Victorville
Catastrophic Work Injury Lawyer

Have you suffered a serious on-the-job injury, or were you hurt in an accident? If so, finding the right representation can be overwhelming. Dealing with the aftermath of a catastrophe or the challenges of pursuing an injury claim can be a confusing and frustrating process. No matter the nature of your injury or whether your health is at stake, the guidance of a Victorville catastrophic work injury lawyer and accident attorney can help alleviate the burden and stress you are experiencing.

Making this your first step in the process can make a difference in how everything proceeds during this challenging time. Since the types of injuries that can qualify for workers’ compensation can vary, an experienced accident attorney can provide the insight you need to protect your rights. At Kampf, Schiavone & Associates, we can help you understand the differences between workers’ compensation and a personal injury claim. We can advise you on what to do immediately after an injury, and we can discuss your eligibility to file an injury claim.

By hiring an attorney who understands the complexities of California workers’ compensation laws, you can focus on your recovery while they handle the legal aspects of your case. You can seek compensation and benefits for your injury, and they can make sure you receive the medical treatment you deserve.

Why Kampf, Schiavone & Associates?

When you choose to hire Kampf, Schiavone & Associates, you are selecting a firm that has the experience and dedication you need to help protect your rights if you have been injured in Victorville or anywhere in California’s Inland Empire. Since 1985, we have been dedicated to helping our clients make things right. In that time, we have recovered more than $250 million in verdicts and settlements for our clients in cases involving workers’ compensation, medical malpractice, personal injury, and many other claims.

Our unique advantage is that our founding lawyer, W. Roger Kampf, was a supervisor and senior adjuster at a major insurance company before becoming a lawyer. That gives us insight into what insurance companies are going to do and what strategies will have the most impact in your case against them. Our attorneys are skilled negotiators, but we also prepare to go to trial. We are prepared to put your case in front of a judge and jury when necessary to get justice for you.

Understanding Workers’ Compensation vs. Personal Injury Claims

Workers’ compensation and personal injury claims are distinct from one another in various ways. This includes both their goals and the legal principles that govern them. In California, workers’ compensation is a no-fault system. This means that its purpose is to provide quick and cheap benefits to injured workers regardless of liability. Workers’ comp settlements usually cover medical treatment and disability benefits, regardless of who caused the workplace accident.

Typically, workers’ compensation benefits prevent employees from directly suing employers for workplace injuries. A personal injury claim, however, is built on a fault system. This allows an injured person to sue a liable party, aka their employer.

A personal injury claim may apply to employers who cause a workplace injury, depending on the circumstances. For instance, if an employer causes a worker’s death or catastrophic injury, a successful personal injury suit could award damages for pain, suffering, and loss of enjoyment of life – all of which are non-compensable under workers’ compensation.

Steps to Take Immediately After a Workplace Injury

How you choose to react immediately after a workplace injury could have a significant impact on the outcome of your compensation claim. Be sure to follow these steps immediately following a workplace injury.

• Get Medical Help Right Away: You should always seek medical attention for your injuries, even if you think they aren’t very serious. You never know from first glance, and you’ll also need documentation of your injuries, should you need to prove them later.
• Tell Your Employer: As soon as you can, tell your employer that you have been hurt.
• Keep Records: Write down everything about the injury and the incident, including witness accounts, photographs of the area of injury, and your account of what happened.
• Talk to a Lawyer: Injury laws in California are complex. It is strongly recommended that you speak to a legal team that has handled California workers’ comp and personal injury claims before. They can walk you through your rights and what actions you need to take to protect them.
• File the Workers’ Compensation Claim: Make sure the claim is filed under California’s workers’ compensation laws and within the time frames so that your benefits are not jeopardized.

These steps are necessary to protect your legal rights and obtain the benefits you are entitled to under the California workers’ compensation laws.

Common Types of Work-Related Injuries and Their Legal Implications

There are many different injuries that can happen at work. While some of those injuries will be relatively minor, such as a sprain or strain, others may be far more serious, possibly leading to permanent disability or even catastrophic injury.

Injuries might include musculoskeletal injury resulting from repetitive motion or lifting, traumatic injury as the result of an accident such as a fall from a height or a crash in an automobile, or occupational illness resulting from exposure to a physical or toxic substance.

The legal issues arising from work injuries typically center on the injured worker’s eligibility for workers’ compensation benefits, including payment of medical costs and compensation for lost earnings. In more rigorous cases involving serious harm, the possibility of additional personal injury litigation might be necessary to include or prove any negligence.

Eligibility for Filing a Work Injury Claim in California

To be entitled to any worker’s compensation benefits in California, you must be an employee, not an independent contractor, who sustained an injury due to and in the course and scope of your employment. An injury must have taken place while you were on the job. You have obligations to report the injury to your employer and seek medical attention, but your employer has to also take certain steps to ensure the injured worker receives proper medical treatment.

You must understand the rights and protections available under California law. There are time limits with which you must comply in order to have any chance of having your claim accepted. It is important to report the injury as soon as you believe or know the injury to be work-related. A failure to report the injury within 30 days (or as soon as reasonably possible) can lead to the loss of all workers’ compensation benefits.

What to Expect from the Legal Process After Filing a Work Injury Claim

Once you file a claim for workers’ comp benefits with your employer in Victorville, California, your claim will be assigned to a claims adjuster at your employer’s insurance company, who may order an independent medical examination, and you will begin receiving benefits. First, you’ll receive benefits for medical treatment and then, if you qualify, for temporary or permanent disability. If your claim is denied, you can appeal the decision.

The process is complex, so it is a good idea to seek guidance from a knowledgeable legal team throughout the process.

Can I Sue My Employer for Injury in California?

Generally, in California, workers’ compensation is a no-fault remedy, meaning that a person hurt at work can get medical treatment and compensation without having to prove that an employer was negligent. However, exceptions to the rule include intentional acts that injure someone and when there is a wrongful death or a catastrophic injury caused by the employer’s gross negligence.

You may be able to sue your employer outside of the workers’ compensation system. To determine if you qualify, consult a Victorville personal injury attorney.

When you’ve been injured at work and are seeking assistance in navigating the many steps of a workers’ compensation and personal injury claim, it is essential that you have a firm understanding of several key points.

These include the difference between worker’s compensation and personal injury claims, what to do after you have been injured, the nature of the injuries and the types of claims that may be filed, who qualifies for these types of claims, and what you can expect from the legal process. Our office can help you understand all of this as you go through these difficult times.

Contact an Accident Attorney

If you have been injured on the job or have been hurt in an automobile or other accident, prompt action is essential to preserve your rights under the law and to access the medical treatment and compensation you need.

A Victorville catastrophic work injury lawyer and accident attorney can guide you through the process and provide strong advocacy to get the justice you deserve. California laws are quite complex, so we don’t recommend navigating them alone. Let us help you so that you can focus on healing from your injuries.

Contact us today for a consultation and to discuss your case. During this consultation, we will cover the details of your particular case and provide you with an overview of your options moving forward.