Work Related Accidents
Sacramento Workers Compensation Attorney
Workers Comp. Litigation
What If You're Hurt And Can't Work?
An on-the-job injury can be:
- An accident where you're obviously hurt and need medical care
- A disease which develops later because of your work environment (e.g. cancer from working near asbestos)
- A condition that gradually develops from continuous trauma or repetitive stress or strain
Depending on the particular circumstances, on-the-job injuries can be covered by Workers' Compensation laws, by tort law or by both. An experienced personal injury attorney can decide on the most productive way to approach your case.
Workers' Compensation In California
Under the California Workers' Compensation laws, your only option is to file a workers' compensation claim for benefits before the Workers' Compensation Appeals Board.
- These cases are heard and decided upon by an administrative judge
- No jury is involved
Workers' Compensation laws provide benefits to you and your dependents if you've suffered injury or death because of your work environment.
The compensation may include:
- Medical costs - such as surgery, nursing care, hospital costs, dental work, crutches and orthopedic devices, hearing aids, chiropractic treatment, physical therapy, and prescribed medications
- Limited payments to replace lost income
- Vocational retraining
- Permanent disability compensation
- Death benefits
If you've incurred a serious injury, these benefits can easily be much lower than what you'd be entitled to under tort law. But in California, you can't usually sue your employer for on-the-job injuries. Therefore it's a good idea to buy some disability income insurance from a private insurance company.
On The Bright Side
Workers' compensation benefits are available even if you hurt yourself through your own mistake or negligence.
- Workers' compensation law is different from civil law, in that it doesn't try to decide whose fault the injury is. Rather, it focuses on the nature of your injury, on whether it was caused by something at your employment, and on possible remedies.
If your work injury was caused by somebody other than your employer, you can sue this other person (third party) under tort law. Examples of third party situations are:
- Traffic accidents
- Defective products
- Defective equipment
- Exposure to toxic substances
The Laws Are Complex
California Workers' Compensation laws can be confusing. Benefits are determined by many labor codes and laws.
Making a fraudulent workers' compensation claim is a felony subject to severe penalties.
Contact a workers' compensation attorney to obtain an analysis of your case. An experienced attorney can also help you gain better understanding of the California system and the Workers Compensation Appeals Board process. Greater knowledge usually helps to calm fears and give more confidence.
Every Injury Is Different
An experienced personal injury attorney or premises liability lawyer can assess the particular facts of your case and decide on the action that will lead to the best possible compensation for your injuries.
IF YOU OR A LOVED ONE HAS BEEN INJURED IN AN ACCIDENT,
IT IS IMPORTANT TO PROTECT YOUR LEGAL RIGHTS.
PLEASE CALL US TOLL- FREE AT 1-888-516-6262
OR CLICK HERE FOR A FREE CONFIDENTIAL CASE EVALUATION
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