San Diego Work Accident Attorneys
Workplace Accidents & On the Job Injuries
Thousands of Americans and residents of San Diego are hurt in work-related accidents every year. Recent changes in laws governing employees in California have restricted the types of reparation available to injured victims.
According to a report by the BLS‚ there were 2‚976‚400 cases of workplace injuries and illnesses in the United States in 2012.
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.
Workers’ Compensation in California
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 San Diego Work Injury Attorney
Retaining strong legal representation is the most effective way to resolve workplace injury issues and secure the compensation you need. Call the Jurewitz Law Group | Injury & Accident Lawyers today and discover the many legal options you have available. The number to dial is (888) 233-5020.
- Diseases & Injuries – The National Institute for Occupational Safety and Health (NIOSH)
- OSHA Worker Rights and Protections – Occupational Safety and Health Administration
- What are your rights as a worker? – California Department of Industrial Relations