Workplace accidents can happen in almost any profession. While some jobs are inherently dangerous, even office and service-related positions carry risks that can result in serious injuries. When you are hurt on the job, understanding your legal rights is essential.
At Colvin Accident Lawyers, our experienced Bakersfield workplace accident attorneys help injured employees navigate both workers’ compensation claims and potential personal injury lawsuits. Knowing which option provides the best path to recovery can be complicated, and legal guidance can make a significant difference. Contact our firm today to discuss your case and learn how we can help.
California is a workers’ compensation state, meaning most employers are legally required to carry workers’ compensation insurance. This system allows employees to receive benefits for work-related injuries without having to prove that their employer was negligent.
Workers’ compensation benefits may include:
Medical treatment for work-related injuries
Temporary or permanent disability benefits
Partial wage replacement during recovery
However, workers’ compensation also limits recovery. Employees cannot seek damages for pain and suffering, and employers may have some control over medical providers and treatment plans.
In certain situations, filing only a workers’ compensation claim may not fully compensate an injured worker. A Bakersfield workplace accident lawyer can help determine whether additional legal options are available.
Workers’ compensation benefits are available even if an employee was partially or fully responsible for their own injury, as long as the injury did not result from illegal or reckless behavior.
After a workplace accident in Bakersfield, employees must:
Report the injury to their employer within 30 days
For cumulative or repetitive stress injuries, report within 30 days of becoming aware of the condition
Once notified, the employer should provide a workers’ compensation claim form. Employees have the right to:
File a workers’ compensation claim
Receive necessary medical treatment
Obtain temporary or permanent disability benefits
Consult and retain a workplace accident attorney
An experienced lawyer can ensure deadlines are met and benefits are not improperly denied.
While workers’ compensation generally prevents employees from suing their employer, it does not prevent claims against negligent third parties. A third-party workplace accident claim may be available if someone outside the employer’s control contributed to the injury.
Examples of third-party claims include:
Accidents caused by independent contractors
Injuries resulting from defective equipment or machinery
Slip and fall accidents on property owned by someone other than the employer
Motor vehicle accidents involving negligent drivers while working
For instance, an employee typically cannot sue a coworker, but they may be able to pursue compensation from a contractor, manufacturer, property owner, or driver. A Bakersfield workplace accident attorney can identify all potential sources of compensation.
Workplace injuries can occur in many ways, including:
Slips, trips, and falls
Lifting or overexertion injuries
Repetitive motion injuries
Exposure to hazardous materials
Machinery or equipment accidents
These injuries often result in medical expenses, time away from work, and long-term physical limitations.
If you were injured at work, you should not have to navigate the legal process alone. Choosing the right path—whether workers’ compensation, a third-party personal injury claim, or both—can significantly impact your recovery.
The attorneys at Colvin Accident Lawyers are committed to helping injured workers understand their rights and pursue the compensation they deserve.
Contact us today to schedule a consultation with a Bakersfield workplace accident lawyer.
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