File a Workers’ Compensation Claim
A work-related injury can be costly in more ways than one. Not only is it painful, but it can also affect you and your family emotionally and financially. Workers’ compensation is a form of insurance available to injured employees intended to help cover lost wages and medical expenses. However, in order to obtain workers’ compensation, the injured employee must waive his or her right to sue their employer.
In theory, this is meant to get injured worker’s the coverage they need immediately and without the lengthy and costly lawsuits. However, there are numerous problems that often arise such as settlement disputes, unfair compensation, or claim denial. If there is a dispute in your worker’s compensation settlement, our network of experienced Irvine workers’ compensation attorneys can help in Orange County, Los Angeles, Riverside, San Bernardino and San Diego, California.
In addition to helping solve your workers’ compensation claims, the Orange County personal injury attorneys at the Law Offices of Samer Habbas & Associates can help you determine if there are other possible remedies to your situation. Although you waive the right to sue your employer when you obtain workers’ compensation, if the injury was caused by a third-party there may be grounds for independent personal injury claims.
If you have been injured at work and feel as though you are entitled to better compensation than you have received, contact the personal injury attorneys at the Law Offices of Samer Habbas & Associates. To learn more or to schedule a complimentary consultation with one of our attorneys, please call 949-727-9300.
Third-Party Liability in a Work Accident
If you are hurt at work, but it was caused by a third party other than your employer or a co-worker, you may be able to file a claim against that third party. These are common when your employer regularly has contractors on the site or when you are that contractor out at a job site.
There are times when several different employers are on a job site. The more contractors present, the more communication and organization might be disrupted. Third-party negligence provides the grounds for a third-party liability claim.
These are entirely separate claims from any other workers’ comp claim you file. While a regular work accident claim is subject to the limitations of workers’ comp law, the third-party claim is not, which means that it can proceed like a standard personal injury lawsuit.
It’s important to note that third-party claims are worthwhile, as the damages you receive can be greater with personal injury claims than with those filed under workers’ comp. Contact the Irvine personal injury lawyers at the Law Offices of Samer Habbas.
What do Work Accident Attorneys in California Cover?
- Medical treatment related to your injury, including surgery, rehabilitation, physical therapy, and medications
- Temporary disability benefits if not able to work (as ordered by a doctor)
- Ongoing disability benefits for any lasting symptoms or limitations
- Retraining benefits
With the correct knowledge and experience, our Irvine attorneys will be able to help you with claims related to almost any type of work accident, including the following:
- Slip-and-fall accidents
- Repetitive motion injuries
- Motor vehicle and heavy equipment related incidents
- Factory accidents
- Construction injuries
- Fire or explosion related accidents
- Injuries resulting from unsafe work conditions
- Occupational disease and illness
- Truck accidents
- Scaffolding accidents
- Forklift accidents
- Auto accidents
- Toxic substances
- Disfigurements (loss of fingers or limbs)
- Falls from heights
- Burns or lacerations
- Products liability
- Premises liability
- Pedestrian accident
When Should I File a Workers’ Compensation Claim?
It’s important to be aware that in California, the statute of limitations for personal injuries is two years. That means if you were injured in a work-related accident, you have two full years from the date of the injury to file suit. By contacting an experienced Orange County work accident attorney early, you can ensure that your claim will be settled in due time.
It is also important to note that you are required to report your injuries to your employer within 30 days of the incident to remain eligible for workers’ compensation. It is then the job of your employer to ensure they file the claim with their insurance carrier within 10 days. If you feel that you have not been treated fairly following the reporting of your accident, you then have one year to file a workers’ compensation claim in California. Although this is separate from your personal injury claim, it is important to take these steps and meet the deadline as well.
Why Hire an Orange County Workers’ Comp Lawyer?
Workers’ compensation is much different than other personal injury cases. The road to receiving workers’ compensation from your employer’s provider following a claim can be difficult to navigate. Injured workers often encounter bad faith insurance in the form of denied claims, delays in payment, or requests for excessive amounts of proof for your injury. You may also experience issues with your employer attempting to block your claim or make it difficult for you to file.
Any injury, particularly a serious one, is extremely costly and can have a detrimental effect on your day to day life. Not only can medical expenses be exorbitant, but the time you need to take off work to recover can take its toll on your income. For these reasons, it’s vitally important that an injured worker receives the correct compensation, and a professional attorney can help you achieve that.
An Orange County workers’ compensation attorney will ensure that you are not taken advantage of. An Irvine work accident attorney will negotiate with your employer’s insurance company on your behalf to get you the most reasonable reward possible based on your injuries and other damages.
Contact an Experienced Orange County Work Accident Attorney
If you or a loved one has experienced workers’ compensation disputes or work-related injuries resulting from third-party negligence, you should discuss your legal options with an attorney as you may be entitled to compensation. The Law Offices of Samer Habbas & Associates work closely with highly-reputable Orange County workers’ compensation lawyers who can help you with your work accident claim. The Orange County personal injury lawyers at the Law Offices of Samer Habbas & Associates can then help determine if third-party liability applies in your case as well. With multiple offices located in Irvine, Los Angeles, El Segundo, San Diego and Riverside, our personal injury lawyers represent accident victims across Southern California. For more information or to schedule a complimentary consultation with one of our attorneys, please call 949-727-9300.