Work injuries can be some of the most frustrating injuries you sustain. A dangerous or hazardous job can lead to you constantly being on edge and hyper aware of the potential damages that can occur, but not every job is as dangerous as a coal miner or construction worker. Some seemingly innocuous jobs like receptionists and Information Technology can lead to their own unique sets of injuries that may even be more severe than other, more physically demanding careers. Injuries that occur at work often confuse people; they may not know how the law works and what the best path forward is to receive fair compensation. Our team of experienced lawyers at Normandie Law Firm is dedicated to helping you earn your due compensation for any work injuries. We make the process easy and painless. Clients often call us with questions about worker’s compensation and what kind of steps they should take. Some examples of these questions include:
- Where can I find a Bakersfield work injury attorney?
- Who are the best Bakersfield work accident attorneys?
- I need a Bakersfield work injury law firm. Who should I call?
- Can a work injury lawyer help me sue my employer?
- Can a Bakersfield lawyer help me with my worker’s compensation claim?
Worker’s Compensation in California
California is a state with no-fault worker’s compensation laws. This means that you are eligible for compensation no matter what caused the accident. You could be at fault or faultless; there is no division based on the negligence of your actions or anyone else’s. Although this may seem extremely beneficial for the worker, you may still see reduced compensation if your employer can prove that you behaved in a reckless manner or purposely attempted to hurt yourself so you could collect workers compensation.
There are a few key laws regarding worker’s compensation in California. One of the most important is the visibility of worker’s compensation information. There should be a sign or handbook that acts as a notice to employees. It will include all of the information about choices of physician, the benefits you are entitled to, the insurance information of your employer, and more. If this information is kept secret or hidden or is not in an easily accessible location, your employer could be in legal trouble.
If you have been injured at work, your employer can authorize up to $10,000 in immediate medical treatment. Any documents that need to be filed regarding a worker’s compensation claim must arrive within a few days. Your employer cannot prevent you from filing a claim, nor can they request that you contribute to the insurance premiums. These practices are illegal.
After being injured at your job, you may require certain reasonable accommodations. A reasonable accommodation is a change in duty or task that will allow you to complete your work even with your injury; this may include lessening the amount of work you have to do, temporarily transferring duties to another individual, or relocating to a more comfortable work environment until you recover. If these accommodations are within reason, your employer must provide them for you. The refusal to do so can be met with legal action. In the event that you cannot complete your duties, you may be moved to a new position. It is crucial to understand that your employer cannot fire you for an injury that was sustained at work; they are legally required to keep you employed for some months after returning.
If you have any questions about filing a work accident lawsuit, reach out to an attorney in Bakersfield who has experience in work injury cases.
Most Common Work Injuries
Our California work accident attorneys see all types of different injuries stemming from work. Some are more common than others, while others are so unique that they may not have any precedent in law. As technology grows, improves, and changes, the nature of work becomes different as well, but some kinds of injuries will always remain.
For example, those who work in construction are much more susceptible to catastrophic injuries than other people. There is a chance that construction workers will fall from scaffolding, fall into a pit or trench, be struck by falling or toppling debris, or get severely injured by heavy machinery. As a result, injuries like broken bones, severed limbs, traumatic brain injuries, paralysis, internal organ damage, and even death can occur.
Some other risky careers that feature similar potential injuries include firefighters, policemen, truck drivers, cargo workers, and more.
For those who do not have naturally dangerous positions, there are still injuries that can happen. Individuals who spend a lot of time sitting down working at computers or answering phones may suffer more musculoskeletal damages than people in active jobs. Both immobility of the body and repetitive motions of the muscles can cause strains, nerve damage, stiffness, and internal problems.
Desk workers, receptionists, telemarketers, data entry clerks, and others are the individuals most often afflicted by less outright debilitating injuries.
Regardless of the nature of your injury, it is important that you be aware that compensation for work injury victims is available. A Bakersfield attorney with experience in work accidents can give you more information on the best way forward.
Benefits of Worker’s Compensation
Upon sustaining an injury, you should immediately seek medical treatment and notify your employer that you were hurt. He can authorize up to $10,000 in treatment for you and get the ball rolling on filing your claim.
One of the key points regarding worker’s compensation is in the slightly different compensation you can earn from your injury when pitted against a civil claim. In civil claims, your noneconomic damages in the form of pain and suffering and emotional trauma can have a monetary value attached to them, sometimes exceeding the cost of medical bills. Under worker’s compensation, you cannot receive pain and suffering compensation.
You can, however, receive:
Coverage of medical bills and expenses, including any costs of hospitalization, surgery, medication, physical therapy, and more. You may require additional medical treatment in the future, and these costs can be covered as well.
Reimbursement of lost wages, including days that you missed when you were injured and time that you would miss in the future while still injured, recovering, or undergoing additional medical procedures.
Disability, which comes in different forms. Temporary disability can be awarded to you to cover your living expenses if you cannot work while recovering. These earnings will be two-thirds of your wages. Total disability, on the other hand, allows you to receive compensation in the event that you never fully recover. A judge or disability evaluator will use a formula that utilizes your age, impairment level, occupation, and earnings to determine the amount of disability you receive.
In many cases, you may attempt to file a worker’s compensation by yourself. This may result in your claim being ignored or thrown out – your employers insurance agency may claim that you are lying about your injuries or that you can still work even if you are slightly hurt. For this reason, it is imperative that you enlist the assistance of a work accident attorney in Bakersfield to sue your employer.
How Normandie Helps
Our team of experienced Bakersfield lawyers can help you receive compensation if you were injured in a work accident. You deserve to be taken care of by your employer if you were injured while on the job – there may be no other way for you to earn income, and if you are not protected by the law and your employer, you may suffer a drastically reduced quality of life. Our aggressive lawyers at our Bakersfield law firm will make sure that you receive a fair settlement for your damages. We will not rest until you are satisfied with the result, and we will go as far as to take your employer’s insurance agency to court if necessary.
Call us today to receive a free legal consultation with a work accident lawyer in Bakersfield. You are invited to ask any questions you want and we will provide you with crucial information about worker’s compensation claims. We believe that you deserve fair treatment from your employer, but that you also should have as much knowledge about the legal side of your case as possible so you can make a well-informed decision.
Further, if you select us to represent you, our payment does not come from your pocket. Our zero fee guarantee promises that you will pay expenses yourself; the money we charge is taken out of the settlement we win for you. And if we lose your case, you owe us nothing at all.
Contact Normandie Law Firm today to speak with an expert attorney in Bakersfield about your work injury.
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