Injured on the Job: Your Guide to the Next Steps2019-03-08T21:37:12+00:00

Whether you spend most of your working hours in a delivery truck or a cubicle, you’re at risk of being injured on the job every time you go to work in San Diego, CA. And if you think about it, most injuries and accidents can be traced back to someone’s negligence.

In any industry, workplace injuries can range from a sprained ankle to a lifetime of disability. Because workplace accidents can happen at the most unexpected times, it’s important to keep in mind this essential plan of action:

 

 

 

Injured on the Job? Next Steps to Take:

  • Notify your supervisor immediately!
  • Once they are notified, your employer is required by law to ensure that you receive all the medical attention you require.
  • AllLaw reminds employees to make sure they see a doctor for a thorough examination. You want to make sure you are claiming compensation for the full amount of the injuries you received. Under workers’ comp, you might also be entitled to financial coverage for a second opinion. However, AllLaw recommends getting an additional medical opinion even if you have to pay for it yourself. For the sake of both your own health and your personal injury claim, you want to be fully aware of your condition and the healing process required.
  • Once notified, your employer is also required to communicate with their insurance carrier and file an insurance claim with the State of California Division of Workers’ Compensation.
  • Talk to a personal injury attorney to understand what other compensation you might be entitled to.

Injured on the Job? What Are You Entitled To?

According to LegalZoom, workers’ comp covers all medical expenses necessary for diagnosing and treating an employee workplace injury or illness, including doctor appointments, prescriptions, surgery, and durable medical equipment. Workers’ compensation benefits compensate employees for lost wages while off work, and the benefit amount is typically two-thirds of an employee’s weekly wage. Employees are also entitled to vocational rehabilitation benefits if they are unable to return to their pre-injury job.

However, workers’ comp doesn’t always cover all of your eligible compensation. If you were injured because someone at your workplace was careless or negligent in any way, you can join forces with an experienced personal injury attorney to get the full compensation you deserve, including personal injuries or punitive damages.

According to Cornell Law School, punitive damages are awarded in addition to actual damages in certain circumstances. Punitive damages are considered punishment for negligent behavior and are typically awarded at the court’s discretion when the defendant’s behavior is found to be especially harmful. In other words, if the employee is injured because the employer was negligent in any way, the employee might be eligible to receive additional compensation under the category of punitive damages. Additionally, you’ll likely be entitled to compensation for injuries beyond simply the medical needs that the original insurance claim covered. As Cornell defines it, personal injury compensation covers injuries to “the body, mind, or emotions.”

Who Can Help?

Have you’ve been injured on the job the San Diego area? You don’t have to fight alone! Many people miss out on the full amount of compensation they’re entitled to, and far too many individuals don’t claim any compensation in the first place! If you have questions or a case you’d like to pursue, Jeffrey E. Estes and Associates is here to help you navigate your full legal rights and options.

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