If you’ve been injured on the job, you may be entitled to benefits under California’s Workers’ Compensation Act. By law, any injured worker is entitled to seek compensation for their work-related injury or illness without having to prove negligence or establish cause. In return, your employer’s insurance program should pay for your medical treatment and partial wage replacement until you are able to return to work. However, there are times when injured workers need more than just workers’ compensation benefits. If your work injury was caused by a negligent third party, you may be eligible to file a lawsuit.
Filing a Lawsuit after a Workplace Injury in San JoseWorkers’ compensation benefits are typically far less than what injured workers may need to recover. Some severe and disabling injuries require significant sums to pay for long-term medical expenses and disability. If a third party caused your accident or contributed to your injuries, you may be able to file a third party lawsuit against them. However, your ability to file this type of claim depends on establishing liability and having an aggressive law firm on your side.
For example, if you’re injured while working as a subcontractor on a construction site, it might seem like a typical workplace injury at first. So, you may think you’re only eligible for workers’ compensation benefits. However, upon further investigation it may be determined that the general contractor was negligent and failed to maintain a safe work environment, which led to your accident and injuries. In this scenario, you would be able to file a third-party lawsuit against the general contractor for significantly more compensation than you would receive under workers’ compensation.
Most Common Type of Workplace Injuries In 2013 alone, more than 4,405 workers were killed on the job, and 3.3 million more sustained serious and catastrophic injuries. Workplace injuries can range from mild strains and sprains to head and crushing injuries. Some of the most common workplace injuries include:
When a worker is injured on the job, they may be unable to work for an extended period of time. This can cause crippling financial strain for their families. Unfortunately, you are unable to collect money for pain and suffering after a work- related injury. By filing a third-party lawsuit, however, you can seek full compensation for current and future lost wages along with emotional distress and other non-economic damages.
Types of Third Party Workplace Injury Accidents in CaliforniaAt Corsiglia, McMahon, & Allard, LLP, we have successfully handled a wide variety of workplace injury claims including:
Our goal is to obtain maximum compensation for your workplace injury and we do this by aggressively investigating all aspects of your claim. We can identify all the negligent parties, including subcontractors, general contractors, and city/government entities, through meticulous preparation and investigation
Most Common Industries for Workplace Accidents A workplace accident can occur in virtually every industry across the United States. From desk jobs to construction jobs, no one is immune from being injured on the job. According to the National Safety Council, however, there are some industries where workplace accidents are more common. At Corsiglia, McMahon & Allard, LLP, our workplace injury litigation attorneys have successfully represented workers who have been injured in a wide range of industries, including:
- Agriculture
- Mining
- Construction
- Manufacturing
- Wholesale and retail trade
- Transportation
- Utilities
- Leisure and hospitality
- Industrial
- Government
- Health services
- Educational services
We Can Help Injured Workers Get Back on the Road to RecoveryIf you or someone you love has been injured in a workplace accident, you need an experienced attorney on your side from the very start. You may be entitled to both workers’ compensation benefits, as well as damages from a negligent third party. At Corsiglia, McMahon & Allard, LLP, our San Jose workplace injury litigation attorneys can help you get back on the road to recovery after being sidelined by a workplace injury.
To learn more about how we can assist you and your family, call us at 408-289-1417 to schedule a free consultation. One of our attorneys will meet with you personally. No matter where you’re located – we’re here to help. Locations served: San Jose | Santa Clara County | San Francisco Bay Area | Northern California.
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