Workers' Compensation Law
We have established our reputation as effective, tenacious, credible advocates for our client’s worthy cause.
As part of our firm’s longstanding commitment to the working people of San Diego County, we have attorneys who specialize in the practice of Workers’ Compensation law and a dedicated staff who assist them in their efforts on behalf of injured workers.
California’s Workers’ Compensation system is designed to assure every California worker certain basic rights when injured in the course of employment regardless of fault. There are generally two categories of workplace injuries: those resulting from a specific incident, such as a fall from a ladder; and those resulting from a continuous or cumulative trauma, such as repetitive typing on a keyboard.
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- When an injury occurs as a result of the worker’s use of a tool, piece of equipment or machinery if it was defectively designed or manufactured or inadequate warnings were given to the worker as the end user of the product. In such cases, the manufacturer or another party — in addition to your employer — may be responsible under the civil law for the harm caused.
- When an injury occurs as a result of the negligence or fault of another person outside your place of employment — such as another driver when you are on the road in connection with your employment, or as a result of the negligence or fault of a person working for another employer — such as a worker on a construction site working for one subcontractor when you work for another. In such cases, the other party or other party’s employer — in addition to your employer — may be responsible under the civil law for the harm caused.
- When an injury or its long-term consequences are made significantly worse by the negligence of a doctor or other medical provider who treats the injured worker. In such cases, the medical provider — in addition to your employer — may be responsible under the civil law for the harm caused.
To protect your rights under the civil law — in addition to your rights under the Workers’ Compensation Statute — it is often critical that evidence be preserved, inspected and photographed on a timely basis. On these occasions, getting competent legal representation can make the difference between a complete and only a partial recovery for all the harm done. See Injury Law.
Whether or not another party will or may become accountable for the harm you have suffered, your employer remains responsible for your injury under California’s Workers’ Compensation law regardless of fault. You have five basic rights under the Workers’ Compensation system.
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- The right to receive a weekly compensation benefit while you are temporarily, totally disabled.
- The right to have 100% coverage for the medical care required to treat your injury.
- The right to compensation for any permanent disability.
- The right to future, lifetime medical care to treat the effects of your injury.
- The right to receive certain retraining benefits, depending upon the date of your injury.