Fontana Workplace Injury Lawyer

Workplace injuries can be financially, physically, and mentally devastating. If you have been hurt while on the job, you need an experienced Fontana workplace injury lawyer from Kampf, Schiavone & Associates who can fight for the compensation you deserve.

Necessary Steps After a Fontana Workplace Injury

After an injury, there are important steps you can take to maintain your right to workers’ compensation and support any future workplace injury claims.

Your first step is to seek medical care. Even if you feel like you might not need it, this medical documentation can be essential for the future. Secondly, after you have received medical treatment, you should notify your employer about the injury as soon as possible. You must do so within thirty days and should follow your employer’s procedures for workplace injury reporting.

Make sure you check on your workers’ compensation claim to ensure it was filed; otherwise, you might need to take matters into your own hands.

Throughout these steps, you should document everything you can, including the date of the incident, what happened, where it happened, who witnessed it, and who was involved. It is highly recommended that you hire a workplace injury attorney even if you feel that your injuries are not severe.

Common Causes of Workplace Accidents

Sometimes workplace injuries may have been caused by accidents, but in many situations, the injury came from the negligence of an employer, your coworkers, or a third party. Some common workplace accidents come from:

• Slips and falls
• Hazardous materials or chemical exposure
• Workplace violence
• Repetitive stress on the body
• Overexertion
• Being struck by falling objects or vehicles
• Getting caught in between objects
• Transportation accidents

Any of these accidents can cause serious, irreparable injuries that have a lasting impact on an employee’s life. Such injuries include back injuries, strain injuries, fractures, chemical burns, heat stroke, respiratory ailments, eye injuries, and more.

Workers’ Compensation vs. Personal Injury Claims

The main difference between workers’ compensation claims and personal injury claims comes from the determination of fault and potential recoverable damages. Workers’ compensation operates on a no-fault system, and personal injury claims are made on the basis of fault.

A workers’ compensation claim will provide compensation for medical care, lost wages, and disability. A personal injury claim may entitle the injured to compensation for:

• Pain and suffering
• Future medical expenses
• Lost earning capacity
• Permanent injuries or disfigurement
• Loss of life enjoyment

For example, if a construction worker is injured due to a defective piece of scaffolding, they may be entitled to workers’ compensation and a personal injury claim due to third-party negligence. However, negligence in liability issues in California personal injury claims can be complex. If the scaffolding was not defective and the employee fell for another reason, it may not fall under a personal injury claim.

Your Rights After a Workplace Injury

Those who have been injured at work may be unsure of their legal rights after a workplace injury. This can mean missed opportunities for compensation because of this lack of understanding.

You have the right to:

• File a claim with the insurance company of those responsible for your injury through a workers’ compensation claim
• Receive medical treatment
• Return to your job after you have been medically released
• Receive disability compensation if your injury has left you with a long- or short-term disability
• File a workplace injury claim against a third party if their negligence or misconduct was the cause of your injury
• Retain a lawyer

Why You Need a Workplace Injury Attorney If You Are Hurt at Work in California

The thought of hiring a lawyer can be intimidating for most people, but seeking legal counsel is crucial if you have been injured while on the job. Insurance companies may try to pressure you into accepting a quick settlement offer that might actually fall short of the damages you have suffered.

On top of that, navigating the legal process after an accident in Fontana, California can be complex and confusing. An experienced attorney can guide you through each step, making sure that you meet all deadlines and everything is done accurately. If a settlement can’t be reached, your lawyer can represent you in court, effectively advocate for your rights, and maximize your deserved compensation.

FAQs

Can I Sue My Employer for Pain and Suffering in California?

In California, workers’ compensation provides you with medical care, wage replacement, and in severe cases, disability benefits. It does not provide compensation for pain and suffering. To recover non-economic damages for a workplace injury, you will need to make a personal injury claim. For a successful personal injury claim, you will need to show that your injuries came from your employer’s negligent behavior. We recommend discussing your case with an attorney to help you understand your legal options.

What Should I Do Immediately After a Workplace Injury?

Immediately after a workplace injury, you need to seek medical attention. When it is safe, you need to report the injury to your supervisor and follow your company’s injury reporting procedures. Document everything you can, such as date, time, location, description of the incident, and the names of witnesses and those involved. Then, you should reach out to an experienced workplace injury attorney to find out what your legal options may be.

How Long Do I Have to File a Workers’ Compensation Claim?

You should notify your employer of your injury as soon as possible, and you should report it within thirty days. You then have up to one year from the date of your injury to file the compensation claim. If you wish to pursue a personal injury claim, you have two years from the date of the injury to file a claim.

Do I Need a Lawyer to File a Workplace Injury Claim?

While you do not legally need a lawyer for a workplace injury claim, it is highly recommended that you retain legal representation for your claim. A lawyer can help you navigate complex legal procedures, negotiate on your behalf, protect your rights, and provide peace of mind that your case is being handled with utmost care and professionalism.

Get Legal Consultation for Workplace Injury Cases

After suffering a workplace accident, you may be left with medical bills and struggle to make ends meet. You may also be unsure of what your options are. Contact Kampf, Schiavone & Associates today to find out how our workplace accident lawyers can help you navigate the workers’ compensation process or file a personal injury claim.