Lawyer For Lawsuit Against Employer For Workplace Injury

Dangerous conditions can exist anywhere you work, and those in San Bernardino may be injured from a trip and fall, car crash, or some other accident during their work shift. Many people end up needing surgery, physical therapy, and other expensive treatments because of a work-related injury.

Per the laws in California, employees can apply for workers’ compensation for benefits like medical costs and up to two-thirds of their weekly wages. The work injury lawyers of DTLA have many years of experience in workers’ comp claims and appeals, and many of our clients speak Spanish as their primary language. If you need help filing a claim or suing for an accident on the job, don’t hesitate to call and talk to a Spanish-speaking worker’s compensation lawyer in San Bernardino County. Along with the city of San Bernardino, we serve clients in Fontana, Ontario, Victorville, Rialto, Hesperia, Chino, Barstow and many other communities.

Since 2020, the State of California has seen an average of over 650,000 first reports of injury (FROI) in its workers’ compensation information system. This number reflects all reports, including those from privately insured as well as state and local government claims. It is showing a consistent growth of half a percent annually. Private self-insured claims are increasing consistently as well. With population increases annually, it makes sense that both the workforce and the potential for injuries grows alongside of the various jobs and roles that need filled.

Another part of the ever-growing industry surrounding worker’s compensation insurance is the workers retaining legal counsel to ensure they get what they deserve and what is fair when they are injured. The worker’s compensation program is focused on providing coverage and benefits that are aimed at covering the costs of the needed healthcare, as well as a percentage of income when an employee is unable to work. There are other generous benefits provided by worker’s compensation, such as vocational training and disability payments. However, unlike personal injury cases, where an injured party can sue and win a settlement that will fully offset a lifetime’s lost wages or disability, there are some limitations on the settlements from worker’s compensation.

In general terms, you are not permitted to sue an employer for injuries you get while working. This is based on a couple of different things. Worker’s compensation is referred to as an exclusive remedy for workplace injuries. While similar to other types of insurance and bound by certain restrictions like policy limits, what it means is that an employee that is hurt at work and files a claim with worker’s compensation is not going to be permitted to file a personal injury lawsuit against their employer, or a property owner, for the same injuries and expenses. However, it does not preclude you from being able to file a lawsuit for items or money lost that isn’t covered by worker’s compensation. If your medical bills exceed the incident maximum, or you are permanently disabled and not able to support your family, or you are simply looking to recover the income lost because of work missed that isn’t paid by your company or worker’s comp insurance, the Normandie Law Firm wants you to know there are options available to you. We encourage you to call the legal team to review your worker’s compensation claim and discuss your case with a lawyer for a lawsuit against an employer for workplace injury.

The employer or property owner may have some liability regarding the circumstances or hazards that caused your injuries. This has the potential to provide grounds for your personal injury lawsuit. What this requires is the ability to prove that the other party is guilty of gross negligence. When you contact the Normandie Law Firm, we will arrange for a free initial consultation so that we can review your situation with you, gather the details of your incident, and understand how we can help you.

Our Recent Verdicts and Settlements

What Is Gross Negligence In California?
Legally defined, gross negligence is willful misconduct or a reckless disregard for the safety of others. The role that it plays changes the circumstances of your injury from accidental to purposeful and sometimes targeted to a specific employee or group to punish or frighten them. It is, at a minimum, a failure on the part of the employer or property owner to address a safety hazard that seriously injures someone by being overlooked or ignored. If gross negligence can be proven, the filing of a personal injury lawsuit is advised and can be winnable for the balance of your wages, as well as other costs such as pain and suffering.

What Are Some Examples Of Gross Negligence By An Employer?
Each job role and industry will have some very specific examples of gross negligence unique to the work being done. They have one thing in common, and as the definition says, it is willful behavior on the part of the organization. Every company has the responsibility to provide as safe a work location as it can, within the bounds of the role and the work itself. Some very basic examples of this include:

• Equipment that is dangerous to use in its present condition, which the company is aware of
• Neglecting to adhere or follow safety standards for the industry in question
• The failure to properly train an employee on the use or safe operation of equipment
• Not protecting from falling or losing footing due to a known hazard
• Use of defective or expired safety equipment or refusal to replace it

How Can I Tell If My Employer Is Guilty Of Gross Negligence
In our first meeting, you will be asked to share the facts about your injury and how it happened. We will discuss the parts that lead up to your accident, the injury details and your diagnosis, and any other information you believe is important. One of our primary goals in that meeting is understanding who might be responsible for the accident and where it occurred. While your company is going to be responsible for providing worker’s compensation insurance, any 3rd party that is involved needs to be understood and documented. We will review the questions on liability and responsibility as they may apply to the resolution process for your injuries. We will look to identify a situation where a personal injury lawsuit is a possible course of action for you and your family.

We will document the information and focus on explaining to you how the worker’s compensation program in the State of California is ready to go to work for you. No matter what, worker’s comp is going to help you get the medical bills and some of your lost income covered if you miss work because of your injury. Even if there is a potential for a lawsuit, consider taking advantage of the benefits available to you that cost you nothing.

What Are The Benefits Offered By The Worker’s Compensation Program In California?
Each employee who is covered by worker’s comp insurance may receive injury benefits that include:

• Up to 1 million dollars in medical care coverage for both hospital and doctor’s bills, the cost of medical devices like a cane, wheelchairs, braces, or crutches, your prescription medications, therapy, and rehabilitation, all on a per incident basis
• Any employee who is unable to return to work until they have recovered from their injuries may get up to 66% of their regular weekly income from the program to support themselves and their families
• If an employee suffers from severe harm and they have long-term limitations or disability due to a workplace injury, the program offers long-term disability payments
• If an employee has an injury that will stop them from returning to work in their current role, they will be eligible for free vocational training so they can get a new job

One critical detail about worker’s compensation we want you to understand is that you have a limited amount of time to get a claim filed worker’s compensation in the State of California.

What Is The Time Limit To File A Worker’s Compensation Claim in California?
In the State of California, the time limit to file a claim with the worker’s compensation insurance program is 30 calendar days. The time period begins on the date of the accident. If you wait longer than 30 days, your claim will be denied. This is a rule that is strictly enforced in California. There are some exceptions to that 30 day time limit for injuries that are a result of what is called cumulative trauma.

What Is A Cumulative Trauma Injury?
Cumulative trauma is defined as the cause of injuries that you have as a result of actions taken over a period of time. Most of the time, they are repetitive actions like the lifting of heavy items, leading to a back injury. If you are diagnosed with a cumulative trauma injury, you are still allowed to file a claim under worker’s compensation even though it didn’t just happen. The time limit to file a claim with worker’s compensation for a diagnosed cumulative trauma injury is 1 year, and it starts on the date of the first day of work you missed due to the injury or pain it is causing you.

What Am I Allowed To Sue For After My Worker’s Compensation Settlement?
As mentioned above, you are allowed to sue for any damages you have not already received compensation for. If you have received 66% of your weekly income, then you are limited to only the remaining 34%.

Below is a brief list of the common items that people seek damages for after a worker’s compensation claim is awarded.

• Personal clothing damaged or lost
• Tools or personal equipment that were lost in the accident
• Other lost income from a 2nd job or income from a family member who provide care
• Pain and suffering
• Out of pocket expenses for things like transportation costs, including parking
• Legal fees, if applicable

How Do I Know If My Injury Will Be Covered Under Worker’s Compensation?
Injuries that an employee suffers while at work and doing their job will typically be covered under the worker’s compensation program. There are some examples of injuries at work that would not be covered. They are generally found to not have been work related due to the actions of the employee. If an attempt at suicide, or being under the influence of alcohol is the cause of the injury, the worker’s compensation program will not cover the claim. Each company is required by law to purchase the worker’s comp insurance program and to pay the costs in order to provide the coverage for all employees. The employer, under penalty of law, is not allowed to prevent an injured employee from contacting the program for support or from filing a worker’s compensation claim for any injury that happens at work.

Normandie Law Firm Policy On Upfront Expenses
When you hire a Normandie Law Firm lawyer for a lawsuit against your employer for a workplace injury, you will not be charged any upfront legal fees before we litigate the case. If we fail to win your case, you will not be billed by Normandie Law Firm for that cost. Please do not hesitate to contact Normandie Law Firm with any questions or concerns you may have. We are ready to represent you in your lawsuit against your employer.

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