’ compensation plans cover your post-accident medical treatment and two-thirds of your pre-tax gross wages.

While the state may make an effort to protect you from workplace accidents, though, your employer may not. Employers can attempt to misclassify your employment to avoid paying you damages in the wake of a workplace accident. Alternatively, an employer may accuse you of malingering or exaggerating the nature of your condition.

If you think you deserve workers’ compensation but have your claim denied, it’s worth it to investigate that denial. You can work with a workers’ compensation attorney to appeal a denied claim. You can alternatively pursue a personal injury lawsuit against your employer or a third party whom you believe may bear some fault for your losses.

You May Have the Right to a Third-Party Personal Injury Claim

When you work with a California workers’ compensation attorney to file a personal injury claim, you most often target your employer in said claim. There are other parties you can hold liable for workplace injuries, though. Subcontractors and landowners constitute third parties in workplace injury cases. These parties can be as liable for your losses as your employer.

You, in turn, can take up a personal injury claim against these parties so long as you have the means to prove that they contributed to your losses. California even allows you to pursue these claims while also requesting workers’ compensation. 

While your personal injury settlement can impact your workers’ compensation damages, pursuing a third-party injury claim allows you to request non-economic damages in addition to the coverage you deserve for your economic losses. You can investigate your case alongside one of our attorneys to determine which combination of these damages you qualify for.

How to Accuse an Employer or Related Party of Negligence

You cannot accuse another party of wrongfully denying your workers’ compensation claim or otherwise endangering you without proof. Fortunately, you can work with our team to return to the scene of your accident and bring forward evidence of an at-fault party’s negligence. Evidence of workers’ compensation liability can include:

• Statements from coworkers and other witnesses to your accident
• Input from expert witnesses assessing the nature of your injuries and the alleged negligence
• Video or photo footage of your accident
• Records from other employees of similar accidents
• Records of debris or machine damage that correlate with your losses

If you’re not the only employee to suffer injury due to a supervisor’s oversight, let our team know. You may collectively be entitled to a class action lawsuit against a negligent employer.

What to Do When an Employer Denies Your Workers’ Compensation Claim

If you want to file a personal injury claim in addition to a workers’ compensation claim or after an insurer denied your initial claim, you and your workers’ compensation lawyer must do so within California’s personal injury statute of limitations. California Code of Civil Procedure section 335.1 allows you to take two years to investigate your losses. 

You may not request damages for a workplace injury in civil court after that deadline expires.

How to Calculate the Value of Your Workplace Injury Losses

When you file a personal injury claim against an employer or a third party, you give yourself the right to request more damages than you might receive in a standard workers’ compensation claim. Workers’ compensation claims only allow you to secure economic damages based on the severity of your losses. A personal injury claim allows you to secure non-economic ones, too.

The economic damages you can request in a workers’ compensation personal injury claim can cover your:

• Post-accident medical expenses
• Living aids, including pain medication, mobility aids, and at-home care
• The restoration or replacement of property damaged in your accident
• Lost wages or opportunities to pursue alternative employment

These losses tend to generate bills. You can alternatively identify an accident’s economic impact on your life by pointing to a sharp decrease in your regular paycheck. As such, you can present these documents when you argue for your right to their applicable damages.

Non-economic damages do not generate bills but still have a quantifiable impact on your quality of life. The non-economic damages you can request in a workers’ compensation personal injury claim can cover your:

• Emotional distress
• Mental anguish
• Pain and suffering
• Wrongful death, if applicable

If you’re filing a workers’ compensation claim on behalf of a person who suffered a fatal workplace accident, you can discuss what the economic value of that wrongful death might look like based on state precedent and the severity of your loved one’s injuries.

Let a Workers’ Compensation Lawyer Tackle Your Case

Understanding the ins and outs of today’s workers’ compensation cases isn’t always easy. Between the nature of employees, independent contractors, and employers who want to protect their insurance premiums, many injured parties can see their requests for workers’ compensation wrongfully denied.

Fortunately, you have the opportunity to work with Triumph Law. Our workers’ compensation attorneys in California can walk you through the process of filing a workers’ compensation claim. We can also appeal a rejected claim or help you pursue a personal injury lawsuit if your needs aren’t met. Contact us online or by calling our office to learn more about our services today.