Did you or a loved one sustain injuries while working in Walnut Creek, CA? You may be entitled to compensation under your employer’s workers’ compensation policy or by filing a lawsuit against a negligent third party. An experienced Walnut Creek workplace accidents lawyer at The Herman Firm can help you explore all of your options, call us at 925-532-1977.
Since 2014, we’ve been helping accident victims in the Bay Area recover compensation for their medical bills, lost wages, and pain and suffering. We’ve already recovered millions of dollars for our injured clients.
We’re prepared to fight for you. Contact our law offices in Walnut Creek, California, to schedule your free consultation today.
How The Herman Firm Can Help After a Workplace Accident in Walnut Creek
Workplace accidents happen all the time. They can happen instantly – and you don’t have to work in a dangerous industry to sustain a serious work injury.
After you’re injured on the job, you might need financial help to cover the bills while you recover. Even though you deserve compensation, getting money in your hands can be challenging. The workers’ compensation insurance company might challenge your right to benefits – and workers’ comp isn’t always enough to help you make ends meet.
Our experienced Walnut Creek personal injury lawyers at The Herman Firm are here to help. We have nearly ten years of experience fighting for injured workers. In that time, we’ve been recognized as Rising Stars by Super Lawyers and earned a spot in the Million Dollar Advocates Forum.
Hiring us means gaining an advocate to:
- Determine your legal options for recovering compensation
- Put a fair value on your injuries
- Identify the cause of your accident
- Hire expert witnesses who can back up your claim
- Seek fair compensation from all responsible parties
- Handle all insurance negotiations on your behalf
Creating an attorney-client relationship has many benefits. Our Walnut Creek personal injury attorneys are always available to discuss your case in detail, so call for your free consultation today.
How Common Are Workplace Accidents in Walnut Creek, CA?
Those statistics show roughly 24% of all workplace injuries occurred in California. A total of 645,409 workers’ compensation claims were filed across California in 2020. Further, 12,994 work-related injuries were reported in Contra Costa County alone in 2020.
According to the California Department of Industrial Relations, some of the most dangerous industries in California are:
- Natural resources and mining
- Agriculture and fishing
- Trade transportation and utilities
- Education and health services
- Leisure and hospitality
- State and local government occupations
At The Herman Firm, we handle all types of work accident claims in Walnut Creek. Call our law firm for a free case review today to learn more about your options.
What Is My Walnut Creek Workplace Accident Case Worth?
Many different factors will impact the value of your personal injury case. The severity of your injuries is typically the most important factor.
More specifically, the value of your case will depend on:
- The cost of your medical treatment
- Whether you’re totally or partially disabled
- Your average weekly wages before the accident
- Whether your injuries are permanent
- Whether you can return to work in any capacity
- The identity of the party responsible for your accident
Almost all workers can file a workers’ comp claim. However, the value of your weekly wage replacement check is limited. You can receive about ⅔ of your average weekly wages prior to the accident. However, your benefit is capped at $1,539.71 per week regardless of your prior earnings if you were injured in 2022.
What Types of Damages Are Available to Workplace Accident Victims?
Injured workers in California may have two options for recovering compensation: file a workers’ compensation claim or file a personal injury lawsuit against a negligent third party.
The types of damages available depend on which option is available in your case.
California Workers’ Compensation Benefits
Under California workers’ compensation laws, all injured workers are entitled to benefits for:
- All reasonable and necessary medical expenses, including doctor’s visits, hospitalization, medications, and rehabilitation
- Temporary disability
- Permanent disability
- Vocational training, if you can’t return to your previous work
Surviving family members may also be entitled to workers’ compensation death benefits in cases involving fatal work accidents.
Types of Damages Available in a Personal Injury Case
All injured workers are entitled to file a claim for workers’ comp benefits. You can’t sue your employer for damages. On the other hand, if a negligent third party caused your injuries, you can file a personal injury lawsuit for additional damages.
Negligent third parties may include:
- The at-fault driver in a car accident
- Manufacturers of defective work equipment or tools
- General contractors
- Property owners
- Engineers, architects, and other specialists
- Third-party vendors
- Maintenance companies
If you’re eligible to file a third-party claim, you’re entitled to seek compensation for both economic damages and non-economic damages, including:
- All unreimbursed medical costs
- 100% of your lost income
- Lost future earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Diminished quality of life
- Disfigurement or scarring
- Anxiety, depression, or PTSD
- Loss of consortium
If you were hurt on the job, it’s important to get the full compensation you deserve. Our lawyers will do everything we can to maximize your financial recovery.
Can I Recover Damages If I’m Being Blamed for a Workplace Accident in California?
Workers’ compensation is a no-fault insurance program. You could receive benefits even if the accident were your fault.
Shared fault becomes important if you’re eligible to file a personal injury lawsuit. Under California’s pure comparative negligence law, your settlement can be reduced in proportion to your percentage of fault. In other words, if you’re found to be 50% responsible, you’re only entitled to receive half of your compensation.
We’ll Fight to Recover Compensation for All of Your Workplace Accident Injuries
Some of the most common types of work-related injuries include:
- Back injuries
- Broken bones
- Repetitive stress injuries
- Nerve damage
- Strains, sprains, and other soft tissue damage
- Crushing injuries
- Brain injuries
- Spinal cord damage
- Head and neck injuries
- Eye injuries
- Hearing damage
- Lung damage caused by exposure to toxic substances
- Catastrophic injuries
Our wrongful death lawyers are here to fight for you when a workplace accident is fatal.
What Causes Most Workplace Accidents in Walnut Creek, California?
While workplace accidents can happen for many different reasons, they often occur because someone was careless or cut corners to maximize profits.
Some of the most common causes of workplace accidents include:
- Failure to follow state and federal safety regulations
- Lack of proper safety equipment
- Lack of fall protection gear
- Defective or unsafe work equipment
- Exposure to live electricity
- Physical strain and repetitive motions
- Exposure to toxic chemicals
- Communication failures
- Failure to properly train and supervise employees
- Dangerous property conditions
- Workplace violence
You’ll need to understand the cause of your accident to make sure you’re getting the full compensation you deserve.
At The Herman Firm, our Walnut Creek workplace accidents attorneys handle all types of work-related injury cases, including those involving:
- Scaffolding falls
- Roof and ladder falls
- Accidents where workers are caught between two objects
- Accidents caused by falling objects
- Manufacturing accidents
- Heavy machinery
- Welding accidents
- Slip and fall accidents
- Motor vehicle accidents
- Restaurant accidents
- Construction site accidents
- Fires and explosions
- And more
Were you injured on the job? Don’t hesitate to reach out to our workers’ comp attorneys in San Francisco to schedule a free case evaluation today.
Do I Have to Prove Negligence to Recover Compensation After a Workplace Accident in California?
It depends on how you’re seeking compensation. You don’t have to prove negligence to receive workers’ comp. However, you may face other challenges.
Your employer might claim:
- You failed to provide the required notice
- You weren’t injured in the course of employment
- You didn’t visit an approved doctor
- Your injuries were pre-existing
- Your paperwork wasn’t complete or on time
Most injured workers must prove negligence to recover damages in a personal injury lawsuit. To establish negligence, you have to show that the responsible party owed you a legal duty of care, breached that duty and that the breach caused your injuries.
How Long Do I Have to File a Lawsuit After a Workplace Accident in California?
You have two years to file a personal injury lawsuit under the statute of limitations in California. You have 30 days to notify your employer about the accident in order to receive worker’s comp benefits.
Waiting too long has serious consequences. If you don’t take legal action before the deadline, you’ll lose your right to compensation.
Contact a Walnut Creek Workplace Accidents Lawyer for a Free Consultation
Injured workers often leave money on the table because they don’t understand their options. Don’t make that mistake. Call an experienced Walnut Creek workplace accidents lawyer at The Herman Firm for a free initial consultation today.