Rialto Workplace Injury Lawyer

At Kampf, Schiavone & Associates, we are dedicated to providing exceptional legal representation for workers who have suffered injuries in Rialto. Our skilled team of Rialto workplace injury lawyers stands out due to their extensive experience and commitment to client success.

We understand the complexities of workers’ compensation laws in California and can help you navigate the legal system to secure the benefits you deserve. Our workers’ compensation lawyers team provides personalized attention to ensure each case receives the utmost care.

What To Do After a Workplace Accident

If you’ve been injured at work, it’s important to follow all steps to protect your rights and claim the compensation you deserve.

• Report the Injury: Be sure to notify your employer immediately. California law requires that your employer provide you with a claim form after learning of your injury. Even if your injury seems insignificant, it can become more severe down the road. Having the initial injury on file can help if you need to file a claim.
• Seek Medical Attention: Get prompt medical care to assess and document your injury.
• Document the Incident: It’s important to keep detailed records of the accident. Gather witness statements and take photographs of your surroundings and the injury.
• Consult an Attorney: The workers’ compensation process can be complex and may involve multiple parties. A qualified workers’ compensation lawyer can guide you through the claims process and protect your rights.

When Is a Third Party Responsible?

In some workplace injury cases, a third party may be responsible for compensating you for your damages. This is someone other than your employer. Third parties can include:

• Manufacturers of Defective Products: If the injury happened as a result of equipment failure or machinery malfunctions, the manufacturer may be liable.
• Negligent Drivers: For injuries involving a car accident while performing work-related duties, the at-fault driver can be held responsible.
• Property Owners: If you were injured on someone else’s property while working, the property owner may be held responsible for negligence.

Identifying third-party liability is crucial, as it allows you to seek payment beyond workers’ compensation.

The Process of Pursuing Third-Party Claims

At Kampf, Schiavone & Associates, our attorneys handle workers’ compensation and third-party claims in Rialto, California. We can thoroughly investigate your case, identify all potential sources of compensation, and advocate on your behalf to secure the maximum recovery possible.

It’s important to note that while you can pursue workers’ compensation simultaneously with a third-party claim, any recovery received from a third-party claim may affect the benefits you get from workers’ compensation.

You need to follow specific steps to pursue third-party compensation.

• Investigation: Begin by gathering evidence to establish the third party’s liability and include evidence, such as accident reports, witness statements, and professional testimony.
• Filing a Claim: This involves initiating a personal injury claim with the responsible third party.
• Negotiation: Engage in settlement discussions with the third party’s insurance company or legal representatives.
• Trial: In the event that you cannot come to a settlement agreement with the third party, your case may proceed to trial, where the courts decide on the amount of compensation you receive for pain and suffering, lost wages, and medical expenses based on the evidence gathered.

FAQs

How Much Can You Sue for in a Work Injury Case?

The amount you can sue for in a work injury case depends on specific factors of your case, such as lost wages, pain and suffering, and the severity and nature of the injury. Workers’ compensation often limits claims to only cover medical bills and a portion of lost wages. If intentional wrongdoing is involved on the part of your employer, you can sue for additional damages, including pain and suffering.

What Should I Do if I Get Injured in the Workplace?

If you get injured in the workplace, report the injury immediately and seek medical attention. Be sure to document all aspects of the event with photographs and witness statements. Follow your company’s established procedures for filing a workers’ compensation claim, and keep copies of medical records, reports, and communications related to the injury.

How Long After a Work Injury Can You Sue in California?

The deadline for filing a work injury claim depends on the circumstances and severity of the case, such as delayed injuries or employer misconduct. To ensure you meet the deadline for filing, consult a knowledgeable attorney in California who understands state statute of limitation laws for workers’ compensation injuries, as failing to meet the deadline can result in losing your right to pursue compensation.

What Percentage of Compensation Do Most Personal Injury Lawyers Take?

Personal injury lawyers work on a contingency fee basis, which means they only get paid if you win your case. The percentage of the winnings varies based on the complexity of the case, litigation costs, and whether you’re able to settle outside of court or if you have to go to trial. Discuss fees with your lawyer upfront to better understand their payment expectations.

What Is an Injury Caused by a Third Party?

A workplace injury caused by a third party occurs when someone other than your employer or coworker holds responsibility for your injury. Examples may include injuries received from defective machinery, accidents on unsafe premises, or a car accident caused by a negligent driver. You may need to file a personal injury claim in addition to a workers’ compensation claim to allow for additional compensation for pain and suffering, lost wages, or medical expenses.

Contact Our Team of Lawyers to Get Help with your Workplace Injury Cases

If you have been injured in an accident at work, contact the Rialto workplace injury lawyers at Kamp, Schiavone & Associates to schedule a consultation to discuss your case. We have extensive experience with helping injured workers obtain the compensation they need for medical bills, lost wages, and long-term recovery expenses.

Trying to navigate the complexities of workplace injury processes can add unnecessary stress to your life while you’re trying to recover. Whether you need assistance with a workers’ compensation claim or want to explore a third-party claim, we want to help you fight for your rights. Time is of the essence with any personal injury case, so don’t wait to take action and risk losing out on the compensation you need. Give us a call today.