A serious work accident injury can leave you with a potential nightmare scenario: little to no income and hefty medical bills. An experienced Gardena workers’ compensation attorney can help you file a claim and get the benefits you deserve. The Dominguez Firm has been helping work accident victims for over 35 years. We know how to navigate the complex workers’ comp system.
If you or a loved one suffered a serious work injury, don’t deal with the tight deadlines and overwhelming paperwork on your own. Let us put our 96%* success rate to work for you. Call us today for a free consultation at (800)818-1818.
Workers’ Compensation vs. Personal Injury
Workers’ Compensation Claims
Workers’ compensation claims provide employees with financial security if they become injured on the job due to a workplace accident or illness. These claims are typically covered by state laws and funded by employers who pay into employee insurance plans. Generally, the money provided through these claims can help cover medical bills, lost wages, and funeral costs.
Unlike personal injury claims, workers’ compensation claims don’t usually require proof of negligence; the legal term for who caused the accident. They simply require proof that your injury occurred while performing duties related to your job. It also means your employer can’t be sued for damages caused by workplace accidents or illnesses. However, there are limits on how much you can receive from workers’ compensation claims and restrictions on which types of injuries or illnesses qualify for coverage.
Personal Injury Claims
If you were injured by a third party while on the job, you may have two cases, one for workers’ comp and another for personal injury. The personal injury case is also known as a crossover case. An example would be if you are injured in a traffic accident while making deliveries for your company.
In contrast to workers’ compensation claims, personal injury claims require proof of negligence to be successful. These types of lawsuits can provide victims with monetary awards for pain and suffering resulting from their injuries or illnesses and reimbursement for medical expenses and lost wages due to missed time at work. In rare circumstances victims may also seek punitive damages against the defendant if appropriate. Punitive damages are awarded to punish the defendant if their behavior has been particularly outrageous.
Unlike workers’ compensation claims, personal injury lawsuits don’t limit how much the victim can receive in compensation. Furthermore, even if a victim was partially responsible for his or her own injuries (such as in cases involving comparative fault), he or she may still be eligible to receive a certain percentage of the requested damages in California.
There are significant differences between these two forms of litigation, including who is responsible for paying out damages (employers versus other negligent parties), how much money an individual may receive (limited versus unlimited amounts), and what type of evidence is required (proof of employment-related injuries versus proof of negligence).
A Gardena work accident lawyer from The Dominguez Firm will let you know whether you have a workers’ comp case, a personal injury case or both.
What Are the Most Common Causes of Workplace Accidents?
Slipping or tripping is one of the most common causes of workplace injuries. This type of injury typically occurs when loose cords or mats are on the floor or when workers fail to take proper safety precautions when moving around their workspace. To reduce the risk of slipping and tripping hazards in your workplace, ensure that all cords are kept off the floors and away from high-traffic areas; check for any potential trip hazards like boxes or tools, and make sure everyone is wearing appropriate footwear with slip-resistant soles.
Another common cause of workplace injury accidents is unsafe machinery. Unsafe machinery can include anything from defective equipment to improper maintenance procedures. It’s vital to ensure that all machinery used in the workplace is properly inspected before use and that all workers are trained on how to safely operate it. Furthermore, employers should have regular maintenance checks done on their machinery to ensure its continued safe operation.
Lack of Safety Gear/Protective Equipment
Workers may also be at risk for injury if they don’t use proper safety gear or protective equipment while working with hazardous materials or heavy machinery. Employers should ensure that their employees have access to proper safety gear like hard hats, goggles, gloves, steel-toe boots, etc., to protect themselves in case of an accident. It’s also essential to provide training on properly using these items so workers know how to protect themselves from harm while working with hazardous materials or heavy machinery.
When to Hire a Workers’ Comp Lawyer in Gardena
Every worker’s comp case is different, but there are some situations where having an attorney can be especially beneficial. If your work injury is serious, don’t hesitate to hire a workers’ comp attorney. Another situation when it’s best to do so is when your employer denies your claim or offers lower-than-expected benefits. In these cases, you should seek legal advice to ensure that you receive the full compensation that you are entitled to under California law. An experienced workers’ comp lawyer should be able to review your case and provide advice on how best to proceed.
If your work injury is serious it can be difficult to navigate the complicated legal system without legal assistance from someone who knows how to advocate for their client’s rights. Having an experienced attorney by your side can make all the difference in getting the outcome you deserve for your work-related injury claim.
Finally, if there have been any complications related to filing paperwork or obtaining necessary medical information from doctors, then this could also indicate that seeking legal counsel would be beneficial for your case. A qualified workers’ comp lawyer will know state laws and regulations related to workplace injury claims and how to navigate any potential obstacles.
Why Choose The Dominguez Firm
Workplace accidents can happen to anyone. When they do, workers are often left with medical bills and no income. A workers’ compensation lawyer can help you file a claim and get the benefits you deserve. The Dominguez Firm has been helping work injury accident victims for over 35 years, with a 96%* success rate, and has recovered over $1 billion* for injury victims. Call us today at (800) 818-1818 for a free case consultation.
My experience was good. They made sure to kept me in the loop and made sure to let me know what was going on the whole time. My mom has used other attorneys and this experience was beyond better. I would definitely recommend them!
— Ashley Magana
The attorneys were always available and answered my questions. I would recommend them to anyone. Zoe is the best!
— Janet Salazar
My experience with The Dominguez Firm and the attorneys was really good. They were very informative and always returned my calls.
— Jocelyn Gonzalez