Did you sustain a work-related injury or illness in San Diego, CA? An experienced San Diego workers’ compensation lawyer can help you file a workers’ compensation claim and determine whether you’re eligible to file a personal injury lawsuit.
Our lawyers at Mission Personal Injury Lawyers have been fighting on behalf of injured workers since 2010. We’ve recovered tens of millions of dollars in compensation for work accident victims like you in cases involving car accidents, El Paso truck accidents, motorcycle accidents, pedestrian accidents, El Paso workplace accidents, and more.
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How Mission Personal Injury Lawyers Can Help With a San Diego Workers’ Compensation Claim
The California workers’ compensation system provides financial assistance to injured workers. You don’t have to prove negligence to recover benefits. In fact, you’re entitled to benefits regardless of fault.
Still, the law tends to favor employers. The insurance company won’t always make it easy to get the benefits you deserve. Your doctor might even pressure you to return to work before you’re ready.
- Help you file your initial workers’ compensation claim
- Handle any disputes about your benefits
- Assess the fair value of your claim
- Defend you if your employer claims your injuries weren’t work-related
- Evaluate your right to file a personal injury lawsuit
- Handle all negotiations with the insurance companies
Our San Diego personal injury lawyers have over 43 years of combined experience fighting for clients like you. We’ve been listed as Super Lawyers, Rising Stars, and Best of the Bar. We also have a 99% success rate for the cases we handle.
Are you ready to learn more? Call for a free initial consultation today.
How Common Are Work-Related Injuries and Illnesses in San Diego?
According to Bureau of Labor Statistics data, approximately 2.7 million nonfatal workplace injuries and illnesses were reported across the U.S. in 2020. That’s a significant decline from the 2.8 million cases reported in 2019.
However, work-related illness claims more than quadrupled to 544,600 cases in 2020. Many of those work-related illness claims involved respiratory diseases, including COVID-19.
California workers certainly aren’t immune to the trend. At least 645,409 workers’ compensation claims were filed in California during 2020, according to California Department of Industrial Relations reports. Over 48,850 workers filed workers’ compensation claims in San Diego County alone.
What is My San Diego Workers’ Compensation Case Worth?
California employees aren’t permitted to sue their employer if they’re injured on the job. Instead, workers must rely on California workers’ compensation benefits during their recovery.
The value of your workers’ compensation case will depend on:
- The severity of your injuries
- The cost of your medical treatment
- The duration of your recovery
- Whether you can work in a limited capacity during recovery
- Whether your disability is permanent
- Your average weekly wages prior to the disability
- The identity of the responsible party
Under California workers’ compensation laws, your wage replacement benefits are limited to ⅔ of your average weekly wages before the accident. However, state law also caps your cash benefits at $1,356.31 per week in 2021.
You may be entitled to additional damages, depending on the identity of the responsible party. If someone other than your employer or co-worker caused the injury, you might be entitled to sue for additional damages.
What Types of Workers’ Compensation Benefits Are Available to Workplace Accident Victims?
The damages available under California workers’ compensation laws include:
- All reasonable and necessary medical costs
- Temporary disability benefits
- Permanent disability benefits
- Supplemental job displacement benefits
- Death benefits for survivors of fatal work accident victims
Nearly all employees are entitled to full reimbursement for the cost of medical care. The type of disability benefits you receive will depend on your level of impairment.
Temporary disability benefits are available if:
- You’re unable to perform your usual work for at least three days, or
- You’re hospitalized overnight
However, you’re only entitled to temporary total disability benefits if your employer doesn’t offer you work that pays your usual wages while you recover. If you can provide some work while you recover, you may be entitled to temporary partial disability benefits.
You may be entitled to permanent disability benefits if your injury or illness impairs your ability to earn a living. That’s true even if you can return to some type of work.
Almost every employer in California is required to carry workers’ compensation insurance. If a negligent third party caused your injury or illness, you might be able to file a third-party claim for additional damages.
Surviving spouses, children, and dependents of fatal work accident victims are entitled to claim death benefits.
Those benefits include up to $10,000 to cover funeral and burial costs. Survivors will also receive weekly payments at the victim’s total temporary disability rate. The maximum depends upon the number of surviving dependents (up to $320,000 for three or more surviving dependents).
Damages Under California Personal Injury Laws
If a negligent third party caused your work-related injury or illness, you may be entitled to additional damages under California personal injury laws. Filing a third-party claim gives you the right to cover non-economic damages for your physical and emotional suffering.
Victims are entitled to the same types of damages that are available to any car accident or truck accident victim, including:
- Past and future medical expenses
- Lost wages
- Reduced future earning potential
- Property damage
- Pain and suffering
- Mental anguish
- Diminished quality of life
- Physical disfigurement and scarring
- Anxiety, depression, and PTSD
- Loss of consortium
It’s important to get the maximum compensation you deserve if you’re struggling with a serious injury. Our San Diego workers’ compensation attorneys have been handling cases like yours for over 43 years. You can rest assured that our law group will evaluate every option for maximizing your financial recovery.
We’ll Fight to Recover Compensation for All of Your Workplace Injuries and Illnesses
Our lawyers in San Diego regularly represent clients who have sustained all types of work injuries and illnesses, including:
- Brain injuries
- Spinal cord injuries
- Head and neck injuries
- Back injuries
- Organ damage
- Broken bones
- Burn injuries
- Soft tissue damage
- Repetitive stress injuries
- Respiratory diseases and lung damage
- Musculoskeletal disorders
- Catastrophic injuries
- Certain psychological conditions
- Wrongful death of a loved one
At Mission Personal Injury Lawyers, we’ll fight to recover every dollar you deserve. All you have to do is call our law firm to schedule a free case review when you’re ready to learn more.
What Causes Most Workplace Accidents in San Diego, California?
Any type of work environment can be dangerous if conditions are right. Some of the most common causes of workplace injuries and illnesses in San Diego include:
- Scaffolding accidents
- Falls from heights
- Motor vehicle accidents
- Slip and fall accidents
- Unsafe work conditions
- Dangerous or defective work equipment
- Lack of proper safety protection equipment
- Construction site accidents
- Fires and explosions
- Accidents involving being caught between two objects
- Exposure to harmful substances
- Repetitive motions
- Lifting heavy objects
- Failure to follow OSHA safety regulations
- And more
Note that you’re entitled to workers’ compensation regardless of your occupation. In other words, you don’t have to be injured on a dangerous construction site to qualify.
Am I Required to Prove Negligence to Claim Workers’ Compensation in California?
Workers’ compensation is a no-fault system. In other words, you don’t have to prove negligence to file a claim for benefits.
To receive workers’ compensation, you must typically prove:
- You were an employee
- You were injured in the course of employment
- Your injury or illness was caused by something on the job
Note that you may be entitled to benefits even if an illness or injury developed gradually over time, rather than in a single work accident.
How Long Do I Have to File a Workers’ Compensation Claim in California?
To protect your right to workers’ comp benefits, you should report your injury as soon as possible. It’s important to tell your employer about the injury or illness within 30 days. After that, you have one year to file a formal claim with the Division of Workers’ Compensation.
If you’re eligible to file a third-party claim, the statute of limitations in California gives you two years to file a personal injury lawsuit.
Contact a San Diego Workers’ Compensation Lawyer for a Free Consultation
Were you or a loved one injured on the job? Call a San Diego workers’ compensation lawyer at Mission Personal Injury Lawyers to schedule a free case evaluation today. We can help you fight for the fair benefits you deserve.