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Workplace Accidents

Oakland Workplace Accident Attorneys Protect Your Rights Accomplished Lawyers for Workers’ Compensation and Personal Injury Claims

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.

Common Workplace Accidents in California

According to the Occupational Safety and Health Administration, the most common causes of workplace injuries in 2016 were:

  • Falls, slips, or trips
  • Impact of equipment or another object
  • Overexertion
  • Bodily reaction (as in stopping oneself from falling after a slip)

OSHA rates construction as the deadliest occupation, and cites the leading causes of fatal injuries as:

  • Falls
  • Impact of an object
  • Electrocution
  • “Caught-in/between” (a category that includes being crushed by equipment or collapsing structures)

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.

Filing for Workers’ Compensation in California

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:

  • Alleging the injury was not work-related — Injuries must occur “in the course of employment” and “arise out of employment.” In other words, you have to be injured while you are engaged in some activity that benefits your employer. You could also be disqualified if you were engaged in horseplay, were intoxicated, or intentionally harmed yourself.
  • Alleging the worker is not eligible for workers’ comp — Worker’s comp is for employees; if you are an independent contractor, you are not covered. However, employers often misclassify workers to avoid coverage, so even if your boss says you’re a contractor, you might qualify as an employee based on your job description.

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.

When Can a Worker Sue for a Workplace Accident?

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.

Speak to Our Personal Injury Attorneys Today About Your Case

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.

Client Reviews
“I live on the east coast. I needed a lawyer to represent me in a personal injury suit. Never having been involved in lawsuit before, I didn't know what to expect. I selected John Hill based upon my research of Bay area attorneys and was not disappointed. He and his staff were very easy to communicate with despite the distance and 3 hour time zone difference. They are knowledgeable and have a huge base of experience. Most of all, I was always treated with kindness and respect as we moved through the process. Needless to say, I am extremely satisfied with my settlement. Without reservation, I give my whole hearted recommendation to Mr. Hill and his staff.” Cathy Walls
“Intensely dedicated to getting the best results possible for me on several cases. John Hill tells you honestly and clearly the pluses 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
“I was represented by INNA BIMITS in a workers compensation case. She is the BEST!!! I couldn’t have had a better attorney than her. I highly recommend her to anyone in need of a workers compensation case. Her Assistant’s were very nice, helpful, and returned my calls right away. It was a long process but they were with me through it all. They were very patient with me explaining every process and gave me great advice. Inna gave me the best results possible and I am very pleased with her representation. Hiring her was the best decision ever.” K.C.
“Exquisite advice with Worker’s Compensation Case! This law office, all support staff, and assistants are responsive and helpful. I especially appreciate the legal advice and clarifications I received from Joanne Helvig, Esq. She is an excellent lawyer, fights hard, is thorough, provides great attention to every detail, sorted through financial bills, and got me through a long legal battle. I appreciate this great lawyer. As an injured worker, I got what I needed.” M.R.