San Diego Work Injury Attorney

Whether you love your work or simply tolerate it, the bottom line is that your work exists to support you and your family. In no situation should your work make it more difficult for you to enjoy everyday pleasures or keep you from pursuing your goals. Unfortunately, workplace accidents can do just that. A simple, unexpected mishap can lead to years of suffering and can even prevent you from getting future jobs or achieving your career goals. Too often, these workplace incidents go without proper compensation, and victims are forced to cover the financial consequences of a workplace accident, even when the situation was not their fault. This adds insult to injury and can permanently alter the victim’s life.

Workers’ Compensation

The foremost way that victims can receive compensation for their injuries is through workers’ compensation. This program was set up to financially support workers after they have suffered an injury in the workplace. However, not all situations are eligible for workers’ compensation, and many workplaces make it difficult to receive payments.

If you or your loved one suffered an injury at work, you might wonder whether you are eligible to receive workers’ compensation. No matter how minor or severe an injury is, you may be entitled to receive benefits to help pay for lost wages, medical bills, and emotional suffering. Some people avoid seeing a workers’ compensation lawyer after suffering an injury at work because they are worried about the cost. At Mitchell Law Corporation, you will not pay a dime unless we recover benefits on your behalf. Schedule a free consultation with our team today to learn how we can assist you with your workers’ compensation claim.

What Type of Accidents Can Lead to a Workers’ Compensation Claim?

Workers’ compensation often feels complicated. Your eligibility will indeed depend on your particular circumstances, but this does not mean that the criteria are too complex to understand. On a basic level, any worker who is injured at work can potentially receive workers’ compensation payments. These situations include when a worker:

  • Is injured due to the negligence of another employee
  • Is injured due to unsafe working conditions or facilities that are not up to code
  • Is injured because a supervisor or manager asks them to participate in dangerous or illegal behaviors
  • Is injured in an equipment malfunction
  • Is injured through repetitive motion
  • Suffers mental health issues resulting from their job, including PTSD, anxiety, and depression

As you can see, the eligibility for workers’ compensation covers a wide area, and in many cases, workers can receive proper compensation. Contact a professional firm that can help you get the best outcome for your case.

Injuries That Aren’t Eligible for Workers’ Compensation

There are several situations in which workers’ compensation is not legally required. For these cases to occur, the incident has to have been caused by the employee, not by negligent behavior on behalf of the company. Some examples of situations in which the worker is not eligible for workers’ compensation to include if the employee was:

  • Fooling around, roughhousing, or otherwise acting dangerously
  • Under the influence of alcohol or drugs
  • Misusing company equipment or using equipment that they were not authorized to use
  • Not following standard safety procedures
  • In a restricted area or doing a job that they were not trained to do or asked to do

In these situations, the company is not required to provide compensation, as they were not at fault for the causes of the injury.

Premises Liability

A few aspects of workers’ compensation relate to the premises and are important to understand. Injuries obtained in the parking lot or on the grounds of the company are eligible for compensation. However, if the employee commutes to or from work or is out to lunch when the injury occurs, it is unlikely that workers’ compensation is warranted. In some cases, depending on the situation, off-the-clock lunch breaks taken on company property are outside the scope of workers’ compensation. There would have to be a very solid case in your favor for you to receive workers’ compensation for an injury that occurred during your lunch break.

Can You Sue Your Employer for a Work Injury? Challenges to Receiving Proper Compensation

Challenges occur when a workplace resists workers’ compensation claims. If a worker is harmed on their job site, a company holds liability and must admit that it allowed illegal or dangerous behavior to occur. Because of this, many companies try to blame the employee to avoid having to pay workers’ compensation. Workplaces may do this in several ways, including:

  • Requiring drug testing after an incident.
  • Asking an employee to sign a document freeing the company of responsibility.
  • Claiming that the worker was not following protocol at the time of the accident.
  • Using safety history as a sign that their procedures and machinery are safe, and the employee is to blame.
  • Firing the employee.

There are many other ways that an employer will try to avoid responsibility for an injury, which is why you must find a work injury lawyer to represent your case. Without proper legal representation, you are guaranteed to receive a smaller payout if you receive a payout at all. This means you will have to cover costly medical expenses and lost wages alone.

What to Do If You Are Injured at Work

It is important to know what to do if you are injured at work. By following a standard protocol, you increase your chances of proper compensation and ensure that you have done everything you can to receive what is owed to you. When you are injured, the first step is to seek medical care if the situation is dire. No amount of money is worth your health and safety, and serious injuries should always be addressed right away.

If the injury is not life-threatening, call your attorney. No non-essential action should be taken without first consulting your attorney. Generally, the first step we will walk you through is filling out a DW1 (a workers’ compensation claim form) to give to your employer. When this is completed, it’s important that you seek medical care as usual. Try to find high-quality care and get a thorough assessment of your injuries. Have a detailed discussion with your doctor about your diagnosis, if you can continue working, and when you can return to work if you need time to rest. All this information will affect your workers’ compensation payout, so get it in writing if you can. Your attorney will walk you through the next steps after your doctor has examined you.

Employment Protection

Many people feel scared that their employer may fire them for filing a workers’ compensation claim. While this certainly does happen, it is essential to know that the practice is illegal. According to the California Labor Code, an employer cannot fire an employee because they have been injured on the job.

What Workers’ Compensation Covers

Many people misunderstand the spectrum of workers’ compensation, what it includes, and how often workers are turned down for benefits – despite having fair claims. The sum of workers’ compensation payments varies from situation to situation, but they are designed to cover the specific needs of an injured worker. These payments can and should cover:

  • Medical expenses and bills
  • Bills for ongoing care or mobility accommodations
  • Wages lost while out of work for recovery
  • Funeral expenses in cases of wrongful death

The more severe your injury, the more money you are likely to receive. This is because your medical bills are likely to be higher, and you will probably take more time to recover and thus lose out on more wages. It’s important to note that your workers’ compensation should account for ongoing needs, not just immediate medical care. If you break a limb on the job and need surgery and then need physical therapy after the surgery, workers’ compensation should cover both.

It's important to remember that being turned down for workers’ comp doesn’t mean you won’t get benefits. You may need the help of an experienced employment attorney.

Disability Benefits

In some cases, a workplace injury is so severe that workers’ compensation is insufficient to support the employee through their healing. Occasionally, the severity of the injury prevents the worker from holding a job indefinitely. In these cases of serious injury or permanent disability, the worker is likely eligible for disability benefits through the state. In many cases, these benefits cover 52 weeks of your full wages. However, there are ongoing resources available for extreme cases. No matter your situation, know that there are resources available to you if you suffer a serious injury from work. Your personal injury attorney from Mitchell Law will be able to accurately assess your situation and discern what kinds of compensation or government programs may be available to you after workers’ compensation ends.

Mitchell Law: Your San Diego Work Injury Lawyer

The types of injuries that occur in the workplace can vary widely. Because all workplaces are different, and each job requires a unique set of skills and activities, injuries are often unique to the job being performed. Because all of these injuries are different, it is important to hire a San Diego attorney who fully understands workers’ compensation law complexities. Our experienced team has helped people from San Diego to Los Angeles recover benefits from a broad range of workplace injuries, including:

It is important to remember that it is worth exploring workers’ compensation for any injury resulting from your job. Workers’ compensation has been developed to ensure that workers are not taken advantage of or otherwise abused without repercussions. Do not hesitate to reach out to our team if you suspect you may be eligible for payments. There is no harm in having a discussion to understand whether you may have a case.

Providing Compassionate Representation For Migrant Workers Injured On The Job

Undocumented immigrants face unique and intense challenges as workers in the United States. Many undocumented immigrants mistakenly believe that they cannot receive workers’ compensation because of their immigration status, even if they are injured due to employer negligence. This is false. In California, migrant workers, including those who are undocumented, are eligible to receive workers’ compensation benefits if they are hurt on the job. However, because migrant workers face unique challenges to recover benefits, it is a good idea to speak with an attorney who will protect your rights. Our firm is experienced in helping migrant workers navigate California’s workers’ compensation system. We do not discriminate based on immigration or citizenship status, and we work diligently to keep you safe during the court process. We are committed to helping you recover all of the benefits that you are entitled to receive and believe that no employee who is injured at work should be ineligible for workers’ compensation.

Why Hire Mitchell Law?

Workers’ compensation can be a sensitive part of the judicial system. Many people working to receive workers’ compensation are in pain and are afraid of losing their health and their livelihoods. What’s more, these incidents often make workers afraid to go back to work or to find new work in their field. In some cases, there is PTSD or other trauma that comes with a workplace accident. At Mitchell Law, we understand that these cases are delicate. This is why we approach each workers’ compensation case with compassion, patience, and understanding. We fight diligently against your employer to ensure that you receive what you are owed but approach our clients with the understanding that this is a sensitive time.

Speak With A Board-Certified Workers’ Compensation Attorney Today

To schedule your free consultation with a skilled attorney, call us in Los Angeles, San Diego and Riverside toll free at 619-514-1556. You may also contact us via our website.

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