Colton Workplace Injury Lawyer

When a severe workplace accident results in catastrophic injuries, overwhelming medical expenses, and future uncertainties, you need the support of a skilled Colton workplace injury lawyer to help you secure the compensation you deserve.

Workers’ Compensation

Workers’ compensation is a legal requirement for employers in the majority of states, including California. Labor Code Section 3700 explicitly obligates employers to offer benefits to employees who suffer injuries or illnesses that happen during or from their employment. These benefits include compensation for medical expenses, permanent and temporary disability, job displacement benefits, and death benefits. If you’ve been injured on the job, a skilled Workers Compensation Lawyer from Kampf, Schiavone & Associates can help you navigate your claim and ensure you receive the full benefits you’re entitled to.

Personal Injury Compensation

When an employee sustains injuries on a job site due to the actions or inaction of someone other than their employer, they may pursue a legal claim against a third party. For this to be successful, the injured employee must establish that the third party’s carelessness directly led to their injuries and financial losses.

While workers’ compensation provides coverage for medical costs and a portion of lost earnings, a lawsuit against a third party can mean potentially recovering damages such as:

• Current and future medical expenses
• Current and future lost wages
• Personal property damages
• Permanent injuries
• Diminished quality of life
• Pain and suffering
• Psychological distress
• Loss of companionship

Workers’ Compensation Versus Personal Injury Compensation

When comparing workers’ compensation and personal injury claims, the major distinctions are liability and recoverable damages. Workers’ compensation operates on a no-fault basis, meaning benefits are provided to injured employees regardless of who caused the accident. On the other hand, personal injury claims require proving that another party’s negligence or intentional misconduct directly led to the injury.

Common Types of Workplace Accidents

The U.S. Bureau of Labor Statistics reported that California had 363,900 nonfatal workplace injuries and illnesses in the private industry, higher than the national rate. Some of the most common types of workplace accidents are:

Vehicle-Related Accidents

Transportation is a private sector that contributes to a large number of reported injuries. Along with trade, utilities, education, and health services, it accounts for 48% of injuries. Colton’s nickname, “Hub City,” is due to the prevalence of transportation and logistics as major parts of the economy. Colton is near major railways and highways, like I-10 and I-215. In addition, 3,227 city residents work in the transportation and warehousing sector.

Workers can be run over or hit by a vehicle, struck by objects that were ejected from a vehicle, injured by forklifts, or hurt while operating a vehicle.

Construction Site Accidents

Construction sites are notoriously dangerous, especially while employees work in harsh weather conditions and use powerful tools and machinery. Common accidents include falls, being struck by falling objects or heavy machinery, electrocutions, or being caught between or under collapsing structures.

Slips, Trips, and Falls

Accidents that involve slips, trips, and falls can cause minor injuries like scrapes, sprains, cuts, or pulled muscles, as well as more serious injuries like head or back injuries and broken bones. These incidents commonly stem from spills, slippery or uneven floors, weather-related hazards, rugs, inadequate lighting, obstacles, and debris.

Machinery-Related Accidents

Machinery-related accidents could happen due to defective or improperly maintained machinery, as well as a lack of safety guards on the machine, insufficient employee training, and human error. People can sustain severe injuries from machinery-related accidents, such as lacerations, cuts, crushed limbs or other body parts, burns, electrical shocks, repetitive strain injuries, falls, and even amputations.

Chemical Exposure

Chemical exposures can cause immediate and life-long injuries, such as cancer or neurological disorders. These accidents can happen due to inadequate safety protocols, insufficient personal protective equipment (PPE), improper chemical handling, and poor ventilation.

How Can a Workplace Injury Lawyer Support You?

After a workplace injury, it is recommended that employees seek out legal counsel and request a consultation. This important first step involves a detailed review by the lawyer, where they collect details and evaluate your case. From there, a Colton lawyer can help you with filing claims, negotiating with insurance companies, handling denials and appeals, representing you in court, and acting as your advocate to ensure your rights are protected and you receive fair compensation.

FAQs

When Should I Hire a Workplace Injury Lawyer?

It is recommended that you hire a workplace injury lawyer as soon as possible after the incident. This will be beneficial for whichever route you decide to take, whether that be a workers’ compensation claim or a third-party claim. Your lawyer can ensure you understand the process and be there in situations such as disputed claims, employer retaliation, and insufficient settlement offers.

Can I Sue My Employer for a Workplace Injury?

Generally, you can’t sue your employer for a workplace injury. California law requires most employers to carry workers’ compensation insurance so that injured employees may receive benefits regardless of who was at fault for the injury. There could be exceptions to this general rule, such as if your employer intentionally caused your injury or failed to provide workers’ compensation insurance. It is recommended that you discuss your case with an attorney who can provide insight into your options.

What Does Workers’ Compensation Pay for?

Workers’ compensation pays for medical costs such as doctor’s visits, hospital stays, medications, surgeries, and any other related treatments. It provides wage replacement benefits, rehabilitation services like physical or occupational therapy, and death benefits to an employee’s surviving family members if the injury resulted in the employee’s death.

What Damages Can I Receive in a Personal Injury Claim?

In a personal injury claim, you may recover economic damages and non-economic damages. Economic damages are quantifiable financial losses such as lost income, medical bills, and property damage. Non-economic damages include other losses, such as emotional distress, pain and suffering, loss of life enjoyment, or disfigurement.

Contact a Colton Workplace Injury Lawyer Today

Following a severe workplace accident, it’s understandable to feel confused or helpless. However, reaching out to a reliable attorney can bring you peace of mind. At Kampf, Schiavone & Associates, we can navigate both workers’ compensation claims and personal injury claims. Contact us today, as time is a critical factor.