Have You Been Involved in An Injury at Your Workplace?
California Work Injury Lawyers Can Help Get You the Compensation You Deserve
Workplace accidents can occur in every setting and in every profession. Employees who are involved in accidental work-related injuries deserve workers’ compensation benefits. Injuries can range from very minor to extremely serious, including death. In the case of death, surviving spouses, children or other dependents receive benefits. However, it can be difficult to get a fair settlement offer from your employer’s insurer. Therefore, you should always consult a qualified attorney if you are filing a workers’ compensation claim.
The California work injury lawyers at Cramer & Martinez, LLP represent injured employees across all occupations, including those involved in field and factory jobs. Read our FAQS to learn what types of workers’ compensation benefits you are eligible for depending on your circumstances. Otherwise, if you need assistance with a workers’ comp claim, then contact us today to learn more.
When Is an Injury Covered by Workers’ Compensation?
The key to a workers’ compensation claim is that the injury or illness resulted from your job. The injury or illness could arise from:
- A single specific event, such as falling down your employer’s stairs and breaking your leg; lifting heavy boxes and hurting your back; getting your hand caught in factory machinery; or burning your skin in a chemical spill.
- Repetitive injuries and cumulative trauma, such as hearing loss due to constant loud noise; carpal tunnel syndrome from repetitive keyboard use; and lung disease caused by work-related asbestos exposure (occupational disease).
In addition, under California law, workers’ compensation covers some, but not all, psychological work-related injuries. Discuss your particular situation with our California work injury lawyers, who can handle your Santa Clara or San Benito County workplace accident claim.
Should I Notify My Employer About My Work Injury?
If you are injured at work, then you should notify your workplace management of the injury as soon as possible. It is best to record the event in writing and keep a copy of the report for your own records.
You should also file a claim for workers’ compensation as soon as possible. Urgency in this process will help ensure that your benefits will start as soon as possible. Each state has its own time limitations and filing requirements that need to be met if an individual is to pursue their rights. Consult with a work injury lawyer as soon as possible to find out what time limits apply to your situation.
What Are Third-Party Work Accident Cases?
Often, workers’ compensation insurance does not provide sufficient benefits for individuals injured on the job. New laws governing the California workers’ compensation process have restricted the types of benefits available to workplace accident victims. However, in many situations, injured employees can file both a workers’ compensation claim and a lawsuit against the responsible party if the responsible party is not the employer. This is a “third-party” case. Pursuing a third-party claim can result in additional compensation to the victim. If this is possible, then it is wise to file third-party cases by the work accident attorney at the same time as your workers’ compensation claim.
In serious injury cases, third-party financial compensation is often greater than what you could receive from the workers’ compensation system alone. In a third-party lawsuit, an employee injured in a workplace accident may be entitled to recover:
- Any medical expenses
- Lost wages
- Loss of future employment capacity
- Property damage
- Compensation for pain and suffering
These kinds of damages are not always covered by workers’ compensation claims, which usually limits benefits to medical expenses. However, the injured worker may recover disability compensation and personal financial compensation in cases involving permanent disabilities.
Call Our California Work Injury Lawyers in Gilroy, Hollister, San Martin, and Morgan Hill
If you or someone you know has been injured in a work-related accident, then contact one of our experienced attorneys to evaluate your case. We can guide you through every step in the workers’ comp claim process to get you the benefits you deserve. Discuss your particular situation with our California work injury lawyers; we can handle your Santa Clara or San Benito County workplace accident claim.
Fraud Warning: Any person who makes or causes to be made any knowingly false or fraudulent material statement or material representation for the purpose of obtaining or denying workers’ compensation benefits or payments is guilty of a felony.