San Diego Work Injury Lawyers
We’ll tell you if you have a case or not, call (888) 488-1391 — We’re here 24 hours a day.
Our San Diego Work Injury Lawyers Provide Legal Support When You’re Hurt On The Job
If you were hurt while working in San Diego, you may qualify for medical care, wage replacement, and disability support through California workers’ compensation. Rules on benefits and deadlines can be confusing, even if the injury seems straightforward. Call (888) 488-1391 so our team at Arash Law can walk you through your benefits and help you understand what comes next.
Many residents balance year-round outdoor activities, tourist crowds, and busy seasonal foot traffic, which can create conditions that increase the likelihood of workplace accidents. When someone outside your employer contributes to what occurred, a separate third-party claim may also be available.
Because benefits and third-party issues can overlap, the next step is understanding how our San Diego work injury lawyers can guide your claim.
How Our San Diego Work Injury Lawyers Can Help
If you get injured in a workplace accident, you might ask yourself, “Do I need a personal injury lawyer to claim workers’ compensation?” The answer depends on your situation. Obtaining legal guidance from an experienced injury attorney can offer an advantage in navigating the workers’ compensation process. Our attorneys at Arash Law can support you by:
- Filing Your Claim — Workers’ compensation paperwork and timelines can feel overwhelming. Our legal team helps you complete forms accurately and submit them on time.
- Negotiating With Insurers — Insurance adjusters may dispute medical needs or wage benefits. We speak on your behalf to help resolve disputes and clarify documentation.
- Representing You in Court — If settlement talks do not resolve your case, our San Diego trial team can represent you through hearings or litigation.
- Protecting Your Rights — We help you navigate workers’ compensation rules and, when eligible, explore third-party claims for additional damages.
Our eighteen-year-old client was severely injured while working at the Defendant’s farm and using the Defendant’s tractor and harvesting machinery. While our client was stationed on the machinery, the tractor drove into a hole in the ground and it caused the machinery to collapsed on him, crushing his legs. The Defendant refused to accept responsibility and we were forced to arbitrate the case to verdict, in which we won and secured an $18.7 Million award.– BRIAN BEECHER
Why Choose Our Work Injury Attorneys Serving San Diego
At Arash Law, our goal is to handle the legal aspects of your case, enabling you to focus on your recovery. We are aware that work injuries can lead to both financial and psychological strain. That is why we provide legal guidance to support you throughout this challenging time. Here are some reasons to hire our San Diego work injury lawyers:
- Familiarity with Local Laws — We are well-versed in workers’ compensation procedures in San Diego County and understand how local medical providers, employers, and insurance carriers operate.
- Clear Communication — We strive to provide regular updates at each stage, ensuring you always know what to expect next.
- Trial-Ready Representation — If your case requires litigation, our attorneys handle cases in San Diego venues, including the Workers’ Compensation Appeals Board (WCAB) San Diego district office.
- Contingency Fee Basis — Our San Diego injury law firm works on a contingency fee basis. Under this arrangement, you only pay attorney fees if we secure compensation. Some case costs may still apply regardless of the outcome, which will be discussed in detail during your consultation.
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Workers’ Compensation Benefits In California
California law requires employers to carry workers’ compensation insurance, which may cover:
- Medical Treatment — Emergency care, surgery, prescriptions, and rehabilitation when necessary.
- Temporary Disability Benefits — Wage replacement while you cannot work during recovery.
- Permanent Disability Benefits — Monthly payments if your injury results in lasting impairment.
- Travel Costs — Mileage reimbursement for medical appointments.
- Job Retraining Benefits — If you cannot return to your previous position, you may qualify for retraining or skill enhancement.
- Death Benefits — Payments and funeral cost support for eligible dependents.
If you were injured while on the job, our lawyers for work injury in San Diego can help you navigate the process of filing for workers’ comp benefits.
Step-By-Step Guide To Filing A Workers’ Compensation Claim
These are the steps to file a workers’ compensation claim in San Diego:
- Report the Injury to Your Employer — Notify your employer or supervisor of your work-related injury within 30 days to avoid losing eligibility.
- Get Medical Care — Seek medical care from a qualified healthcare provider right away. Doing so can help protect your health and create essential documentation of your injury.
- Submit a Claim Form — Fill out the DWC-1 claim form and send it to your employer’s workers’ compensation insurance provider. Keep a copy of the form for your records.
Proving Liability In A Work Injury Case
Liability functions differently in workers’ compensation claims compared to personal injury cases. Instead of proving who caused the accident, you only need to show that the injury happened while you were performing work-related duties. This structure exists because the California Labor Code limits lawsuits against employers and allows workers’ compensation to provide medical care and wage support without lengthy fault disputes.
Fault can still be significant in certain situations. When a negligent third party is involved, injured workers may pursue separate claims against that party. These scenarios may include:
- Collisions involving commercial drivers, where truck accident attorneys or delivery truck accident lawyers can assess liability.
- Hazardous property conditions at a jobsite or client location, which may require slip and fall lawyers when a worker is injured by unsafe flooring or poorly maintained premises.
- Dog bite incidents may require the support of dog bite attorneys when workers, such as mail carriers, are injured.
- Rideshare-related injuries, where drivers consult Lyft accident lawyers to navigate Occupational Accident Insurance (OAI) rather than workers’ compensation.
How Third-Party Liability Works
A third-party liability case may apply when someone outside your employer’s control played a role in your work injury. These situations can occur in many workplace settings and are not limited to a single type of accident.
A third party may include:
- A contractor working on the same site, but not employed by your company.
- A manufacturer that supplied unsafe or defective tools or machinery.
- A property owner who is responsible for a hazardous condition.
- A visitor or vendor who caused an accident.
- A delivery driver or outside service provider who is involved in a work-related collision.
Workers’ compensation provides medical care and wage support regardless of fault. A third-party claim differs because it focuses on proving responsibility and allows you to seek compensation for losses workers’ compensation does not cover, which may include:
- Pain and suffering.
- Loss of enjoyment of daily activities.
- Complete wage loss beyond the temporary disability rate.
- Future costs related to your long-term limitations.
If you are unsure whether a third party contributed to the incident, it can help to speak with a work injury lawyer who can review the circumstances and determine which options apply to you.
Deadline For Filing Work Injury Claims
Workers’ compensation involves specific time limits. Missing a required step can affect your benefits.
Required timelines include:
- Report your injury to your employer within 30 days.
- The employer must notify the insurer within 10 days of becoming aware of the injury.
- File your workers’ compensation claim within 1 year of the injury date.
If you are unsure whether a deadline has passed, a work injury lawyer can review the timeline and explain what you may still be able to file.
Types Of Work Accidents That Cause Injuries
Our San Diego work injury lawyers handle a wide range of work-related accident cases, including:
- Slip-and-Fall Accidents — Slip-and-falls can cause anything from minor bruises and sprains to serious head, brain, or spinal injuries. These claims are supported by accident lawyers when negligent third parties are involved.
- Commercial Vehicle Crashes — Commercial vehicle accidents can involve company vehicles, delivery routes, or large trucks. Severe cases may require the insight of big-rig accident lawyers, depending on the vehicles involved. If questions come up about fault, insurance, or overlapping claims, car accident lawyers can help explain how these vehicle-related work cases are handled.
- Machinery Accidents — Heavy machinery accidents can result in crush injuries or amputations, particularly when training or safety controls are inadequate.
- Industrial Accidents — Chemical exposure, equipment failure, or process errors can result in both short-term and long-term harm.
- Construction Accidents — Accidents in construction sites can lead to serious injuries. Some examples include electrocution, amputation, and spinal cord injuries. These injuries often require long-term or chiropractic treatments. When a negligent third party contributed to the incident, construction accident lawyers may be able to help.
What To Do After A Workplace Injury
After an accident at work, it can be challenging to know what matters first. The following suggestions may help you stay organized and protect your health and documentation:
- Notify Your Supervisor — It can be helpful to report the incident in writing, ensuring a clear record of what occurred.
- Seek a Medical Evaluation — Even if symptoms seem minor, a medical visit can confirm your condition and provide documentation you may need later.
- Follow Recommended Care — Continuing with treatment may support your recovery and show consistent medical attention.
- Save Any Relevant Information — You may want to keep photos, witness names, forms, and other paperwork in one place for easy reference.
- Consider Speaking With a Lawyer — Our San Diego work injury lawyers can answer questions, explain timelines, and help you understand which benefits or claims may apply.
Morales v. Construction Group Staffing (settled on 7/23/2020) – settlement involving a client who was catastrophically injured when he fell from a height of 4 stories down a shaft. This is a record breaking California Workers’ Compensation settlement. Read more about this case on Yahoo! Finance News.– TINA ESHGHIEH
Work Injury Statistics
According to the U.S. Bureau of Labor Statistics:
- There were 5,283 fatal work injuries in 2023, a 3.7 percent decrease from 5,486 in 2022.
- Transportation incidents remained the leading cause, making up 36.8 percent of all work-related deaths (1,942 fatalities).
- Violent acts caused 740 deaths, including 458 homicides, which accounted for 61.9 percent of violent cases and 8.7 percent of total work fatalities.
- Fatalities among Black or African American workers dropped by 10.2 percent, declining from 734 in 2022 to 659 in 2023, with the fatal injury rate decreasing from 4.2 to 3.6 per 100,000 workers.
These figures provide context for the risks that workers may face in different environments and demonstrate that, despite a reported decrease, serious workplace incidents continue to occur. Understanding these trends can help workers recognize potential hazards, stay informed about safety practices, and be aware of their rights in the event of an accident.
Frequently Asked Questions (FAQs)
Below are answers to some common questions about workplace accidents. If you have specific questions regarding your case, don’t hesitate to ask our San Diego work injury lawyers. We offer free initial consultations. Call us at (888) 488-1391 for a detailed discussion of your situation.
How Much Does A Work Injury Lawyer Cost?
There is no standard dollar amount because the cost of a work injury lawyer depends on several factors. Most work injury cases use a contingency fee structure, which means attorney’s fees are based on a percentage of the recovery rather than an upfront payment.
Factors that may affect the total cost include:
- Complexity of the claim.
- Whether a third-party case is involved.
- Disputes with the insurance carrier.
- Length of medical treatment and documentation needs.
- Expert evaluations or records required.
- Whether hearings or litigation become necessary.
Arash Law works on a contingency fee basis. You do not pay attorney’s fees unless compensation is obtained, although certain case-related costs may still apply regardless of the outcome. Fee details can be reviewed with our San Diego work injury lawyers during your consultation.
How Much Do I Get For A Workplace Injury In California?
Many factors determine how much compensation you may receive for a workplace injury. Your payout depends on the severity of your injury and the duration of your recovery. To get an estimate of how much your claim is potentially worth, discuss your situation with our San Diego work injury lawyers.
Can I Sue My Employer For A Workplace Injury In California?
In most situations, workers’ compensation is considered the “exclusive remedy,” which means you generally cannot sue your employer for a work-related injury. The system is designed to provide medical care and wage support without requiring proof of fault or negligence.
A lawsuit may be possible only in limited circumstances, such as:
- Intentional harm by the employer.
- Failure to carry the required workers’ compensation insurance.
- Serious and deliberate concealment of known hazards.
These exceptions are rare and depend heavily on the specific facts of the incident, and personal injury attorneys can help determine whether one of them applies.
What Injuries Are Not Covered By Workers’ Compensation?
Workers’ compensation covers most job-related illnesses and injuries. However, some exceptions exist. It does not cover accidents caused by horseplay, deliberate safety violations, or working while intoxicated. Injuries from intentional self-harm and those that occur during a non-paid break might also be denied.
Can I File A Personal Injury Case If I Claimed Workers’ Compensation Benefits?
Yes, you can file a personal injury case even if you have already claimed workers’ compensation, but only if certain conditions are met. A personal injury claim can be filed against a negligent third party, such as another driver or a manufacturer of a defective product. In such cases, you can seek additional damages that workers’ compensation didn’t cover, such as pain and suffering.
Generally, you cannot file a lawsuit against your employer if you have claimed workers’ compensation. However, there are exceptions in specific circumstances. If there’s intentional harm or retaliation for filing a workers’ compensation claim, you may sue your employer.
Consult A San Diego Work Injury Lawyer For Legal Support
Regardless of the kind of work you do, there is always a chance of getting hurt. At Arash Law, our San Diego work injury lawyers dedicate themselves to helping injured clients seek compensation. Call us at (888) 488-1391 or complete our “Do I Have A Case?” form to schedule a free initial consultation.
Following an accident at work, our work injury lawyers serving San Diego are here to guide you through the next steps. Workplace accidents can bring financial, mental, and physical challenges. You don’t have to navigate the legal system alone. Let our attorneys handle your case so you can focus on getting better.
Outside of San Diego, we also assist clients in neighboring areas, including National City, Chula Vista, El Cajon, La Mesa, Lemon Grove, Orange County, Riverside County, Imperial County, Los Angeles County, and San Bernardino County.
