Bakersfield 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 Bakersfield Work Injury Lawyers Offer Personalized Legal Support For Every Client
A serious injury can result in medical treatment, lost wages, and anxiety about the future. Arash Law’s Bakersfield work injury lawyers help employees who are injured on the job and facing sudden changes in their lives. Our attorneys can explain potential legal options available to you. Call (888) 488-1391 for a free, no-obligation initial consultation.
Workplace accidents can happen anywhere: in construction sites, offices, grocery stores, restaurants, hotels, amusement parks, and other places. Depending on your situation, you may be eligible for workers’ compensation, a third-party claim, or both. A personal injury lawyer handling work injury cases can help you:
- File claims and meet legal deadlines.
- Gather medical records, witness statements, and other evidence.
- Respond to claim rejections or disputes.
- Seek benefits for temporary or permanent disability.
- Explore third-party claims if another party besides your employer was involved.
- File a lawsuit in court and represent you in hearings.
What Bakersfield Work Injury Lawyers Can Do
Our work injury lawyers help injured employees pursue workers’ compensation and personal injury claims for their losses. Injury claims can provide compensation for other damages that workers’ compensation may not cover. Some of the ways our lawyers can assist include:
- Case Evaluation — Our work injury lawyers can assess the validity of your claim. They will review your case and evaluate the details of your accident. The process also involves determining the extent to which the injury impacts your life.
- Communication With Insurers — Our attorneys can handle discussions with insurance companies. They can guide you in responding to low settlement offers and help protect your rights during negotiations.
- Court Representation — Many disputes are resolved through negotiations. Even so, our lawyers are ready to represent you in court if necessary.
You may be seeking free accident lawyer advice to better understand your situation. Our injury attorneys are available to review your case and explain what legal steps you can take.
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
Reasons To Hire Our Work Injury Attorneys
One of the most common questions people ask is, “Do I really need a personal injury lawyer?” While hiring an attorney is not a requirement, having legal support can help you better understand your options for pursuing compensation. Here are key reasons to consider hiring our work injury attorneys in Bakersfield:- Legal Experience — Understanding the legal system is important when trying to pursue compensation. Our lawyers have years of experience in handling personal injury cases. We understand the complexities involved in work injury claims.
- Clear Communication — We keep our clients informed about any developments in their respective cases. If you prefer to speak in a language other than English, you can let us know when you contact our injury law firm.
- Personalized Attention — We base our strategy on the unique needs of each client. Our lawyers provide personalized legal support tailored to the specific facts of each case we handle.
- Availability — You can reach out with questions any time. We offer multiple channels of communication, including our accident hotline (888) 488-1391. You may also fill out our online contact form, and we will respond as soon as possible.
Frequently Asked Questions About Work Injury Claims
You may have questions after a workplace accident. Injured employees often have concerns about their next steps, especially when it comes to personal injury claims. Our Bakersfield work injury attorneys answered some of the most asked questions about these topics below:
How Much Do Bakersfield Work Injury Lawyers Near Me Charge?
It depends on the lawyer’s payment structure and the details of your case. The cost can vary based on factors such as:
- The complexity of your claim.
- Time spent on investigation and preparation.
- Whether the case settles or goes to trial.
- Court and filing fees.
- Expert witness or specialist costs.
Many work injury lawyers in Bakersfield handle cases on a contingency fee basis. This fee structure allows you to access legal support without paying upfront attorney fees. Your lawyer will only get a portion of the compensation they recover on your behalf. However, other case-related costs, such as court or expert fees, may still apply. Your lawyer will explain this arrangement in detail and help you understand what to expect in your specific case.
How Long Do I Have To Report A Work Injury In Bakersfield?
To be eligible for workers’ compensation in California, you must report the incident to your employer within 30 days. The sooner you report your injury, the better you can protect your rights to seek compensation. Delaying the report can not only slow down the processing of your benefits but may also jeopardize your ability to file a workers’ compensation claim.
Your time limits will vary depending on whether your injury or illness developed gradually. Trauma that builds up over time is called cumulative trauma. These cases can be complicated and challenging. Bakersfield work injury lawyers can assist with claims of this nature.
Do I Have To Prove Employer Negligence To Pursue Workers’ Compensation Benefits?
No, you do not need to prove negligence to be eligible for workers’ compensation benefits. The California workers’ compensation program benefits workers, no matter who is at fault. Benefits include medical treatment, temporary disability, and permanent disability payments.
Is Workers’ Compensation Required For Employers In Bakersfield?
All California businesses are required to have workers’ compensation insurance. This applies even if a company has only one employee or part-time employees. According to the Labor Code, your employer and its insurance provider are required to:
- Pay temporary disability benefits within 14 days of being notified about the employee’s injury.
- Provide subsequent payments every two weeks.
When an injury leads to permanent disability, the responsible party must make the initial payment within 14 days of the last temporary disability payment.
Our Bakersfield work injury lawyers can clarify any concerns you might have about workers’ compensation benefits and applicable insurance policies during a consultation.
What If My Employer Doesn’t Carry Workers’ Compensation Insurance?
You have different recovery options if your employer doesn’t have workers’ compensation insurance.
- You can still receive workers’ compensation benefits directly from your employer.
- If your company does not have the funds to cover your benefits, the Uninsured Employers Benefit Trust Fund (UEBTF) will pay the workers’ compensation benefits.
Employers are required to pay employees under the workers’ compensation system. Businesses must maintain it even if they only have one employee. If you’re confused about your legal rights, our work injury attorneys in Bakersfield can help you.
What Is Not Covered By Workers’ Compensation Benefits?
Generally, workers’ compensation covers injuries sustained on the job, but there are exceptions.
- Non-Economic Damages — Stress, anxiety, and depression are typically not covered under workers’ compensation insurance.
- Injuries Sustained During Lunch Breaks — Workers’ compensation typically does not cover injuries sustained during meal breaks. However, this rule is not absolute. Some injuries still qualify for workers’ compensation benefits, including:
- Injuries sustained during a rest break, not a lunch or meal break.
- When an employee is injured while working during lunch.
- If their work-related obligations spill over into their lunch breaks.
- Injuries Caused by Employees’ Misconduct — Workers’ compensation policies in California do not cover injuries resulting from intentional misconduct by employees. A worker who sustained injuries due to intoxication on the job is unlikely to receive insurance benefits.
Even if workers’ compensation does not apply, some of these cases may still be pursued through third-party liability claims. A Bakersfield lawyer handling work injury cases can assess your case. They can also help you identify potentially liable parties.
Who Is Exempt From Workers' Compensation Insurance In California?
Independent contractors in California usually don’t qualify for workers’ compensation. Since they’re treated as self-employed, they negotiate their own working terms and are responsible for their own insurance and taxes.
For example, most app-based drivers, such as those working for Uber, Lyft, DoorDash, and Instacart, are legally classified as independent contractors under Proposition 22. Because they are not considered employees, they are excluded from workers’ comp coverage.
However, under Prop 22, rideshare and delivery companies are required to provide certain protections, including occupational accident insurance that covers medical expenses and lost income (up to specified limits), as well as disability and death benefits in the event of on-the-job accidents. So, if a Lyft driver gets into an accident while driving, they would not rely on workers’ compensation but instead use Lyft’s accident insurance, which applies when they are active on the app.
Additionally, workers’ compensation generally does not apply to individuals who volunteer at non-profit organizations, nor to most business owners or sole proprietors, with the exception of roofers in certain jurisdictions. If you’re not sure whether you qualify for workers’ comp benefits, Bakersfield work injury lawyers can review your employment agreement to answer your question.
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Deadlines For Filing Work-Related Injury Claims
In California, the statute of limitations is the legal deadline for filing a claim. Here are the deadlines for workers’ compensation and personal injury claims:
- Workers’ Compensation Claim
- Employees must report the injury to their employer within 30 days of the accident.
- The deadline for filing a workers’ compensation claim is one year from the date of injury.
- When your injury develops over time, the one-year period begins when you first become aware of it.
- Personal Injury Lawsuits (Third-Party Suits)
- You generally have two years from the date of the injury to file a personal injury case.
- For injuries not immediately discovered, you generally have three years from the date of discovery to file a case.
You must strictly follow these deadlines to protect your rights to pursue compensation. Contact our Bakersfield work injury lawyers if you have questions on these time limits.
Most Common Types Of Workplace Injuries In California
Work-related injuries primarily fall into three categories: overexertion, bodily reactions, and contact with objects and equipment. Our Bakersfield work injury lawyers have experience handling the following types of injuries caused by overexertion and harm to the body:
- Non-Impact Injuries — These occur when a person exerts excessive physical effort against an external source. They include:
- Lifting
- Pushing
- Turning
- Holding
- Carrying
- Throwing
- Repetitive Motion Injuries — An injury caused by stress or strain typically occurs when:
- Performing repetitive motions too often.
- The body twists unnaturally or awkwardly.
- The muscles become fatigued, or the posture is incorrect.
- Muscle Strains & Sprains — These injuries often occur due to sudden, awkward movements. They can cause pain, swelling, and limited mobility.
- Burn Injuries — Burn injuries can result from heat, chemicals, or electricity exposure. These injuries are common in the food service, manufacturing, and construction industries.
- Occupational Illnesses — Workplace conditions or hazardous substances can cause occupational illnesses. The most common examples are respiratory infections, skin disorders, and occupational cancers.
- Construction Site Injuries — Various work-related injuries are common among construction workers. These injuries can result from falls, scaffolding collapses, or equipment accidents.
Slip And Fall Injuries In The Workplace
Slip-and-falls are some of the most common types of accidents in the workplace. According to the National Safety Council (NSC), 865 workers died in falls in 2022. Even more suffered injuries that prompted the individual to take a few days off work.
Incidents of slips, trips, and falls include the following:
- Slips & Trips Without Falling — This happens when a person loses balance due to a slip but manages to regain it without falling. These incidents can still cause muscle pulls or joint pain due to the sudden effort to avoid a fall.
- Falling on the Same Level — These accidents can occur from tripping over an object. These falls can result in sprains, fractures, or bruises.
- Falling to a Lower Level — These typically involve falling from a height. Victims may fall from a ladder or other elevated surface. Depending on the height and surface of impact, these falls can lead to severe injuries.
If you were in a slip-and-fall accident at work and are considering seeking compensation, reach out to our Bakersfield work injury lawyers here at Arash Law. We offer legal help, including gathering evidence and talking to witnesses to support your claim.
Most Common Bakersfield Workplace Accidents Our Lawyers Can Handle
Construction and transportation accidents are among the leading causes of workplace fatalities in the U.S. Below are workplace accidents that our injury lawyers in Bakersfield can help with:
- Vehicle Accidents — Construction workers are at risk of injury from various types of construction vehicles. These include forklifts, cement trucks, and bulldozers. However, work-related injuries can also happen in other kinds of motor vehicle accidents, such as:
- Uber accidents
- Lyft accidents
- Truck crashes
- Tractor-trailer collisions
- Tanker truck accidents
- Big rig accidents
- Pedestrian accidents
- Motorcycle accidents
- Bicycle accidents
Whether the accident occurs on a job site, during deliveries, or while traveling for work, employees can face serious injuries. Our car accident lawyers can evaluate your situation. They will explain your legal options for pursuing compensation.
- Workplace Violence — This can include physical altercations, verbal abuse, or harassment among co-workers. This type of violence can cause serious injuries and emotional distress.
- Electrocutions — These incidents can cause severe injuries. It can lead to burns or even death. These accidents often result from:
- Contact with live wires
- Faulty equipment
- Improper handling of electrical systems.
- Machinery Accidents — Equipment that is not properly maintained can cause accidents. Depending on the type of machinery, workers may suffer burns or crush injuries.
- Fire Accidents — Flammable materials and faulty wiring can cause fire accidents. These incidents can lead to severe burns, smoke inhalation, or even death.
- Falling or Swinging Objects — Falling or swinging objects pose a significant risk. These incidents can cause head injuries, broken bones, or lead to fatalities.
- Long-term Toxin Exposures — Long-term exposure to toxins can lead to serious health issues. These toxic elements may include asbestos, silica dust, or harmful chemicals. This condition may lead to:
- Respiratory diseases
- Organ damage
- Long-term disabilities
- Cancers
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
Role Of Negligence In Workers’ Compensation And Injury Claims
Since workers’ compensation is a no-fault system, workers do not need to prove that their employer acted negligently. All they need to show is that the illness or injury occurred while they were at work. Even if an employee was careless or partially at fault, they can still typically receive workers’ compensation benefits.
Workers’ compensation benefits are typically limited to medical treatment, wage replacement (including temporary or permanent disability benefits), and vocational rehabilitation. They do not cover pain and suffering. If another party’s negligence contributed to your injury (for example, defective equipment made by a third party), you may be able to file a separate personal injury claim in addition to receiving workers’ comp.
In personal injury claims, proving negligence is crucial. California follows a pure comparative negligence rule in personal injury cases. This means that if you are injured and file a lawsuit outside of workers’ compensation, such as against a third party (for example, a contractor, manufacturer, or driver), your compensation can be reduced based on the percentage of fault assigned to you. If you have more questions about these legal options, reach out to our Bakersfield work injury lawyers for clarification.
Types Of Compensation In A Work Injury Case
When a worker is injured in their workplace, they may be eligible to file for workers’ compensation benefits or pursue personal injury damages.
Workers’ Compensation Benefits
Workers’ compensation includes medical benefits to cover treatment for work-related injuries or illnesses. In some cases, it may also provide death benefits for the dependents of workers who die due to work-related causes. It may include:
- Paid Medical Care — As soon as your claim is approved, you’ll have the right to receive paid medical care to address your injury. A few examples of covered medical care are:
- Doctor visits
- Medical tests and treatments
- Hospital costs
- Medical equipment
- Chiropractic treatments
- Medication prescriptions
- Permanent Medical Benefits — If you suffer serious injuries, you may receive permanent disability benefits. They fall into two categories:
- Permanent Partial Disability — Workers with these injuries can still perform some of their job duties. However, they may face some limitations.
- Permanent Total Disability — This prevents workers from returning to their former jobs or doing any other type of work.
- Death Benefits — If your loved one died as a result of a workplace injury or illness. You may be entitled to workers’ compensation death benefits. Beneficiaries must be either fully or partially dependent on the deceased worker. A partial dependent is someone who does not completely rely on the deceased for support. Total dependents include:
- Children under the age of 18.
- Children who are physically or mentally disabled.
- A spouse earning less than $30,000 a year.
- Supplemental Job Displacement Benefits — A person with a partial disability may be eligible for this benefit. It includes compensation for books, tools, tuition, certifications, and exam fees for retraining.
Work-Related Personal Injury Claims
When someone other than your employer is responsible for your accident, you may be able to file a personal injury claim. This type of claim may provide compensation for:
- Medical expenses not covered by workers’ compensation insurance
- Lost income and reduced earning ability
- Pain and suffering
- Property damage
- Other out-of-pocket costs tied to the injury
Work injury claims can be complex. There are instances when both workers’ compensation and personal injury damages may be applicable. A Bakersfield work injury lawyer can explain the differences between the two claims. They can also review your case and guide you toward the type of claim that you may file.
Work-Related Injury Statistics
In 2023, the Bureau of Labor Statistics reported 5,283 fatal work injuries in the United States, which is a 3.7% decline from 5,486 in 2022.
Key findings include:
- Transportation incidents were the primary cause, responsible for 36.8% (1,942 deaths) of all workplace deaths.
- Violent acts, including homicides, resulted in 740 deaths.
- Falls, slips, and trips ranked as the top causes of fatalities across all sectors.
- Workers aged 55 to 64 had the highest number of deaths, with over 1,089 fatalities reported in 2023.
These statistics highlight the risks workers face in various industries. Although overall fatalities decreased, thousands of families were still affected by preventable workplace tragedies.
The following industries report higher rates of workplace incidents:
- Construction — Construction is one of the most hazardous industries due to the use of heights and heavy machinery.
- Transportation — Transportation accidents are a leading cause of workplace deaths. Workers face risks such as fatigue-related incidents and vehicle crashes.
- Healthcare — Healthcare professionals experience a high rate of non-fatal injuries compared to many other industries.
- Manufacturing & Warehousing — These industries commonly have accidents involving equipment-related injuries. Common hazards may also include:
- Slips and trips
- Falls from heights
- Material handling injuries
- Exposure to hazardous substances
Understanding these risks is important for both workers and employers. Stronger safety measures and proper training can play a crucial role in reducing the likelihood of future accidents. Moreover, access to legal support from Bakersfield work injury lawyers after an accident can help employees protect their rights and interests.
