Maison Law Accident and Injury Lawyers of Fremont helps anyone that’s hurt in an accident in Fremont. An accident can happen to you at any time, and unfortunately, a lot of accidents in Fremont happen at work. While some work environments are more dangerous than others, one constant is workers’ compensation insurance. This coverage is very important for your recovery, and our team can help you with the claims process. Contact us today for a free consultation to learn more.
Do You Need a Lawyer?
There’s generally two ways that workers’ compensation insurance comes into play in Fremont. First is during an accident that leaves you injured. Your employer, by law, is required to provide workers’ compensation insurance–in most cases.
Where this becomes a potential legal action is if your employer doesn’t provide you with coverage or retaliates against you for taking it. Then, there’s situations where your accident is caused by the negligence of someone else. All of this adds up to complicated scenarios, but our experienced team can help you by:
- Explaining your rights and options under the law
- Figuring out what caused the accident and who’s at-fault
- Helping you gather evidence and file a workers’ compensation claim
- Negotiating with your employer and insurance companies for fair settlements
When you get injured, it makes everything more difficult. This is true whether you have health insurance or workers’ comp coverage to help you out with expenses. Regardless, our goal is to make things easier for you.
What Options Do You Have After a Workplace Injury in Fremont?
Generally, your legal options after an accident at work don’t necessarily change. When you’re hurt because of someone else’s negligence, you have the right to file an injury claim in civil court to recover damages.
However, when there’s workers’ compensation involved, it can complicate things a bit. It still doesn’t change your right to file an injury claim, but the easiest way to understand the process is by looking at the following steps:
- Filing a workers’ compensation claim – Think of a workers’ compensation claim like an insurance claim–where you file a claim, and the company either offers a full settlement or provides benefits over time. Because your employer is likely required to carry workers’ compensation insurance, this should be available to you.
- Lawsuit – The second step, as with any injury claim, is to file a lawsuit. You do this if you need further help once benefits expire or if your employer is retaliating after you filed for workers’ comp. Our experienced team is here to guide you through both processes, focusing on helping you recover your damages.
While there’s a lot of different workplace accidents that can happen, the damages that you could potentially recover include things like:
- Current lost wages
- Loss of benefits or future earnings if you’re temporarily disabled
- Medical bills
- Ongoing care needs
- Emotional distress
- Pain and suffering
No one wants to suffer a workplace injury, but accidents can happen for various reasons. It’s important to know your legal options to address your injuries, whether through workers’ compensation or the legal system, starting by filing your claim within two years of the accident.
Who Pays For Damages After a Workplace Injury in Fremont?
Any injury claim has one important aspect: liability. Liability is the legal responsibility for the accident, which also sets the legal responsibility for paying for your damages. But liability in a workplace accident isn’t always so straightforward. It’s still based on negligence–somebody violating their duty to act in a way that keeps you safe–but there’s many different factors involved in a typical work accident.
Namely, there’s a lot of different people besides a coworker or your employer involved, which means liability could go in several different directions:
- Employer – Your employer must provide a safe workplace. If unsafe conditions, poor training, or lack of safety gear caused your accident, they may be responsible.
- Third parties – Some people at your job, like subcontractors or equipment makers, don’t work directly for your employer. If their actions or negligence led to your accident, they might also be liable.
- Co-workers – Workers’ compensation usually protects co-workers from lawsuits. However, if a co-worker’s intentional or extreme negligence caused the accident, there could be exceptions.
- Property owners – If your accident happened on someone else’s property, like a construction site, the property owner could be responsible if their negligence played a role.
- Government – If the accident happened on government property or because of government negligence, a government agency could be liable, but special rules apply.
Again, you never want to get hurt in any situation, let alone at work because someone was negligent. But, the fact is, this happens quite often. Whether you work on dangerous construction sites or in an office, you have the right to a safe workplace. When someone takes that away from you, and you get hurt, you can use the legal process to your advantage.
How Does Workers’ Compensation Factor Into an Injury Claim?
Knowing how to respond to a workplace accident in Fremont is very important, whether you decide to file a workers’ compensation claim, go through the insurance process with the responsible party, or filing a lawsuit. But, because there’s a process in place, it means things are on you to take the right steps to protect your claim. When workers’ compensation is involved, here’s how it’ll factor into what you need to do:
- Get medical care immediately – Always think about your health first. Get medical attention right away by calling 911 or visiting a hospital or urgent care. If your employer has first aid, be sure to have them provide it for you.
- Report the accident to your employer – Tell your supervisor or management about the accident and your injuries as soon as possible. Under California law, you have to report workplace injuries within 30 days of the incident.
- File for workers’ compensation – Most workplace injuries are covered by workers’ comp. Request the necessary form, fill it out, and return it to your employer. Get a copy for your records.
- Investigation – The workers’ compensation insurance company will investigate your claim, which may involve reviewing medical records and speaking with you and any witnesses.
- Medical evaluation – You might need to visit a doctor chosen by the insurance company to assess your injuries and recommend treatment.
- Disability decision – The insurance company will determine if your claim is valid and what benefits you qualify for, such as medical treatment, temporary disability payments, or vocational rehabilitation.
- Mediation or hearings – If there are issues with your claim, like disagreements about your injury or disability, you may need to go through a dispute resolution process, which can include negotiation, mediation, or a hearing.
- Return to work – If you’re able, your employer might offer a role that fits your medical restrictions. If you can’t return to your old job, you may receive help finding new work through retraining.
Each case is unique. Some workers recover quickly, while others need more time. The key is following these steps to protect your rights and keeping your options open. Having the right guidance will help you get through the process smoothly.
What Kind of Workplace Accidents Happen in Fremont?
There’s a wide range of industries and job opportunities in Fremont. From agriculture to construction, there’s any number of workplaces and environments you could find yourself in. But when negligence is involved, it makes any work environment potentially dangerous–which leads to accidents like:
- Slip and fall accidents – These are among the most common types of accidents, happening when workers slip, trip, or fall due to hazards like wet floors, uneven surfaces, or poor lighting.
- Strain injuries – Often found in office jobs or positions requiring repetitive motions, such as typing, lifting, or assembling products.
- Construction accidents – Construction workers face risks from falls, equipment malfunctions, or collapsing structures, especially at Fremont’s construction sites.
- Machinery accidents – Factories and manufacturing plants in Fremont may involve heavy machinery. Accidents can happen due to equipment malfunctions, improper training, or lack of safety guards.
- Car or truck accidents – For delivery drivers, transport workers, or employees driving as part of their job, accidents are a common risk.
- Exposure to hazardous materials – Some industries in Fremont involve chemicals or hazardous materials. Accidents may occur due to spills, leaks, or improper handling of these substances.
- Fire accidents – Workers in construction, maintenance, or industrial jobs can suffer from electrical shocks or burns due to faulty wiring or improper safety measures, while restaurant workers that work close to open flames can frequently cause serious burns and smoke inhalation injuries.
Workers compensation is designed to protect you from dangerous workplaces and injuries, but it’s not designed to cover all of your needs. A workplace accident can leave you facing lifelong injuries, so taking legal action and exploring your options with our team is one way to make sure your rights are taken care of.
Frequently Asked Questions
Do I need to file a workers’ comp claim or an injury claim?
You probably need to file both. When you’re hurt at work, you can file for workers’ compensation to cover any immediate financial needs. Then, once your comp benefits run out, you can move forward with an injury claim for more long-term needs.
Is my employer liable for an accident at work?
Usually, but not always. Whenever you’re at work, your employer has a legal responsibility to keep things safe–but they can’t catch everything. Still, because they’re effectively in charge of the workplace, they’ll likely carry some liability if you’re hurt.
When should I file a lawsuit after a workplace injury in Fremont?
If your employer retaliates against you for filing a workers’ comp claim, you have legal options. You can file a second civil lawsuit to recover damages like lost wages and benefits, as well as an injury claim to cover any medical expenses from your accident.
Work With Our Workers’ Compensation Lawyers in Fremont
Your job supports your family and helps your employer, but it also comes with risks. If you’re injured on the job, Maison Law Accident and Injury Lawyers of Fremont is here to help. Our Fremont workers’ compensation lawyers have the experience to guide you through the legal process and help you get better. Contact us today for a free consultation to get started.