The workplace can be hazardous for many people. While some jobs are inherently dangerous, even occupations that may not seem overly risky still have the potential for accidents and injuries. When you are injured in a workplace accident, it is crucial to talk to an experienced personal injury attorney from Colvin Accident Lawyers to understand your rights and responsibilities.
California is a workers’ compensation state, which means that many employers are required to carry workers’ comp coverage. Workers’ compensation allows employees to recover for workplace accidents and injuries without having to establish negligence. However, it also caps recovery amounts and allows employers to dictate some conditions. In some instances, a third-party personal injury claim may be a better option to maximize recovery. A Bakersfield workplace accident lawyer could help you examine your options and advise you on the best way to move forward. Call our firm today to get started.
Even when an employee is responsible for their own workplace injury, workers’ compensation gives them the right to medical care and disability pay regardless of fault. However, illegal or reckless behavior may make them ineligible for coverage. An attorney in Bakersfield could examine a specific workplace accident and provide more guidance.
After a person has been injured at work, they must notify their employer within 30 days. It is better to report it as soon as possible to get the claims process started. When the injury is cumulative or due to repetitive stress, the worker must inform the employer within 30 days of noticing the injury. The employer must then provide the employee with a workers’ compensation claim form. The employee can then exercise their rights, which include filing a claim, seeing a doctor, getting medical treatment, short-term or long-term disability, and seeking the representation of an attorney.
While a workers’ compensation claim means an employee cannot bring a lawsuit against their employer, it does not eliminate an employee’s ability to bring a third-party personal injury claim. Whether this option is available depends on whether someone outside of the employer’s control was negligent in a manner that contributed to the employee’s accident or injury.
For example, an injured employee would not have a third-party claim against a coworker because they are both under the employer’s control. However, they could have a third-party claim against a contractor with a different employer. Injured employees may also have claims against negligent manufacturers, property owners, or motorists, just to name a few possibilities. After a workplace accident in Bakersfield, an attorney could help employees understand all of their potential remedies.
Getting hurt on the job can happen to anyone. Slips and falls, trips, lifting heavy objects, working with hazardous materials, and even repetitive motions could all lead to injuries. Getting treatment not only means incurring medical expenses but can also lead to time away from work.
When you need assistance regarding how to proceed after a workplace injury, it is crucial to consult a skilled Bakersfield workplace accident lawyer. Contact us today for an initial consultation.
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