San Diego Workers’ Compensation Attorney

Suffering an injury at work can turn your life upside down. Medical bills pile up, and missing work adds to the stress. If you were seriously injured on the job in San Diego, you’ll be looking to collect workers’ compensation benefits. These benefits can help cover your medical expenses and lost wages while you recover. 

The process, however, can be confusing and intimidating. Understanding it isn’t always easy, especially if you’re recovering from a serious injury. Even worse, employers and insurance companies may try to deny or limit your claim. That’s why having a skilled San Diego workers’ compensation attorney by your side is so important.

If you or a loved one were seriously injured while working, call The Dominguez Firm today for your free consultation at (800) 818-1818. Let us handle your workers’ compensation claim so you can concentrate on getting better.

Please keep reading for more information on workers’ compensation in California, your rights if you suffer a serious work injury, and how The Dominguez Firm can help you.

How Does Workers’ Comp Work in California?

California law requires most employers to provide workers’ compensation insurance for employees who get hurt or sick due to their jobs. This system is designed to protect injured workers, regardless of who was at fault.

If you’re injured at work, you may be eligible for the following benefits:

• Medical treatment – Covers doctor visits, hospital stays, surgeries, medications, and therapy.
• Temporary disability benefits – Payments if you can’t work due to your injury.
• Permanent disability benefits – Compensation if your injury causes long-term impairment.
• Job retraining – Helps workers who can’t return to their old positions due to injury.
• Death benefits – Financial support for families who lose a loved one in a workplace accident.

Key Workers’ Compensation Rules in California:

• You don’t need to prove fault – It doesn’t matter whether the accident was caused by you, a co-worker, or your employer. You can still receive benefits. There are rare exceptions, such as if someone injures themselves while intoxicated or assaulting someone.
• Employers cannot retaliate – Your boss cannot fire, demote, or punish you for filing a claim. Nonetheless, proving retaliation usually requires the assistance of an attorney.
• Denied claims can be appealed – If your claim is rejected, you have the right to challenge the decision.
• Report your injury quickly – You have up to 30 days to report your work injury, but you should not wait that long. Any delays in reporting can lead to problems with your claim.

Understanding your rights under California’s workers’ compensation laws can make a big difference in getting the benefits you deserve.

What Are Some Common San Diego Workplace Accidents?

San Diego has a diverse workforce. There are employees in everything from the government sector to hospitality. Although work accidents can happen anywhere, workers in certain sectors are much more at risk of serious accidents. These include those working in warehouses and on construction sites. 

Construction Accidents

Construction is one of the most dangerous job sectors. San Diego has a lot of ongoing development, from high-rise buildings in the Marina district to major roadwork improvement projects, such as the 805 freeway through Chula Vista. Common injuries in construction include:

• Falls from ladders, scaffolds, or roofs
• Heavy machinery accidents
• Electrocution from exposed wiring
• Being hit by falling objects
• Trench collapses and excavation accidents

Warehouse and Retail Injuries

San Diego has major warehouses, including Amazon fulfillment centers in Otay Mesa and big-box retailers. Employees often suffer injuries from:

• Lifting heavy objects leads to back and shoulder strain
• Slips and falls on wet or cluttered floors
• Forklift and equipment accidents
• Repetitive stress injuries from scanning or stocking

Healthcare and Nursing Injuries

San Diego is home to major medical centers like UC San Diego Health and Sharp Healthcare. Nurses and healthcare workers face risks such as:

• Lifting and moving patients can cause back and joint injuries
• Needlestick injuries and exposure to diseases
• Slips and falls in hospital settings
• Workplace violence from patients or visitors

Hospitality and Restaurant Accidents

With San Diego’s strong tourism industry, hotels and restaurants employ thousands of workers. Common injuries in these jobs include:

• Burns and cuts in restaurant kitchens
• Slip and fall accidents in hotel lobbies or dining areas
• Overexertion from lifting heavy trays or supplies
• Exposure to cleaning chemicals that can cause respiratory issues

What Should I Do If I’m Injured on the Job?

If you get hurt on the job, taking the right steps can protect your rights and strengthen your claim.

• Report the injury – Tell your employer immediately. Waiting too long can hurt your case.
• Seek medical treatment – See a doctor right away. Make sure to tell them your injury happened at work.
• Document everything – Keep records of your medical visits, accident details, and any communication with your employer.
• File a workers’ compensation claim – Your employer should give you a claim form. Fill it out and return it as soon as possible.
• Follow your doctor’s instructions – Attend all medical appointments and stick to your treatment plan.

If your employer or the insurance company denies your claim, you still have options. Workers’ compensation laws protect employees, but enforcing those rights can be challenging without guidance.

What Challenges Can Come Up When Filing for Workers’ Comp?

While California’s workers’ compensation system exists to help injured employees, the process isn’t always smooth. Workers often run into problems such as:

• Employers disputing injuries – Some may claim an injury was pre-existing or didn’t happen at work.
• Insurance companies delaying or denying claims – Insurers often require independent medical evaluations (IME) to dispute claims.
• Pressure to return to work too soon – Employers and insurers may push injured workers to return before they fully recover.
• Difficulty getting approval for medical treatments – Necessary treatments may be denied or delayed.

Workers in high-risk jobs like construction or healthcare face additional challenges.

Can I File a Workers’ Compensation Claim if I Am an Undocumented Immigrant?

San Diego has a large immigrant workforce, especially in industries like construction, agriculture, and hospitality. Many workers fear reporting injuries because of their immigration status.

In California, workers’ compensation benefits apply to ALL employees, regardless of immigration status. If you are undocumented, you still have the right to medical treatment and lost wage benefits if you were injured on the job. However, undocumented workers cannot receive vocational rehabilitation benefits if they are unable to return to work.

Employers cannot retaliate against workers for filing a claim. If you face threats or intimidation, legal protections are available and the workers’ compensation attorneys at The Dominguez Firm are well aware of them.

What Are San Diego’s Largest Employers and Related Workplace Injuries?

San Diego is home to many major employers across different industries. Some of the city’s largest companies include:

• Naval Base San Diego – Military and civilian workers face injury risks from heavy machinery, falls, and exposure to hazardous materials.
• Scripps Health and UC San Diego Health – Medical workers are prone to lifting injuries, needlestick accidents, and slip-and-fall incidents.
• San Diego Unified School District – Teachers, janitors, and school bus drivers can suffer injuries from falls, repetitive motion, or workplace violence.
• San Diego Metropolitan Transit System (MTS) – Bus drivers, train operators, and transit workers face increasing safety risks, including physical assaults by passengers, traffic accidents, repetitive stress injuries from long shifts, and exposure to harmful fumes.
• San Diego First Responders (SDPD, SDFD, EMTs, and Paramedics) – Police officers, firefighters, and emergency medical personnel face dangerous situations daily. Common injuries include:
  • Sprains, fractures, and burns from responding to emergencies
  • Vehicle crashes while on duty
  • Exposure to hazardous materials, smoke, and infectious diseases
  • Physical assaults from violent individuals during emergency calls

What if I Was the Victim of a Crime While Working?

Attacks against bus drivers, transit workers, and first responders have been rising in recent years. Assaults, robberies, and other violent incidents can cause serious physical and emotional injuries. If you are the victim of a crime while on the job, you have the right to workers’ compensation benefits since it is also considered a workplace injury.

In some cases, you may also be able to take legal action beyond workers’ compensation. If negligent security, unsafe conditions, or a failure to enforce safety policies contributed to the attack, you may have a case against your employer or another responsible party.

Workers’ compensation benefits for workplace crime victims may include:

• Medical treatment for physical and psychological injuries
• Lost wages if you need time off to recover
• Permanent disability benefits if the attack causes lasting injuries
• Coverage for therapy or counseling related to the incident

No one should feel unsafe at work. If you were assaulted or injured while performing your job duties, you have legal options to seek the support and compensation you deserve.

Regardless of your job, if you were injured while working, you may be entitled to workers’ compensation benefits.

What if Workers’ Compensation Doesn’t Cover All My Work Injury Expenses?

In some cases, workers’ compensation benefits may not fully cover all damages. If a third party, such as a subcontractor, equipment manufacturer, or property owner, contributed to the injury, an injured worker may be able to file a personal injury claim against them.

Personal injury claims allow for additional compensation beyond workers’ comp, including:

• Full lost wages and any future lost income
• Pain and suffering damages
• Compensation for long-term disabilities

Not all workplace accidents qualify for a personal injury claim, but in cases of negligence, it’s worth exploring all options.

The Workers’ Compensation Attorneys at The Dominguez Firm Can Help You

Getting hurt on the job is stressful, but knowing your rights can help you get the support you need. Whether you work in construction, healthcare, retail, or any other field, workers’ compensation benefits exist to help injured employees recover.

Understanding the claims process, knowing what benefits are available, and taking the right steps after an injury can make a big difference. If your claim is delayed or denied, there are options to fight back, and The Dominguez Firm can help. Call us at (800) 818-1818 for a free consultation today. We are here for you!