Stockton is a city located in San Joaquin County, with an estimated population of 360,000 residents. Around 40% of the population is employed, and they work in a variety of industries, such as manufacturing, retail, healthcare, food service, and warehousing. Many of these jobs come with a high risk of injuries, and this is why access to workers’ compensation is so important. If you are having trouble obtaining the benefits you deserve by law, you may need help from a work injury lawyer in Stockton.
Here at Normandie, we have a long history of working with victims of work-related accidents. You have the right to compensation from being injured at your job, and our attorneys are ready to guide you through the legal process one step at a time. We have a proven track record of successful WC claims and lawsuits, so you can count on us to obtain all the benefits you are entitled to.
While this article will provide you with helpful information, it is not a substitute for advice from a lawyer that specializes in work injury claims. Contact the offices of Normandie Law Firm and speak to one of our experts during a free consultation.
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Examples of Work Injuries
There is no limit to the injuries you can sustain, no matter what you do for a living. Employees can fall down from slipping on the floor, get into auto accidents, or suffer head trauma from falling objects. Granted, some industries do come with a higher risk of accidents, like construction, warehousing, and retail. Those who are on the road for much of the day, like delivery workers and truck drivers, can also be injured from a motor vehicle accident.
Common injuries that are associated with workplace accidents include:
- Bone fractures
- Joint dislocations
- Traumatic brain injury (concussion, for example)
- Torn ligaments and tendons (soft tissue injuries)
- Injury to the neck or spinal cord
- Knee injuries like patellar fracture and torn ACL or MCL
- Permanent nerve damage resulting in loss of function
- Herniated disc
- Deep lacerations
- First to third degree burns
Aside from the injury, we also have to consider the complications you can end up with, perhaps for the rest of your life. The medical bills associated with these accidents can be in the 5 to 6 figure range, and worker’s compensation is a vital resource for those who have been injured during the course of employment.
The Workers’ Compensation System in California
Workers’ comp is a form of insurance coverage that employers are required to provide in the event someone is injured on the job. With very few exceptions, all employees in California are eligible for WC benefits if they suffered an injury while performing a work-related task.
If you are injured at work, you must report the incident to your employer within 30 days. However, we suggest that you do this immediately to ensure that a claim is initiated right away. Your supervisor, HR department, etc. will provide you the paperwork that you need to fill out. After you are examined by your employer’s WC healthcare provider and the forms are completed, the insurance company will evaluate your claim and the available medical records. If the company approves your claim, you will be covered for expenses like medical bills and up to two-thirds of your average weekly pay.
You are not required to hire a lawyer in order to file a worker’s compensation claim. But many people run into problems that make it difficult to get a claim approved. If you suffered bodily harm at work and have questions or concerns about your rights, don’t hesitate to speak with a work injury attorney in Stockton.
Suing Your Employer after a Workplace Accident
Generally, workers that are eligible for WC cannot file a lawsuit against their employer. After all, the point of workers’ comp is to cover your medical expenses, lost wages, and other financial losses. Thus, suing your employer for compensation is double dipping, which is against the law.
However, you may have grounds to take legal action against your employer if your claim is denied. For example, you may be told by your employer or the insurance company that your claim is denied because your injury had nothing to do with your job duties. Other workers do not receive the full range of payments because there is a dispute over the severity of the injury and long-term complications.
Many incidents where a claim is unjustly denied involve discrimination and retaliation by the employer. If this is a factor in why your claim for benefits is denied, you have the right to file an employment rights violation complaint and/or lawsuit. So, this is another possible avenue that you can explore with our legal team during a free, private case review.
Those who were harmed by the employer’s misconduct can also file a lawsuit instead of or in conjunction with a workers’ compensation claim. In this type of scenario, your employer acted with the intention of harming you, like physical assault or purposely causing an accident or exposing you to a dangerous situation.
For a detailed explanation on suing a city of Stockton employer after being injured at work, give us a call at your earliest opportunity.
Compensation from a Workers’ Compensation Case
As someone who is entitled to workers’ compensation, you are likely to have questions about the payments you can receive. This will depend on many factors that have to do with your injuries and how they impact your ability to continue your job. To give you an idea of what is available, here are the possible categories of compensation:
- Cost of medical care
- Temporary disability
- Permanent disability
- Supplemental job displacement benefits
If the injured employee dies from the accident or as a result of their injuries, family members may be entitled to death benefits, such as income support payments and funeral expenses. You may also have the choice to sue an entity other than your employer, like a homeowner or business where you were doing repairs, making a delivery, etc. If you are eligible for a third party lawsuit, you can receive additional compensation, like pain and suffering, property damage, and emotional distress.
Help from a Work Accident Injury Attorney
A Stockton workers’ compensation lawyer is available to help you, 24 hours a day, 7 days a week here at Normandie Law Firm. Aside from legal advice and guidance, we are ready to offer you a Zero Fee Guarantee, meaning you will never pay out of pocket for legal services. We are a contingency based law firm, and that means we only get paid by bringing you compensation from a successful claim or lawsuit. Otherwise, we make absolutely nothing, and you are not responsible for a single penny in legal fees.
The process begins with a free case evaluation, which you can schedule by contacting us today.
