Millions of workers are injured in the U.S. every year. The U.S. Department of Labor Bureau of Labor Statistics (BLS) reports approximately 2.9 million nonfatal workplace injuries and illnesses in private industry in 2016.
If you have been injured in the workplace, you are entitled to compensation for your losses. Unfortunately, injured workers are not always able to obtain the benefits they need through workers’ compensation. Contact Faulkner Law Offices in Bakersfield for dedicated legal assistance in pursuing compensation after a workplace accident.
We have been representing injured people since 1974 with a sole focus on injury law. We believe this gives us the extensive knowledge necessary to better pursue compensation for our clients. We take a personal, client-centered approach, maintaining a direct line of communication to our clients. You are free to voice any questions or concerns as the need arises. We operate on a contingency fee basis, which means you pay us no legal fees until we win your case.
Your legal options after a workplace injury depend on the circumstances surrounding your accident.
Workers’ compensation was adopted in California in the second decade of the 20th Century. The system is based on a trade-off. Employees are entitled to fixed monetary awards for work-related injuries and illnesses regardless of fault and without going to court. In return, employees are prohibited from suing their employers for those injuries. Generally, the sole remedy of an employee injured on the job is a workers’ compensation claim.
However, there are a few exceptions to the rule. This includes, but is not limited to:
Workers’ compensation may not provide enough benefits for workers seriously injured on the job. The extent and types of benefits available to workers have been restricted by changes in workers’ compensation law. In certain situations, however, injured employees may pursue both a workers’ compensation claim and a claim for damages against a responsible third party (other than the worker’s employer). This is known as a third-party claim.
For example, when a worker is injured on the job because of defective equipment, the manufacturer or distributor of the defective product may be liable for the worker’s injuries. In this case, the injured worker would be able to claim workers’ compensation benefits and file a product liability claim against the manufacturer or distributor of the defective product that caused the injuries.
Damages you may be able to claim in a third-party lawsuit include medical expenses, lost wages, loss of earning capacity, and pain and suffering. In a workers’ compensation claim, benefits are typically limited to medical expenses, disability compensation, and a cash award for long-term disabilities.
An experienced injury attorney can investigate all possible sources of compensation for your injuries. Our Bakersfield injury lawyers have the knowledge and skills to analyze the circumstances surrounding your accident, determine fault, and identify any possible third-party claims.
If you have been injured in a workplace accident, contact Faulkner Law Offices to schedule a consultation. Our experienced injury attorneys can explain your options under the law.