Workplace injuries can happen anytime, even in safe environments. Stockton has a variety of different workplaces and occupations where these unfortunate events can happen, and they can affect both your work and private life.
Our experienced Stockton personal injury lawyers at Maison Law understand how difficult these accidents can be. We’re here to assist you or any other client in Stockton with guidance and support through the claims process after a workplace accident. If you or a loved one have been injured in a workplace accident, contact us today for a free consultation.
Is My Employer Responsible For a Workplace Accident in Stockton?
Getting injured is never a good situation, especially if it happens while you’re at work. California law recognizes the importance of your safety and well-being in such cases. It provides options for holding the responsible party accountable and safeguarding your employment.
If you’re injured, you can seek financial support from the party responsible for the accident, whether it occurred during work hours or not. To do this, you need to establish negligence, which involves proving four key points:
- Duty of care – The responsible person or group had a legal obligation to keep you safe. For example, your employer must ensure a safe workplace, or another boat operator must operate safely.
- Breach of duty – If they failed to fulfill their duty to keep you safe, it’s considered a breach.
- Causation – You must demonstrate that the breach directly led to your injury.
- Damages – You need to show that you suffered real harm due to the injury, typically by seeking immediate medical attention to document your injuries.
Once negligence is established, you can proceed with a personal injury claim. Importantly, if you’re hurt at work, California law not only allows you to file a personal injury claim but also protects you from adverse actions by your employer, such as termination or demotion due to your injury. With that said, there are a number of potentially liable parties in a typical Stockton workplace accident, depending on the circumstances:
- Employer – In many cases, your employer is responsible for providing a safe work environment for their employees. If the accident was a result of the employer’s negligence, such as not maintaining safe conditions, inadequate training, or failing to provide necessary safety equipment, your employer may be liable.
- Third parties – Not everyone you’ll work with actually works for your employer directly. This includes subcontractors, equipment manufacturers, property owners, or other people or entities working at or near the workplace. If their actions or negligence contributed to the accident, they may share liability.
- Co-workers – In general, co-workers are protected from personal injury lawsuits by the workers’ compensation system. However, there may be exceptions if your co-worker’s intentional actions or gross negligence led to the accident.
- Property owners – If the accident occurred on someone else’s property, such as a construction site or a customer’s premises, the property owner may be liable if their negligence contributed to the accident.
- Government agencies – In some cases, if the accident occurred on government property or as a result of government negligence, a government agency may be liable. However, suing a government agency often involves a different process, with unique rules and limitations.
As you can see, figuring out who is responsible for your workplace accident depends heavily on the circumstances. With that said, like any other accident, it ultimately boils down to negligence. As such, our team can help you not only determine liability, but can then assist you through the claims process after your workplace accident.
Process After a Stockton Workplace Accident
When you’re hurt at work in Stockton, there is a specific procedure for taking action to protect your rights and legal options. The main difference with a workplace accident claim is that it probably will involve workers’ compensation coverage, as well. Our team of experienced Stockton workplace accident lawyers can help you at every stage of the claims process, but generally it will involve the following:
- Get medical care immediately – Your health should be the top priority. If you’re injured, seek medical care promptly, either by calling 911 or going to a healthcare facility.
- Report the accident – Report the accident and your injuries to your employer as soon as possible. California law generally requires that workplace injuries be reported within 30 days.
- Workers’ compensation – In California, most workplace injuries are covered by the workers’ compensation system. Your employer should provide you with a claim form to start the process. Fill the form out and return it to them, also ask for a copy of the completed form.
- Investigation – Your employer’s workers’ compensation insurance carrier will investigate your claim. This may include reviewing medical records and speaking with you and witnesses.
- Medical evaluation – You may be required to undergo a medical evaluation by a doctor chosen by the insurance company. This evaluation helps determine the extent of your injuries and the necessary treatment.
- Benefit determination – The insurance company will determine whether your claim is valid and what benefits you are entitled to, which may include medical treatment, temporary disability benefits, permanent disability benefits, and vocational rehabilitation.
- Dispute resolution -If there are disputes about your claim, such as the extent of your disability or the cause of your injury, you may need to participate in a dispute resolution process, which could involve negotiation, mediation, or a workers’ compensation hearing.
- Return to work – If you’re able, your employer may offer you suitable work within your medical restrictions. If you are unable to return to your previous job, vocational rehabilitation services may be provided to help you find alternative employment.
Civil process
Concurrently, you can also enter into the civil process after your accident. This process follows the same procedure as any other accident in Stockton, and generally involves filing either an insurance claim against the liable parties or a personal injury lawsuit. The good news is that many of the same pieces of evidence and documentation that apply to your workplace claim also apply to your civil claim.
Damages Available in a Stockton Workplace Accident Claim
When you file a civil claim after a Stockton workplace accident, your goal is to seek financial support for the harm you’ve suffered. No matter what your job is, being hurt at work may require medical treatment, ongoing care, and support for the emotional distress caused by the accident. These are known as “compensatory damages,” meant to cover what you’ve lost due to the accident. Here are common damages you can pursue in a Stockton workplace accident claim:
- Medical Expenses
- Lost Wages
- Property Damage
- Physical and Emotional Pain
- Reduced Quality of Life
- Loss of Companionship
- Scarring or Disfigurement
- Punitive damages, if whoever was responsible was extremely negligent
The specific damages you can seek depend on your situation and the severity of your injuries. While our Maison Law team can help you understand your legal options, ultimately, you’ll need to present your case to an insurance company to secure the available financial support. We follow a methodical approach to assist you:
- Investigation – We thoroughly examine the accident, collecting evidence, speaking with witnesses, obtaining documents, and consulting experts if needed.
- Medical assessment – We collaborate with medical experts to assess injuries, treatment needs, and long-term outlook, crucial for determining fair compensation.
- Legal strategy – We create a customized plan based on our findings, which may include negotiations, workers’ comp claims, or lawsuits.
- Negotiation – We aim to settle with the other party for fair compensation, covering medical costs, lost wages, pain, and suffering.
- Litigation – If negotiations fail, we’re prepared to go to court, vigorously representing our client’s rights.
- Communication – We maintain transparent communication, providing updates and addressing concerns.
- Resolution – Our goal is to secure the best outcome, be it through settlement or litigation, ensuring fair compensation
Our goal is to help you navigate this process effectively and secure the compensation you deserve for your workplace accident in Stockton. To that end, it’s important to understand that like any other accident, you have a two-year statute of limitations on filing a workplace accident claim. Missing this deadline could mena missing out on much-needed financial support.
Experienced Stockton Workplace Accident Lawyers
At Maison Law, we understand the demanding life of you and other workers in Stockton. Your daily work is not just about providing for your family but also producing for your employer’s business. Yet, given the inherent hazards in many workplaces, the risk of injury is ever-present.
Should such an unfortunate incident happen to you, Maison Law is here to provide the legal support and guidance you need. Our dedicated team of Stockton workplace accident lawyers has the dedication and resources needed to guide you through this challenging time. If you’ve been hurt at work, don’t hesitate to contact us today to set up a free, no-obligation consultation.
