Bakersfield Workers' Compensation Attorneys

Bakersfield Workers’ Compensation Attorneys

Unfortunately, construction site accidents are very common in Bakersfield. Bakersfield also has the most employees in transportation and moving. Transportation accidents can also be very serious and cause serious injuries or fatalities. All employers in California have a duty to make sure that the environment is safe for all employees, and all employees are trained on how to use materials and equipment properly.

Although many employees will try to make an effort and make sure that the workplace is safe enough, accidents still may result. Employees in the agricultural, farming, construction, and transportation industries experience serious injuries while on the job.

There are around 5,000 employees in the United States that die while at work and on the job. These fatalities are all preventable by keeping the workplace environment safe.

Employees in Bakersfield have a right to demand a safe workplace environment. If you are an employee in Bakersfield, and your employer fosters a hostile work environment, or the work environment is dangerous, you have the right to report your employer for violating employment and labor laws. In the event that you or someone you know has been injured while on the job, you have a right to file a workers’ compensation claim to receive compensation and benefits. But, workers’ compensation claims are very specific, and all requirements must be met.

What is workers compensation?

Workers compensation laws in California allow employees to get compensated for costs related to an injury that occurred at work while on the job. The employee must have to prove though that the injury occurred while on the job, and not while doing a personal service. For example, an injury that you experienced while driving to a restaurant during your lunch hour is not considered an injury for purposes of workers’ compensation.

The employee must also have to prove that the accident that caused the injuries was not the employee’s fault. The employee cannot engage in horseplay and cause their own injuries through negligence.

What kind of compensation could I receive from workers compensation?

By filing a workers compensation claim and submitting the claim successfully, an employee could recover a variety of compensation, including:

• Medical costs: this includes hospital stay, prescription medication, physical therapy, surgeries, medical equipment, etc. that are used throughout treating the injuries.
• Disability: the employee is evaluated after the incident to see if the injury they have is permanent or temporary. When the severity of the injury is determined, the employee can then receive compensation for the resulting disability.
• Lost wages: the employee could recover compensation for lost wages since the injury impacted them so much that they were unable to return back to work temporarily.

What do I have to prove to get workers’ compensation?

Fortunately, a workers’ compensation claim has a very low standard of proving negligence. In fact, all the employee is required to show was that they were injured while on the job, and the injury was at no fault of their own. The employee doesn’t necessarily have to prove that the employer was negligent. This is different from a standard personal injury lawsuit.

Can I file a lawsuit?

A personal injury lawsuit is different from a worker’s compensation claim since a lawsuit requires the plaintiff, who is the party filing the lawsuit, to prove exactly how the employer was responsible for the employee’s injuries. But, if you file a workers’ compensation claim, you usually cannot file a personal injury lawsuit against your employer. Instead, you could file a lawsuit against other parties. For example, if your coworker or another third party, such as a government entity, was responsible for your injuries as well, you may be eligible to file a lawsuit against the other third parties. In that case, an employee would then have to show how that other third party was responsible. 

What compensation could I recover from a lawsuit?

Compared to simply filing a claim, an employee could recover a variety of compensation by filing a lawsuit in court. For example, an employee could recover:

• Medical bills
• Future medical treatment needed for the injuries
• Lost wages
• Future loss of income (this would require an in-depth look at the injuries)
• Emotional distress
• Pain and suffering
• Punitive damages (only awarded in some cases when the other party is malicious)

What are examples of workers’ compensation claims?

Some examples of accidents that lead to a worker’s compensation claim include:

• Car accidents: this usually happens when truck drivers file a claim with the trucking company because they have been involved in an accident while driving for the trucking company.
• Slips and falls: this usually occurs in white-collar jobs, such as offices where employees slip and fall or trip and fall on an object or liquid left on the floor.
• Injuries from equipment: this is common among construction sites.
• Fires: fires at work are common, especially in factory accidents. Because there are several different flammable materials and equipment that are flammable, explosions are also possible. This could lead to severe injuries, and employees will have to file a workers’ compensation claim. 

Do I need an attorney to file a workers’ compensation claim?

Workers’ compensation claims filed in Bakersfield are not as simple as they may sound. Although you don’t necessarily need to show how the employer was negligent, you do have to establish that you were injured while on the job, and demonstrate the injuries that you have suffered. This could take months of investigation, especially if you do not have the required documents and invoices. We recommend that you contact our attorneys through a free confidential consultation to discuss your case and whether you are eligible for a workers’ compensation claim. Unfortunately, many employees also miss the workers’ compensation deadline that they have.

Bakersfield Workers’ Compensation Attorneys

Contact our Bakersfield labor law attorneys for information on what type of claim you could file after sustaining an injury at work. Many employees don’t even know that they have the right to file a worker’s compensation claim if they have been injured at work. 

The key to filing a successful claim is having all relevant documents that support your injuries. This is where our top-rated attorneys come in. We will gather all medical records, including interviews with witnesses, and communicate with your employer, along with the employer handbook or insurance provider information. 

Having the right attorney on your side could make or break your case. It is very important that you hire an experienced attorney who can represent you and make sure that you get top-rated legal care. Give us a call today for more information. Our attorneys at Heidari law will help you and answer all necessary and relevant questions. 

Unfortunately, an injury while at work could take a financial toll not only on you but also on your family. We are here to help every step of the way. Our consultations are essentially risk-free, which means that you have nothing to lose when speaking to our attorneys. Our attorneys are available by phone, in person, through email or chat.