When you are injured in the workplace, it’s important to know your rights and assert them in a timely manner. Your first recourse is workers’ compensation, but your circumstances might also allow you to pursue a negligence lawsuit and recover full compensation. Since 1993, the Law Offices of John E. Hill, P.C. has helped clients obtain the full range of benefits and compensation they’re entitled to. Our knowledgeable attorneys evaluate your case for free and work aggressively towards the best possible outcome.
According to the Occupational Safety and Health Administration, the most common causes of workplace injuries in 2016 were:
OSHA rates construction as the deadliest occupation, and cites the leading causes of fatal injuries as:
However, workers also suffer disabling injuries from repetitive stress or exposure to toxic substances. Workers’ compensation covers all such injuries, provided they occur in the course of employment.
When you are hurt on the job, you should immediately notify your supervisor and get medical treatment. Workers’ compensation pays for emergency room visits as well as all reasonable and necessary medical treatment for a work-related injury. You must file a workers’ compensation claim within a reasonable time after your injury.
Workers’ compensation is a no-fault insurance program: you do not have to prove anyone was negligent to get coverage, and you are covered even if your own negligence caused the injury. However, employers and insurers often attempt to deny coverage on various grounds, such as:
If you encounter problems with your claim, you should retain an experienced workers’ comp attorney as quickly as possible. Remember, it is your legal right to file a claim. An employer cannot punish you in any way, let alone fire you, for asserting your rights.
This is an important question, because workers’ compensation only pays for partial wage replacement and does not compensate at all for pain and suffering. To obtain full compensation for your economic and noneconomic losses, you must file a personal injury lawsuit against the person who harmed you.
Unfortunately, in most cases workers’ compensation law protects your employer and your coworkers. However, if a third party who is not your boss or coworker acted carelessly causing you harm, you can sue for negligence. Third-party liability cases often arise on construction sites, where employees of different subcontractors often work in close proximity, and one worker’s mistake injuries another. Also, if you were injured by an unreasonably dangerous tool or machine, you could sue the manufacturer under a theory of products liability.
If you’ve been injured at work, you need to know your rights. Take advantage of a free consultation and case evaluation with an experienced injury attorney. Call the Law Offices of John E. Hill, P.C. today at 510-588-1000, or contact our firm online to schedule a free consultation. Located in Oakland, we represent clients throughout Northern California. Hablamos español.
"Intensely dedicated to getting the best results possible for me on several cases. John Hill tells you honestly and clearly the plusses and minuses of your case and makes sure you understand completely all options. He is completely professional and one of the most affable persons you will ever meet." - Dan Wilson
"They handled my case with no problem love how effective & efficient they were!" - Aja Jordan