Were you injured in a workplace accident in San Diego, CA? You could be entitled to benefits for medical bills, lost wages, and more through a workers’ compensation claim or personal injury lawsuit. An experienced San Diego workplace accident lawyer at Mission Personal Injury Lawyers can help you evaluate your legal options.
Our legal team has fought to get justice for workers injured on the job in Southern California since 2010. We’ve recovered tens of millions in compensation to help our clients get back on their feet again.
How Mission Personal Injury Lawyers Can Help After a Workplace Accident in San Diego
It seems like it should be easy to recover compensation if you’re hurt at work. Unfortunately, that’s not always the case. Your workers’ compensation claims could be denied. You could be forced to see a doctor who minimizes your injuries, or your benefits might not be what you expected.
You could also be entitled to benefits above and beyond what workers’ compensation offers. You deserve to know what’s fair. Our San Diego personal injury attorneys can make sure you get everything you’re entitled to receive.
You can count on Mission Personal Injury Lawyers to:
- Identify all possible sources of compensation, including a personal injury lawsuit
- Handle all paperwork and communications with the Division of Workers’ Compensation
- Assess the fair value of your injury claim
- Represent you in any appeals, if necessary
You’re already facing many challenges if you were seriously hurt on the job. Getting trusted legal guidance shouldn’t be one of them.
Our lawyers have 43 years of experience helping accident victims in San Diego, CA, get the money they need. Call our San Diego personal injury attorneys today to find out how we can help you fight for fair compensation.
How Common Are Workplace Accidents in San Diego?
OSHA data reveals that 5,333 workers died on the job in 2019. That’s about 15 workplace fatalities every day–many of them in the construction industry.
California reports some of the highest workplace deaths in the nation.
According to the California Department of Industrial Relations, 422 California workers died on the job in 2018 alone. Of course, nonfatal workplace injuries are even more common. Over 54,325 injured workers submitted workers’ compensation claims in San Diego County in 2019.
What is My San Diego Workplace Accident Case Worth?
Injured workers in San Diego have two primary options for recovering compensation: workers’ compensation and personal injury lawsuits.
Almost all workers are eligible for workers’ comp. The value of your workers’ compensation insurance claim will depend upon:
- The cost of your medical treatment and rehabilitation
- Your average weekly wages prior to the accident (you’re entitled to recover about ⅔ of your lost wages)
- The length of your disability
- Whether you’ll return to the same type of work
- Whether you’re able to work in any capacity while you recover
The value of your case often depends on whether you can file a personal injury lawsuit. You can’t sue your employer for damages under the California workers’ compensation system. However, you can file a lawsuit against a negligent third party if the accident wasn’t your employer’s fault.
For example, you may be able to pursue compensation from negligent:
- Property owners
- General contractors and subcontractors
- Third-party vendors
Filing a personal injury lawsuit, or third-party claim, can increase the value of your case. Your additional damages will depend on:
- The nature and severity of your injuries
- How the injury changed your daily life
- Your emotional and physical suffering
- Your out-of-pocket expenses related to the accident and injury
We can offer you more information about what your case is worth after we’ve heard your story. Sometimes, we’ll bring in experts and specialists who can help us more fully understand the extent of your injuries. To learn more, call today to schedule a free consultation with our lawyers.
What Types of Damages Are Available to Workplace Accident Victims?
Almost all injured workers are entitled to economic damages via the state workers’ compensation laws.
Workers’ compensation in California provides economic damages in the form of:
- Reimbursement for reasonable and necessary medical bills
- Temporary disability benefits
- Permanent disability benefits
- Job retraining benefits if you cannot return to your previous occupation
Work accident victims can only recover non-economic damages through a personal injury lawsuit. Non-economic damages compensate for the subjective losses caused by a serious injury.
Examples of non-economic damages include:
- Pain and suffering
- Emotional distress
- Disfigurement and scarring
- Anxiety, PTSD, or depression
- Loss of enjoyment of life
- Loss of consortium
It can be a struggle to get the compensation you deserve after a work injury. Our lawyers can help you through the complex claims process. Just give us a call today for a free case evaluation.
Can I Recover Damages If I’m Being Blamed for a Workplace Accident in California?
Workers’ compensation is a no-fault system. You can recover damages even if you’re responsible for the accident.
In the context of a third-party personal injury lawsuit, you’ll have to prove that someone else was liable for your injuries. If you were partly to blame, the comparative negligence law in California won’t bar you from recovering compensation. However, your damages will be reduced in proportion to your share of responsibility.
We’ll Fight to Recover Compensation for All of Your Workplace Accident Injuries
Dangerous work conditions can lead to almost any type of injury or illness.
However, some of the most common workplace injuries and occupational illnesses include:
- Brain injuries
- Spinal cord injuries
- Hearing loss
- Eye injuries
- Repetitive stress injuries, such as carpal tunnel syndrome
- Head and neck injuries
- Knee injuries
- Nerve damage
- Back injuries
- Broken bones
- Musculoskeletal disorders
- Crush injuries
- Respiratory illnesses, including asbestos, asthma, and COPD
- Wrongful death
Some people are fortunate enough to recover fully. Other workers are left to struggle with chronic pain and reduced quality of life.
What Causes Most Workplace Accidents in San Diego, California?
Depending on the nature of the job, work accidents can happen in a number of ways. About 21% of all fatal work injuries are in the construction industry. However, the workplace doesn’t have to be particularly dangerous for workers to be injured.
Some of the most common causes of workplace injuries include:
- Lack of proper safety protection
- Lack of fall protection on construction and job sites
- Transportation accidents
- Violation of state and federal safety regulations
- Lack of proper training or supervision
- Communication failures
- Failure to properly inspect or maintain work equipment
- Defective tools, equipment, or vehicles
At Mission Personal Injury Lawyers, our San Diego workplace accident attorneys handle all types of workplace injury claims, including cases involving:
- Falls from ladders and roofs
- Scaffolding accidents
- Slip and fall accidents
- Injuries caused by being struck by an object
- Repetitive stress injuries, including carpal tunnel syndrome
- Amputations and loss of limbs
- Injuries caused by heavy lifting
- Fires and explosions
- Exposure to toxic substances
- Motor vehicle accidents (car accidents, motorcycle accidents, truck accidents, etc.)
- Unsafe work equipment
- Workplace violence
Were you or a loved one injured at work? Call our law firm today to learn more about your legal right to compensation and benefits.
How Do I Prove Negligence After a Workplace Accident in California?
You don’t have to prove negligence to recover workers’ compensation benefits after a work accident. Workers’ compensation limits your ability to sue an employer for damages under California state law.
To succeed, you’ll offer proof about:
- The responsible party’s legal duty of care
- A breach of that duty
- Your damages
It’s a good idea to get started investigating your case quickly if you were hurt on the job. If you have questions, don’t hesitate to reach out for a free case review today.
How Long Do I Have to File a Lawsuit After a Workplace Accident in California?
You must report your injury to your employer within 30 days to preserve your right to workers’ compensation benefits. After that, you have one year to file a claim with the Division of Workers’ Compensation.
If you have a valid claim against a negligent third party, California’s two-year statute of limitations applies. You’ll have two years from the date of your accident to file a personal injury lawsuit.
Contact a San Diego Workplace Accident Lawyer for a Free Consultation
Hurt on the job in San Diego? A San Diego workplace accident lawyer can help you understand your legal rights.
At Mission Personal Injury Lawyers, we have over 43 years of experience helping clients like you. We’ll use that experience to fight for a fair settlement in your case. Call or contact us online to schedule a free consultation today.
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