Different jobs carry different risks. It can be as safe as sitting in an air-conditioned office behind a computer or as dangerous as doing construction on the roof of a 30-story open-aired building, being thrashed by a storm.
It is your employer’s responsibility to keep you safe on the job or cover your expenses if you get injured. Though the California Workers Compensation Act limits the types of benefits you can receive, you may still be able to pursue a personal injury lawsuit depending on the situation. This system can overlap and become very complicated. With an experienced San Diego work injury attorney by your side, you can get the most from your accident.
It is Your Employer’s Responsibility to Keep You Safe on the Job or Cover Your Expenses if you Get Injured. In Addition, Other Drivers and Employees of Other Businesses May Also be Responsible for Your Injuries. Filing a Claim can be Difficult. An Experienced Attorney Can Help.
Thousands of Americans and residents of San Diego are hurt in work-related accidents every year. In a 2009 report by the Bureau of Labor Statistics, approximately 3.3 million injuries were reported, and more than half were construction workers. Recent changes in laws governing employees in California have restricted the types of reparation available to injured victims.
Depending on the circumstances of the incident, injured employees may be entitled to benefits from a worker’s compensation claim, personal injury lawsuit, or both.
The California Workers Compensation Act states that businesses in San Diego are held liable if an employee is injured on the job and must provide medical compensation and income replacement.
However, this system is a double-edged sword. Though employees do not have to prove fault to get compensation from their employers, the insurance coverage that they do get often does not provide enough benefits for injured workers.
Personal Injury – Third-Party Damages
However, in many situations, injured workers can pursue both a worker’s compensation claim and a lawsuit against a responsible third-party responsible, if it is not the employer.
For example, if an employee is injured is hit on the job while driving a company car, the injured employee may be entitled to a personal injury lawsuit against the driver of the other vehicle. While pursuing this claim, he is still able to receive benefits through his employer’s workers compensation insurance. Pursuing a third-party claim can result in added compensation to the injured worker.
This is a problematic situation because the compensation that an employee receives from a third-party claim may negate a portion of the benefits from the workers compensation insurance.
Contact a Work Injury Attorney
With an experienced and capable San Diego work injury lawyer by your side, these issues can be resolved. Our attorneys will get the maximum amount of money for you to pay for the damages inflicted on you by the work accident and resolve issues between the third party, employer, and you.