For the most part, San Diego workplaces are considerably safer today than they wore 20 years ago. Extensive local, state, and federal government regulations exist to ensure worker safety. In addition, technological advancement has improved workplace conditions. Unfortunately, accidents still occur. While many workplace accidents are minor, a surprisingly large number of on-the-job injuries have profound consequences.
If you experienced an on-the-job injury, you should meet with an experienced worker’s comp attorney to discuss your next steps. Our seasoned legal team has experience helping injured employees file San Diego permanent disability workers’ compensation claims.
State law requires most employers to carry insurance or self-insure their employees to protect them against accidents on the job. Workers’ compensation benefits differ from other types of compensation, and there are a few key details to understand.
Workers’ compensation claims are considered no-fault claims. An injured employee does not need to find evidence proving that their employer was at fault for their accident. Workers can generally still collect benefits for on-the-job injuries even if their own negligence led to the incident in question. For example, if a factory worker carelessly dropped a heavy box on their foot, that worker could still collect workers’ comp benefits even though their employer did nothing to cause them to drop the box.
Workers’ compensation claims are also exclusive. For instance, employees cannot collect these benefits and then try to sue their employer in civil court for causing their injury or illness. However, injured workers can often file civil claims for compensation if they were hurt by a negligent third party. For example, another person, such as a subcontractor, another driver, or an independent contractor, often bears partial responsibility for an on-the-job accident.
If an employee gets hurt on the job and is left with a permanent disability, a dedicated San Diego lawyer could help them factor these two elements of the worker’s compensation system into their claim.
Some people suffer such severe workplace injuries or illnesses that they can never return to their jobs. Other people have permanent disability that may leave them with ongoing pain or scarring. There are different kinds of worker’s compensation benefits for different extents of debilitating injury.
Under the state’s workers’ compensation statute, an employee is permanently and totally disabled if an injury or illness has left them unable to do any kind of job, or if their rating under the AMA guides comes out to 100%. A worker is also considered permanently and totally disabled if they have completely lost the use of any two of their eyes, feet, legs, hands, or arms.
Permanently and totally disabled workers are eligible for “permanent total disability benefits” for the rest of their lives. A seasoned legal representative could help with pursuing these payments.
An injured worker has a permanent partial disability if a job-related accident or illness causes a severe injury to part of their body that prevents them from working at their previous capacity. Some examples of permanent partial disabilities include:
A knowledgeable San Diego lawyer could examine the situation and explain how much compensation might be available through a permanent partial disability claim.
Any type of workplace accident can set you back physically, emotionally, and financially. However, devastating injuries that leave you with permanent disabilities can do even more to alter your life. If you suffered a life-changing injury due to your job, you might be eligible to collect benefits.
An experienced attorney has a proven record of success helping injured people collect benefits through San Diego permanent disability workers’ compensation claims. Make an appointment with our team today to discuss your situation.