Have you or a loved one suffered serious injuries in a workplace accident in San Diego, California? Workplace injuries affect tens of thousands of California residents each year. When an on-the-job injury occurs, a worker has the right to seek compensation.
Construction workers face one of the highest rates of work injuries, but a serious or even fatal work-related injury can happen in any occupation. Injured employees have the right to workers' compensation benefits, but additional compensation may be available through a third-party claim.
After your accident, a San Diego workplace accident lawyer can help you understand your legal options and pursue the fair compensation you deserve. At Berman & Riedel, LLP, we have the experience and skill necessary to provide you with sound advice on how to protect your legal rights. We can help you with your workers' compensation claim and any third-party claims, ensuring you are treated fairly and given the full benefits you are owed.
Contact our law firm today for a free consultation with a San Diego work injury lawyer to discuss your case and how we can help you.
How a San Diego Work Injury Lawyer at Berman & Riedel, LLP, Can Help You
After a work-related accident, you deserve an advocate to protect your rights and help you navigate the path ahead. The San Diego personal injury attorneys at Berman & Riedel, LLP are here to help you. We understand that workplace accidents can result in serious physical, psychological, and financial consequences. The difficult and possibly lengthy recovery process is daunting enough without mounting medical bills, lost earnings, and an employer or insurance company refusing to help.
Here is how our San Diego law firm will help you after your injury:
- Provide legal advice and guidance at every step of your case
- Identify third parties who may be liable
- Gather evidence that documents the cause of your accident and the severity of your injuries
- Assist you with filing your claim and gathering necessary documentation, such as medical records
- Represent you to appeal a denied claim or treatment
- Ensure you receive the benefits to which you are entitled
- Fight back against attempts to minimize the severity of your injuries or disability rating
- Negotiating a lump sum settlement when appropriate
- File a lawsuit against negligent third parties to pursue full compensation
At Berman & Riedel, LLP, our primary concern is to ensure that our clients are fully compensated for the physical and financial injuries they suffered. Our team of attorneys works with experts to determine the causes of workplace accidents. If a third party did cause the accident, our attorneys will work diligently to pursue a claim, and we will use their unique and extensive experience in litigating personal injury cases to maximize our client’s recovery.
Contact our law office in San Diego, CA, to schedule a free case review. We will listen to your story and help you understand your legal options.
Types of On-the-Job Injury Cases We Handle
At Berman & Riedel, LLP, we have experience handling cases involving all types of job-related injuries. Whether your injury occurred in a construction accident, through exposure to harmful substances on a job site, or in an on-the-job truck accident, our personal injury lawyers are here to help you. Below are common types of cases our law firm accepts.
Our law firm represents all injured workers. We routinely handle claims involving the following sectors:
- Agricultural workers
- Construction industry
- Transportation workers, including truck drivers and delivery drivers
- Warehouse workers
- Manufacturing industry
- Health care workers
Workers’ Compensation Claims Versus Civil Actions
An injured worker may be able to recover compensation after a workplace accident in two ways: through a workers’ compensation claim or through a personal injury claim, also known as a third-party action.
A workers' comp claim is almost always allowed, assuming the worker is covered by an employer's workers’ compensation insurance policy. An injured employee may only pursue a personal injury claim if someone outside of the workplace caused the injury.
Lawsuits against an employer are not allowed; lawsuits against a negligent third party are. Furthermore, a workers’ compensation claim is filed with a workers’ compensation insurance company, whereas a personal injury lawsuit is filed directly against the at-fault party in civil court.
These two claim types also differ in the types of damages or compensation available to injured workers.
Workers' Compensation Insurance: The Primary Source of Compensation for Injured Workers
The workers' compensation system in California is designed to provide financial support and medical care for employees who suffer work-related injuries or illnesses. Under California law, most employers are required to carry workers' compensation insurance, which covers medical expenses, rehabilitation costs, and a portion of lost wages due to an injury. This mandatory coverage is essential to ensure injured workers receive prompt and appropriate care without the burden of proving fault.
In California, almost all employers are required to carry workers' compensation coverage if they have one or more employees, although there are some exceptions.
This system benefits workers and employers. Employers are protected from lawsuits by injured workers, even in cases of gross negligence, and employees can claim workers' compensation benefits regardless of who was at fault. The only exception in which an employer can be sued for a workplace injury is when it was a result of the employer's egregious, intentional conduct, and this is rare.
Third-Party Actions in Work Injury Cases: Who Might Be Liable?
If a third party caused your injury, you may have a personal injury claim against this third party in addition to a workers' compensation claim. Examples of third parties who may be held liable for a worker’s harm include:
- A property owner who failed to maintain the property in a safe condition, causing an injury,
- A negligent motorist who struck an employee during the course of his or her employment,
- A careless contractor or client who causes injury through a mistake like improper loading,
- The manufacturer or distributor of defective equipment in a product liability claim, or
- The manufacturer of a defective and dangerous substance, such as a toxic chemical
For example, in construction accidents, workers frequently sustain injuries in accidents involving heavy machinery. Sometimes these construction injuries involve inadequate machine guarding or poor training. However, they can also be caused by defective machinery that acts in an unexpected or dangerous way.
Dangerous equipment may include a nail gun with a dysfunctional safety mechanism that does not stop nails from firing like bullets at the wrong time. It can also involve machinery that starts or stops unexpectedly.
Proving Liability in Third-Party Workplace Accident Cases
To recover damages through a third-party claim, you must establish liability or legal responsibility for your workplace injuries.
Most cases involve negligence. To prove negligence, you must prove:
- The third party owed you a duty of care,
- This duty of care was breached,
- The breached duty caused your injury, and
- You suffered damages as a result
- In a product liability claim, a manufacturer can be held strictly liable for dangerous products even if they were not negligent or careless. You must establish:
- The defendant manufactured, designed, sold, or distributed the product,
- The product had a design, manufacturing, or warning defect when it left the defendant's control,
- You used the product in a reasonably foreseeable manner, and
- You suffered injury as a result of the defect
Damages Available for a Workplace Injury
The damages you can recover after your accident will depend on whether you are limited to workers' compensation or have a third-party liability claim.
In a workers’ compensation claim, you can receive benefits to cover lost wages, medical care, and vocational training. You cannot recover non-economic damages like pain and suffering through workers' comp.
In some cases, a worker may recover compensation through both a workers’ compensation claim and a third-party liability claim. To understand when this is possible and the amount of benefits recoverable, a consultation with a personal injury attorney is key.
Workers' Compensation Benefits in San Diego, CA
In California, workers' compensation benefits are designed to provide injured employees with essential support for their recovery and financial stability. The primary types of benefits available under workers' comp insurance include:
- Medical benefits: Coverage for all necessary medical bills related to the injury, including surgeries, medications, physical therapy, and rehabilitation services. This ensures that injured workers receive the appropriate care to facilitate their recovery.
- Temporary disability benefits: Compensation for lost wages during the recovery period when an employee is unable to work due to their injuries. These benefits are typically calculated as a percentage of the worker's regular wages.
- Permanent disability benefits: Payments awarded to workers who suffer lasting impairment resulting from their injuries, impacting their ability to work. The amount and duration depend on the severity of the disability and its effect on the worker's earning capacity.
- Vocational rehabilitation benefits: Services aimed at helping injured employees return to work or transition to a new job if they are unable to return to their previous position. This may include job training, counseling, and assistance with job placement.
- Death benefits: Financial support provided to dependents after workplace fatalities. These benefits cover funeral expenses and provide ongoing financial support to the deceased employee's family.
A San Diego workers' compensation lawyer can help you understand the benefits you may be entitled to receive in your workers' compensation case. As a general rule, benefits last up to 104 weeks (two years) for temporary disability and up to 240 weeks for more severe injuries. However, workers are eligible for permanent disability benefits that last decades or a lifetime if they suffer injuries so severe they will never recover.
Damages in a Third-Party Personal Injury Claim
A personal injury lawsuit allows you to recover compensation for all the economic losses above, but it can also result in damages for mental anguish, emotional distress, physical pain and suffering, and other non-economic damages. You may also recover money for losses that aren't otherwise covered by workers' compensation.
In a case involving wrongful death, spouses may be entitled to bring a survival action as well.
Punitive or exemplary damages, or damages designed specifically to punish the defendant, may also be available when there is clear evidence that the defendant caused the plaintiff harm maliciously.
California Workers' Compensation Claims Process
The workers' compensation claims process in California is structured to help an injured employee receive the necessary support and benefits following a work-related injury or illness. Here’s a step-by-step guide to navigating the claims process:
- Report the injury: Notify your employer about the injury or illness as soon as possible. You must report the incident within 30 days to be eligible for benefits.
- Obtain a claim form: Your employer is legally required to provide you with a DWC-1 claim form, which you should fill out accurately.
- Complete the claim form: Fill out the DWC-1 form and provide details about the injury, including how it happened, and submit it to your employer. Ensure you keep a copy for your records.
- Employer response: Your employer must provide you with a copy of the completed claim form, and they must report it to their workers’ compensation insurance company within 5 days of receiving the claim.
- Receive initial medical care: While awaiting a decision from the insurance company, they will be responsible for up to $10,000 in medical bills. During this time, you should begin medical treatment in addition to emergency care.
- Insurance carrier review: The insurance company will review the claim and determine if it is valid. In most cases, a claim is assumed to be accepted if it has not been denied within 90 days.
- Medical evaluation: If the claim is accepted, you may need to see a healthcare professional for an evaluation and treatment. The employer’s insurance usually dictates which medical providers you can see.
- Benefits processing: If you qualify for benefits, the insurance company will begin processing your medical expenses and any wage loss benefits within a reasonable timeframe.
- Dispute resolution: If your claim is denied or you disagree with the benefits provided, you can dispute the decision. This may involve filing an "application for adjudication of claim" with the California Division of Workers' Compensation.
- Settlement: In some cases, you may reach a settlement with the insurance company, which can cover medical expenses, lost wages, and potentially additional damages, depending on the circumstances.
The process for receiving workers' comp benefits can be complex and time-consuming. If you miss important deadlines, you may lose your right to benefits. An experienced workers' compensation attorney in San Diego can help you with your initial claim and represent you if you need to appeal a denied claim. Your lawyer will make sure your rights are protected so you receive the full benefits you are entitled to.
Contact a San Diego Workers’ Compensation Attorney Today
If you have been injured on the job, it's important to consult with an experienced San Diego workplace accident lawyer as soon as possible. Our law firm is ready to help you protect your right to fair compensation and understand your legal options.
Contact Berman & Riedel, LLP, today to schedule a free consultation at our San Diego office or over the phone. We accept cases throughout California.
