Oakland Workplace Accident Attorneys
We’ll tell you if you have a case or not, call (888) 488-1391 — We’re here 24 hours a day.
Professional Legal Representation From Our Oakland Workplace Accident Attorneys
Our Oakland workplace accident attorneys represent employees who have been injured on the job. Arash Law offers both extensive resources and dedicated support. We understand the impact of work-related injuries, which is why we offer free initial consultations to those seeking legal guidance. Call (888) 488-1391 to speak with our team during your consultation and discuss your case.
Workplace accidents can lead to serious injuries such as fractures, brain trauma, or even wrongful death, resulting in mounting medical bills, lost wages, and emotional distress. California law holds employers accountable for maintaining a safe work environment by providing proper training, adequate equipment, and effective safety protocols.
When employers fail to meet this critical obligation, injured workers can pursue compensation for their losses. Our Oakland workplace injury lawyers are here to help you hold the liable party accountable for your injuries.
What Can Oakland Workplace Accident Attorneys Do?
Our Oakland workplace accident attorneys develop legal strategies for each client’s unique situation, pursuing the financial compensation available under the law. Our process includes the following:
- Free Initial Consultation — During this no-obligation meeting, we thoroughly evaluate your case, explain all potential legal avenues available specifically for your situation, and answer any questions you may have about the legal process.
- Investigating — Our team will conduct an in-depth investigation and gather crucial evidence to strengthen your claim.
- Collaborating With Professionals — We partner with accident reconstruction specialists, medical professionals, vocational experts, and economists to build an evidence-based case. This testimony may help prove your injuries were preventable and quantify their full impact on your life, career, and future earnings potential.
- Submitting Your Claim — Once we develop a viable case, we will file all necessary paperwork so we can meet any specific deadlines that may impact your claim.
- Negotiating With Insurance Companies — We handle all communication with insurers. If your claim is denied or lacks sufficient coverage, we can assist with filing an appeal.
- Representing You in Court — If necessary, we can represent you in court to help you seek a fair and just resolution for your case.
With years of experience representing different clients, our accident attorneys can help you navigate the process of seeking just compensation. In addition, our understanding of California workplace injury law, insurance company procedures, and local court systems gives you a knowledgeable representation. Let our lawyers advocate for your legal rights.
Our client was working as a window washer when he fell several feet while cleaning a gutter and sustained a traumatic brain injury as well as injuries to his spine. Our firm uncovered liability beyond workers’ compensation and secured a $5,325,000 global settlement on behalf of our client.– ARASH KHORSANDI
Why Choose Arash Law’s Oakland Workplace Accident Lawyers
Choosing the right attorney for your workplace accident can significantly impact your settlement case. After representing and assisting clients in pursuing compensation, Arash Law outlines these provisions:
- Client-Centered Approach — Our firm focuses on your needs and seeks to provide clear communication while pursuing compensation. In addition, our team helps with medical treatments, paperwork, and deadlines, making the legal process easier so you can concentrate on healing.
- Client Availability — Our legal team is available 24/7, so you can reach your attorney anytime, day or night. Whether it’s urgent questions or updates, we offer phone, email, text, and video conferencing to keep you informed about your case.
- Contingency Fee Agreements — Our team works on a contingency fee basis, meaning you won’t be charged for the services of our attorney unless compensation is obtained. However, certain case-related expenses may still apply.
Questions People Frequently Ask Our Oakland Workplace Accident Attorneys
Below, our Oakland workplace accident attorneys answer some of the most common questions we receive from injured workers. If you don’t find the information you need here, call us at (888) 488-1391 for personalized assistance.
How Much Does It Cost To Hire A Workplace Accident Lawyer In Oakland?
You might be thinking, “I need a personal injury lawyer. Can I afford to hire one?” Most Oakland workplace accident attorneys work on a contingency fee basis, and our firm works on a similar arrangement. In other words, clients are not required to pay attorney’s fees unless we secure compensation on your behalf. Still, certain case-related expenses may apply regardless of the outcome.
Are Companies Required To Provide A Safety Program Or An Injury Prevention Program?
Yes, companies in California must provide a safety program or an Injury and Illness Prevention Program (IIPP) to maintain a safe working environment for their employees. Under California law, all employers must establish, implement, and maintain an IIPP to protect workers from workplace hazards.
The specifics of the IIPP may vary depending on the nature of the workplace and the risks associated with the job. For example, businesses in high-risk industries like construction must tailor their IIPP to address site-specific hazards such as falls, equipment malfunctions, and heavy machinery. Our Oakland workplace accident lawyers can gather crucial evidence to determine if your company violated these requirements.
How Does A Workers' Compensation Claim Work In California?
If you become ill or injured while on the job, your first step should be to notify your supervisor promptly. They should provide you with a DWC-1 form, or another employee may assist. Once you receive the form, promptly complete it and submit it to your employer’s insurance provider.
If you need medical attention, you should seek treatment from a doctor within the insurer’s network. Visiting a doctor within 30 days of the injury is essential for getting coverage for your medical costs. The insurance company has up to 90 days to review your claim and determine whether to approve or deny your benefits.
If your claim gets approved, you may qualify for further benefits, including compensation for a percentage of your weekly wages, typically for up to two years. Our Oakland workplace accident lawyers can assist you with this. We can also assess your case to determine if other damages are unaccounted for.
Who Pays Workers' Compensation Benefits?
Generally, a reputable insurance company chosen by the employer or the state’s workers’ compensation fund pays for these benefits. If your employer follows the law, one of these organizations will be responsible for disbursing your workers’ compensation.
However, if your employer does not have proper workers’ compensation insurance, the state may pay benefits through the Uninsured Employers Benefits Trust Fund, contingent upon adequate substantiation of the claim. Our Oakland workplace accident attorneys can assist you in pursuing the proper compensation.
How Long Can You Receive Workers' Compensation Benefits?
In California, the time you can receive workers’ compensation benefits depends on the nature of your injury or illness. Temporary disability benefits typically last up to two years, paying up to two-thirds of your average weekly wage.
If you have a permanent disability, you may receive permanent disability benefits, which can continue for life, depending on the severity of the condition. Considering different factors, it is recommended to consult with our Oakland workplace accident attorneys to determine this timeline.
How Do I Reopen A Workers' Compensation Claim In Oakland?
To have a workers’ compensation claim reopened, you must submit a petition within five years of the injury date. The likelihood of recovering lost benefits depends on the specifics of your case, so we recommend consulting with our Oakland workplace accident lawyers to evaluate your options. You must show in the petition that you require further medical treatment for the initial injury or that your condition has worsened since the claim closed, warranting additional compensation.
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Deadline For Filing Workplace Accident Claims
California’s time limit for filing a workers’ compensation claim begins when a workplace injury occurs. Workers have 1 year from the date of the injury to file a claim. However, if you fail to report the injury to your employer within 30 days, you risk losing your right to workers’ compensation benefits.
There are exceptions to the standard time limits that may allow you to file a claim beyond the usual deadlines. These exceptions include cases where the injury causes the worker to fall into a coma and when severe injuries require extended treatment, among others.
Meanwhile, a different deadline applies for personal injury cases. Typically, victims have two years from the date of the accident to file a claim. However, the time limit may change if the injuries are not discovered right away. Understanding these deadlines is important if your case involves a liable third party.
Several other exceptions may adjust the time limit for your workplace accident case. With the complexities of these legal deadlines, you need help from experienced Oakland workplace accident lawyers.
Common Workplace Accidents
Our Oakland workplace accident attorneys understand that a worker’s risk of injury largely depends on the nature of their job. However, specific injuries and accidents are more common across all industries. Some of the most common workplace accidents are:
Slips, Trips, And Falls
According to the Bureau of Labor Statistics (BLS), slip, trip, and fall accidents account for 18% of all work-related deaths in California. Common hazards include unmarked wet floors, exposed electrical cords, poor lighting, uneven flooring, and cluttered walkways. These seemingly minor hazards can result in catastrophic injuries, including broken bones, traumatic brain injuries (TBIs), and permanent spinal damage.
Despite clear OSHA regulations requiring employers to maintain hazard-free walking surfaces, these preventable accidents occur due to inadequate safety protocols, insufficient worker training, and negligent facility maintenance. Our workplace accident attorneys in Oakland are experienced in identifying these safety violations and holding employers accountable.
Vehicle Accidents
Nationwide data from the BLS states that on-the-job vehicle accidents accounted for 36.8% of work-related fatalities in 2023. These accidents are prevalent in transportation, construction, delivery services, and field sales positions. Despite strict federal and California regulations governing commercial driver qualifications, hours of service, and vehicle maintenance, these devastating crashes continue to occur at alarming rates.
Contributing factors include insufficient driver training, employer pressure to meet unrealistic delivery deadlines, fatigue from excessive work hours, distracted driving, and inadequate vehicle maintenance. Our attorneys thoroughly investigate these cases to identify all responsible parties, including the employer, vehicle manufacturers, maintenance contractors, and other negligent drivers.
Falling Objects
In industries like construction, injuries from falling objects are common. Though workers use hard hats and other protective gear for safety, injuries still happen. These injuries can range from minor bumps to severe head trauma. These incidents are preventable when there are proper safety standards and proper training.
Struck-By Accidents
Struck-by accidents occur in industries where falling tools, debris, and moving machinery are standard. These include the construction, agriculture, manufacturing, and logistics industries. These accidents can result in severe injuries, from bone fractures to TBIs.
Electrocution
Electricity-related hazards are prevalent in nearly every workplace, ranging from faulty wiring to electrical fires and explosions. Certain jobs, particularly in the utility, construction, and maintenance industries, expose workers to a higher risk of electrocution due to the nature of their work.
Proper safety protocols and equipment can prevent these accidents. To minimize human error, employers can reduce risks by providing thorough training, especially on specialized equipment.
If you are unsure whether you have a valid workplace accident claim, just fill out our “Do I Have A Case?” form. Our Oakland workplace accident attorneys will review your case and provide you with an assessment of all your legal options.
Steps To Take After A Workplace Accident
Filing a settlement case after a workplace injury requires taking several necessary steps. Our team here at our Oakland injury law firm recommends the following:
- Notify Your Employer — Under California Labor Code Section 5400, you must report your workplace injury to your employer within 30 days, or you risk losing your right to benefits. Report the injury in writing and keep a copy for your records. When reporting, include these critical details:
- The precise location, date, and time of the accident.
- A detailed description of exactly what happened and how the injury occurred.
- Names and contact information of any witnesses.
- Names of any supervisors or management personnel who were present.
- Photos or videos of the accident scene, hazardous conditions, and your injuries.
- Documentation of any safety violations or lack of protective equipment.
- Be factual and concise in your report, but avoid minimizing your injuries or accepting blame. Many injured workers make the critical mistake of saying, “I’m fine” or “It was my fault” after an accident, which insurance companies later use to deny claims. Our Oakland accident lawyers can help you properly document your injury and gather additional evidence you might not know is crucial for your case.
- Seek Medical Attention — It’s important to seek proper medical assessment for your injuries. Prompt treatment ensures your health and well-being and provides crucial medical documentation for your claim. It can also prevent insurance companies from undermining your injuries.
- Consult Workplace Accident Attorneys in Oakland — Navigating the legal process of filing a claim can be challenging, so it’s beneficial to seek the counsel of experienced Oakland attorneys for workplace accidents. A lawyer can guide you through the legal steps, reduce stress, and help you pursue fair compensation for your injuries and other losses.
Proving Liability In A Workplace Accident
You must firmly establish liability for the incident to have a successful workplace accident claim. To prove liability, our Oakland workplace accident attorneys must establish the four elements of negligence:
- Duty of Care — We will demonstrate that the responsible party (such as your employer, a contractor, or a product manufacturer) has legal obligations to keep you safe. In California, employers are required to have safety programs, provide training, supply the necessary equipment, and comply with Cal/OSHA regulations. For third parties, such as equipment manufacturers, we will explain their obligation so that their products are safe, function correctly, and come with proper warnings in accordance with product liability laws.
- Breach of Duty — We will document how the responsible party failed to meet legal safety obligations, such as poor training, defective equipment, and ignoring hazards. Our qualified safety professionals can identify the violations, which will help your case.
- Causation — We will establish a clear connection between the failure of the at-fault party to fulfill their duty and the accident that led to your injuries.
- Damages — We will demonstrate that the injuries and losses you sustained were a direct consequence of the accident caused by the at-fault party’s negligence.
There could be several intricacies in workplace accident cases. Let our workplace accident lawyers assess your situation and help you build your case. Call us at (888) 488-1391 to schedule a free consultation.
Evidence That Can Help With A Successful Workplace Accident Claim
You need strong pieces of evidence to build a solid case. Our Oakland workplace accident lawyers can gather and preserve the following:
- Medical Records — Accurate medical documentation is crucial for your workplace injury claim. Request all relevant records, such as emergency room reports, doctor notes, X-rays, and treatment plans, so they link your injuries to the accident. Keep a personal journal to detail your pain levels and the daily impacts. Our attorneys can assist in gathering and organizing these records.
- Accident Reports — Get copies of all official documents related to your accident, including your employer’s incident report, OSHA investigation reports, and internal safety committee findings. In California, employers must report serious workplace injuries to Cal/OSHA within 8 hours. These reports can reveal important information about workplace safety. If your employer did not document your accident, our attorneys can help you file a complaint to create an official record and possibly trigger an investigation into safety violations.
- Eyewitness Accounts — Statements from coworkers or other witnesses provide an independent account of the incident, adding credibility to your version of events.
- Visual Evidence — Photos or videos from the scene can show unsafe conditions, lack of safety equipment, or other factors contributing to your injury. Meanwhile, surveillance footage can provide more context for the accident.
- Employment Records — These records are essential to prove you were on duty during the accident.
- Professional Testimony — Medical professionals provide details about the injury, while safety experts can discuss industry standards and safety violations that contributed to the accident.
Coronel v. Howard’s Supply Co. (settled on 11/26/2019) – settlement in a case involving a client who sustained a traumatic brain injury and other trauma, including multiple fractures, when his arm was pulled into a lathe causing him to strike his head against the machine as he was pulled in.– TINA ESHGHIEH
Types Of Claims In Workplace Accident Cases
Injured workers have the right to seek compensation. Our Oakland workplace accident attorneys will evaluate your case to determine the proper course of action and pursue multiple claims if necessary. These claims may include:
Workers’ Compensation
Workers’ compensation operates on a no-fault basis in California, meaning you’re entitled to benefits regardless of who caused the accident (even if you were partially at fault). These benefits typically cover:
- All reasonable and necessary medical expenses.
- Temporary disability payments of approximately two-thirds of your average weekly wage (up to statutory maximums).
- Permanent disability compensation based on impairment rating.
- Vocational rehabilitation services to help you transition to a new role if you cannot return to your previous position.
While workers’ compensation provides crucial immediate benefits, it has significant limitations. It doesn’t compensate for pain and suffering, full lost wages, or other non-economic damages, so exploring additional claims is often essential for fair compensation. However, insurance companies and employers may try to deny claims for reasons like:
- Non-Work-Related Injury — To qualify for workers’ compensation, you must prove that your injury arose from and occurred in the scope of employment. Insurers may deny claims if the injury results from reckless behavior, intoxication, or intentional actions.
- Ineligibility Due to Employment Status — Workers’ compensation applies only to employees. If you are an independent contractor, this coverage may not apply.
Our experienced Oakland workplace accident attorneys are here to assist you if your workers’ compensation claim gets denied or disputed. We will gather essential employment records and supporting documents to meet the qualifications.
Personal Injury Claim
Many workplace accident victims may not realize they can seek compensation beyond workers’ compensation benefits. While these benefits often limit settlement for medical expenses and lost wages, third-party personal injury claims allow for appropriate compensation, including pain and suffering, emotional distress, and punitive damages in cases of gross negligence. These additional damages can result in settlements that are significantly larger than those from workers’ compensation alone. Our Oakland personal injury lawyers have the experience in identifying potential third-party claims.
You may be eligible to file a personal injury lawsuit if:
- Intentional or Reckless Conduct — If your injury resulted from deliberate or reckless actions, even by a coworker.
- The Employer Failed to Meet Legal Obligations — If your employer fails to provide workers’ compensation insurance or refuses to respond to your claim. Premises liability may also apply if the employer fails to maintain a safe workplace environment.
- There is a Third-Party Liability — If a third party (e.g., a contractor, a defective product manufacturer, or a negligent driver) causes your injuries.
- You Are an Independent Contractor — Independent contractors typically do not qualify for workers’ compensation benefits. However, depending on the specific circumstances of your accident, you may be eligible to file a personal injury claim for the damages.
Personal injury law also addresses wrongful deaths in the workplace. A wrongful death claim allows surviving family members to seek compensation for funeral expenses, burial costs, and the loss of financial support. Our Oakland workplace accident lawyers will explore all legal avenues to pursue complete coverage for your damages.
Recoverable Damages In Workplace Accidents
Filing a claim allows you to pursue your economic and non-economic losses. Our Oakland workplace accident attorneys can assist you in getting compensation for the following damages:
- Medical Costs — All your medical expenses, both current and future, should be covered. Injuries like traumatic brain injuries, internal organ damage, and severe burns often need emergency care and surgical intervention, which could be costly.
- Lost Income — Some injuries, such as spinal cord injuries and bone fractures, need more time to heal. You should receive reimbursement for your lost wages if you miss work because of the treatment and rehabilitation. Moreover, if your injuries result in a permanent disability, such as hearing loss, blindness, or amputation, you may be eligible for additional compensation. You can seek damages for loss of earning capacity and future income if the disability affects your ability to work.
- Non-Economic Damages — These damages account for the physical and emotional pain caused by your injury. They may include pain and suffering, emotional distress, loss of quality of life, and other intangible impacts on your well-being.
Workplace Accident Statistics
According to data from the National Safety Council (NSC), there were approximately 4,543 preventable work-related deaths in the U.S. in 2023, which translates to approximately 3.0 preventable injury-related deaths per 100,000 full-time equivalent workers. Additionally, there were over 4.07 million medically consulted work-related injuries nationwide.
In California specifically, the state’s Department of Industrial Relations reported 439 workplace fatalities in 2023, with construction, transportation, and manufacturing industries accounting for the highest number of deaths. These statistics highlight the continuing need for improved workplace safety measures and assertive legal representation for injured workers in the Oakland area.
Meanwhile, the U.S. Bureau of Labor Statistics revealed that private industry employers reported 2.6 million nonfatal workplace injuries and illnesses in the same year. With the available data, the BLS report shows that most nonfatal occupational injury cases happened in manufacturing, construction, retail, transportation and warehousing, and healthcare industries, among others.
Despite strict workplace safety regulations, it is concerning that preventable injuries continue to occur. Our Oakland workplace accident lawyers are here to support victims of such incidents and discuss the compensation they may be able to pursue.
Contact Our Oakland Workplace Accident Attorneys
Our Oakland workplace accident attorneys understand how devastating injuries can be for victims and their families. If you’re hurt while working, you may seek compensation and legal support. Contact us at (888) 488-1391 for a complimentary initial consultation to discuss your case and explore your rights.
Our Oakland lawyers also advocate for victims of car collisions, truck crashes, pedestrian incidents, hit-and-run cases, DUIs, and motorcycle accidents. Additionally, we handle cases of slip-and-falls, brain injuries, and Uber accidents. We serve Oakland and other nearby areas, including Alameda, Piedmont, Berkeley, Albany, Orinda, Moraga, San Leandro, San Francisco, Richmond, Lafayette, Tiburon, Ashland, San Pablo, San Lorenzo, El Sobrante, and the rest of California.
