GET HELP FROM WEST COVINA WORK INJURY LAWYER, LEM GARCIA
In West Covina and throughout Los Angeles, work place injuries are very common. Thousands of workers suffer minor and serious injuries while on the job every year. Unfortunately, these workplace injuries can cause your temporary or permanent damage. After a workplace injury you probably have a lot of questions.
- How will my medical bills be paid?
- How will I provide for my family if I’m too injured to work?
- How will I work in the future if I can’t return to my job?
- How will I receive new job training?
This is a very short list of the possible questions you may have after a work-related injury. West Covina injury lawyer, Lem Garcia, can answer all of the questions you have and provide you with excellent legal help.
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After suffering an injury on the job, there are several important steps that you should take to build a strong case for yourself. Here is a list of the most important things you should do after a workplace accident.
- Get medical attention. Don’t neglect your health. Make sure you immediately get assistance even if you think you might only need it.
- Find witnesses. Determine who saw the accident and record their pertinent information.
- Report the accident. Make sure the company you work for has a record of the accident in their file.
- Indicate who your medical provider will be. Avoid the company doctor and see your own doctor. See a specialist if you need one.
- Determine who your employer’s workers’ compensation insurance carrier is and contact them ASAP if you will be out of work.
- File a Claim Form.
- Contact an attorney to discuss your rights and what your expectations should be.
- Save your documentation (medical bills, medical reports, claim form, wage records, correspondence with insurance company).
- Make sure you are being paid 2/3 of your gross weekly wage before deductions.
- Never sign a release until your case should be completely settled (you have reached maximal medical improvement).
- Keep track of your health condition after accident.
- Don’t discuss your case with anyone other than your spouse, doctor, and attorney. Recorded statements from insurance adjusters are not necessary.
Many people believe that they will only be able to recover workers’ compensation for their injury while on the job. This is true in many situations, but there are also many situations where this is not true. To discover if you can recover more than workers’ compensation from your work injury, you should speak to West Covina personal injury lawyer, Lem Garcia. However, here are a few examples where you can recover for more than workers’ compensation.
- If a defective product caused your injuries, you may have a product liability case against the manufacturer of the product. A product is considered defective when it is manufactured poorly, designed poorly, or has an inadequate warning.
- If a third party caused your injuries, you may have a tort claim/personal injury claim against the third party that caused your injury.
- If your employer’s intentional or egregious conduct caused your injury, you may have a tort claim/personal injury claim against your employer for their intentional and egregious conduct.
- If a toxic substance caused your injuries, you may have a toxic tort case against the manufacturer of the toxic substance.
Workers’ compensation does provide benefits, but it does not pay for pain and suffering like personal injury cases do. So it is important to know when you have more than a workers’ compensation case. The difference in your damage award can be quite substantial. Also keep in mind that you may be able to recover for Social Security Disability Insurance if your injury renders you disabled and unable to work.
If a defective product caused your injuries, you may have a product liability case against the manufacturer of the defective product. In this case, you would be able to recover workers’ compensation and personal injury damage. In addition to the workers’ compensation payment, your personal injury damages award can include the following:
Loss of Earnings/Loss of Earning Capacity
Loss of Consortium
Loss of Enjoyment of Life.
If a third party caused your injuries, you may receive workers’ compensation benefits and have a personal injury claim against the third party. For example if a pizza delivery man is rear-ended while making a delivery, workers’ compensation would provide payment for the employee’s medical bills, any out of pocket expenses, and a portion of lost wages. His workers’ compensation benefits would not provide payment for pain and suffering. To recover for pain and suffering the pizza delivery man would have to bring a personal injury claim against the third party.
If your employer intentionally or egregiously caused your injuries, you may have a personal injury claim against your employer, which would be outside the scope of the workers’ compensation system where you would potentially be able to recover more. Egregious conduct is conduct that is flagrant or exceptionally bad, which means that the employer’s actions were deliberate and certain to injury the employee. If you believe that you are a victim of your employer intentional or egregious conduct that caused your injuries, it is important that you speak to West Covina work injury lawyer, Lem Garcia to determine your rights.
If a toxic substance caused your injuries at work, you may have a personal injury claim against the manufacturer of the toxic substance and a workers’ compensation claim. Toxic substance claims do not only exist in factories and chemical plants – they can exist at any place of employment. Attorneys, doctors, retail salespeople can all have toxic substance claims if they are exposed to toxic substances while they are at work and it caused them injury. Common situations are exposure to paint fumes, asbestos, lead, pesticides, mercury, acids, etc. Your compensable pain and suffering may include brain damage, nerve damage, burns, rashes, throat injuries, lung injuries, and much more.
A workplace injury whether minor or serious leads to a variety of questions and concerns. Feel free to call me 24/7 with your questions and concerns about your workplace injury. I look forward to helping you get through this difficult time. I am a West Covina personal injury lawyer and I service Southern California.
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Lem Garcia | Law
1720 W. Cameron Ave., Ste. 210
West Covina, CA 91790
3281 E. Guasti Rd., 7th Floor
Ontario, CA 91761
(By Appointment Only)
17777 Center Court Dr.
Cerritos, CA 90703
(By Appointment Only)