Ventura Workplace Injury Lawyer
Dangerous tasks can be a part of many jobs. People who work with construction materials, power tools, heavy machinery, and electrical current are often at an increased risk of injury, but you can also face serious injuries from common job tasks like lifting and carrying or even typing. If you suffered a serious injury or developed a health condition because of the environment at your workplace, you may be entitled to file a lawsuit against your employer to seek compensation for your injuries.
If you live or work in the Ventura area, contact the Ventura workplace injury lawyers at the Law Offices of Bamieh and De Smeth today to discuss your workplace injury case. Our Ventura workplace injury attorneys represent victims and their families and work to help them file lawsuits for compensation after on-the-job injuries and accidents. To schedule a free legal consult on your case, contact our law offices today at (805) 585-5056.
Suing Employers for Work Injuries in California
California has a workers’ compensation system, which means that cases cannot typically go to court for on-the-job injuries. However, there are plenty of exceptions that allow you to take your employer to court instead of using workers’ compensation. Since workers’ comp. only pays a portion of your wages while you are out of work and may control which doctors you can use for medical care, you may be better off filing your claim in court where you can claim full compensation plus damages for pain and suffering.
Under California law, injured workers can sue their employer only under one of the following situations:
- Their employer does not have workers’ comp. insurance
- They are suing their employer in their capacity as someone other than an employer (e.g., as the purchaser of a defective product)
- An employer’s work to hide information from the employee made the injury worse
- The injuries were caused by an employer’s intentional harm or assault
Injured workers can typically sue people other than their employers for injuries sustained at work. This means that if you are injured by a coworker’s negligence or you were injured by defective gear or equipment, you may be able to sue that coworker or the manufacturer of that defective product.
In cases where you work as an independent contractor, you may also be able to sue. Workers’ comp. is designed to cover employees, not the employer. Since independent contractors are technically self-employed, your client’s workers’ comp. might not cover you. If they caused you injuries because of negligent care or dangerous defects at the job site, you may be able to sue them for this negligence instead of filing a workers’ comp. claim. Other contractors might be covered by workers’ comp. if they are treated as a regular employee and not an independent contractor.
Damages for On-the-Job Injury Lawsuits in California
When you win a case against your employer for on-the-job injuries or work-related disabilities you could be entitled to substantial compensation. Typically, there are three major areas of damages that injured workers can claim in court: medical expenses, lost wages, and pain and suffering. These damages cover the majority of the harms an injured worker faces, but additional damages may also be available if you suffered other harms.
Damages for medical expenses should cover the full value of any medical expenses you faced related to the injury. This means that a normally-scheduled physical or checkup with your doctor that takes place after the injury should not be covered, but every procedure, X-ray, surgery, or rehabilitation session to monitor and treat the injuries you received at work should be covered in their entirety by the damages you receive in court.
Workers who are injured on the job may not be able to work while they recover from the injuries or because the injury left them with serious physical disabilities. The lost wages you suffer should be compensated by the parties responsible for your injuries. If that was your employer, then it is only fair that they continue to pay you the full value of the wages you missed out on.
Damages for pain and suffering are separate from the other financial consequences you face. These damages are not typically available in a workers’ comp. claim or insurance claim, and the best way to get these damages covered is to take your case to court. There, you can testify to the amount of pain you felt and how it affected you mentally, emotionally, and in your day-to-day life. More severe injuries are typically worth higher compensation, and your attorney can help you understand what your injuries should be worth.
If a loved one was killed in a workplace accident, you could be entitled to compensation for their death. This can include the medical expenses they faced at the end of their life in addition to the harms you face because of their death. This includes the cost of funeral and burial expenses plus the value of lost wages, lost inheritances, lost companionship, and lost services around the house. These damages are often substantial.
On-the-Job Injury Lawyers in Ventura Offering Free Consultations
If you or a loved one faced serious injuries at work or because of workplace conditions, call the Law Offices of Bamieh and De Smeth today. Our Ventura workplace injury lawyers work to take on-the-job injury cases to court and fight for compensation for the injured victims. To schedule a free consultation on your case, call our attorneys today at (805) 585-5056.