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Workers’ Compensation

San Diego Workers’ Compensation Attorneys

Workplace accidents are a common occurrence. In fact, according to research compiled by The National Institute for Occupational Safety and Health (NIOSH), an estimated 2.5 million workers were treated in emergency departments for workplace injuries in 2018. If you have been hurt in a workplace accident in San Diego, you may be entitled to compensation.

When you are injured in a workplace accident, you may worry about the future and wonder about what your next steps should be. Following an accident, it is important that you have the correct tools and resources at your disposal to get the best financial outcome. With an experienced personal injury lawyer on your side, you can focus on recovering from your injuries while your legal representative takes care of the paperwork and negotiations surrounding your case.

For top-notch legal representation, contact the skilled San Diego personal injury attorneys of OnderLaw, LLC. You can call us at (314) 963-9000 or contact us online to schedule a free consultation. Our firm does not require a fee unless we get compensation for you.

At OnderLaw, LLC, we know how important it is for you to focus on returning to health and life following a workplace accident. It is our sincere hope that our firm can make that transition easy for you by helping to secure the full amount of benefits payable to you.

Why Do I Need a Lawyer?

Following an accident, it is crucial that you contact an attorney as soon as possible. If you don’t get a workers’ compensation attorney right away, there may be filing deadlines you miss. Your lawyer can also be useful because they have experience with the claims process and the workers’ compensation system in California and know which steps to take and when.

A lawyer can be a great benefit to you and your case. An attorney can help you retrieve the documents and evidence necessary to create and file a workers’ comp claim. A lawyer can also and negotiate with insurance companies to recover the full amount of compensation owed to you as a result of your injuries or disability due to a workplace accident.

An attorney can alleviate the stress and headache associated with filing a workers’ comp claim. With a skilled lawyer on your side, you can focus on what’s important: getting back to health.

Why Choose OnderLaw, LLC?

The legal team at OnderLaw, LLC has nearly two decades of experience in personal injury cases in California and beyond. Our founder, James G. Onder, and his partners have worked in tandem to secure over $3.5 billion for the clients they’ve represented.

Additionally, many of OnderLaw, LLC’s partners are recognized by distinguished and respected legal organizations, such as Super Lawyers and Million Dollar Advocates Forum. Only a skillful minority (1%) of U.S. lawyers are members of the latter group.

With OnderLaw, LLC, you can rest easy knowing that you’re receiving top-notch legal representation. Our partners are knowledgeable about and experienced in workers’ compensation cases and are dedicated to serving justice to those who are injured in workplace accidents in the San Diego area.

We treat our clients like family. As a result, we will stop at nothing to ensure that they receive the full amount of compensation and benefits owed to them as a result of the injuries they sustained because of a workplace accident.

Causes of Workplace Accidents in San Diego

There are several reasons why a workplace accident might occur in San Diego. Some of the most common causes of workplace accidents are:

  • Overexertion
  • Slip/trip and fall
  • Fall from heights
  • Struck by equipment or objects
  • Heavy equipment accidents
  • Pinned by/between objects
  • Entanglement
  • Motor vehicle accidents
  • Repetitive motions
  • Explosions and fires
  • Electric shocks and electrocutions
  • Exposure to toxic substances

Common Injuries Suffered in Workplace Accidents in San Diego

Workplace accidents can result in severe injury and even death. Some of the most common injuries suffered at work include:

  • Fractured or broken bones
  • Deep lacerations or abrasions
  • Strains and sprains
  • Dislocations
  • Amputations
  • Neck and spine injuries
  • Traumatic brain injuries (TBIs)
  • Herniated discs
  • Paralysis
  • Nerve damage
  • Respiratory injuries
  • Vision loss
  • Hearing loss
  • Burns
  • Exposure diseases (such as pneumoconiosis or mesothelioma)

Compensation for Injuries Caused By Workplace Accidents

Compensation following a work-related injury may come in a variety of forms. Some of the most common types of benefits awarded to victims of workplace accidents include:

  • Medical Expenses. Your workers’ compensation coverage may include compensation for hospital visits, doctor’s visits, x-rays, and other costs associated with your recovery. You may also be eligible for mileage for travel to and from these medically necessary healthcare visits.
  • Lost Income. When your work-related injuries were significant enough to prevent your return to work for a time, you may be eligible for temporary disability benefits (TD). While TD benefits do not entirely replace your income, you will generally be able to get about the same amount of money you’d receive after taxes.
  • Partial income replacement. If you can only return to work on a part-time basis because of your work-related injury, you may be eligible for temporary partial disability benefits (TPD). TPD benefits are intended to make up some of the difference between your regular wages and the part-time wages you are able to earn during your recovery from the accident.
  • Disability. When you’re injured at work, the results may be permanent loss of function in some part of your body. Sometimes, you may suffer an injury that causes disfigurement of visible portions of your body, like your face, arms, or legs. Under California law, after your doctor finds that you have a permanent impairment, you may be eligible for permanent disability (PD) benefits, which are intended to compensate you for the loss of function or appearance you had prior to the accident.
  • Job displacement benefits. Under California law, if your injury prevents you from returning to your usual and customary line of work, you may be eligible for a supplemental job displacement benefit under the Return-to-Work Supplement Program. Under this program, approved applicants may receive $5,000. Check with your lawyer to see if you’re eligible for this program and whether or not other money may be available to you for retraining.
  • Death benefits. If you should die because of your work-related injury, death benefits may be paid to your spouse, children, or other dependents. Reasonable burial expenses can be paid, up to $10,000.

Of course, the full amount and types of benefits payable to you depend on the details of your injury and your specific case. For a more comprehensive understanding of the benefits available to you, contact a workers’ compensation attorney.

Proving Negligence in California

In California, workers’ compensation law operates on a no-fault system. This means that you can’t sue your employer for negligence following your development of a work-related injury or illness. The only exception to this rule is in the event that your employer doesn’t have workers’ compensation insurance coverage. In this case, you wouldn’t file a workers’ compensation claim, but instead, you’d file a personal injury claim against your uninsured employer.

In order to prove negligence in California, you’ll need to provide evidence that a third party is at fault for causing your accident. In order to do this, you’ll need to establish that their actions (or inaction) directly caused you to become injured. For example, if you were out making a delivery in a company vehicle and the vehicle malfunctioned, causing you to be involved in an accident, you might be able to sue your employer for negligence because they improperly maintained the vehicle or failed to replace a part that was recalled, if either of those circumstances were true.

Statute of Limitations on Workers’ Compensation Claims

In California, the statute of limitations on workers’ compensation claims is one year from the date of injury. If you fail to file your claim within this time frame, you could miss out on the opportunity to obtain benefits for your injury. This is one of the many reasons why it is important to seek legal counsel immediately following an accident. An attorney can help you create and file your workers’ compensation claim within the timeframe allowed to ensure that you can receive the full amount of compensation owed to you following an accident.

San Diego Accident Statistics

Workplace accidents occur every day in the United States. Here’s a glimpse into what the numbers look like in the state of California:

According to America’s Health Rankings, there were 2.9 occupational fatalities per 100,000 workers in California in 2020.

Data collected by the California Department of Industrial Relations, there were 483.3 non-fatal occupational injuries in 2019.

The U.S. Bureau of Labor and Statistics found that per 100,000 private industry employees, 102.1 workers were injured or became ill through work-related circumstances that required them to take time away from work in 2019.

Contact a San Diego Workers’ Compensation Lawyer Today

Have you been injured in a workplace accident in San Diego? It is important for you to know that you’re not alone. Contact the legal team of OnderLaw, LLC at (314) 963-9000, or contact us on our website to schedule a free consultation. You do not owe our firm a dime unless we get money for you.

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