What to Do After a Work Accident

Steps to Take Following an On-the-Job Injury

If you are injured in a work accident, it is important to understand your right to recovery and compensation. Many people think that they cannot report a work injury or receive compensation due to their position, wages, or benefits — but these aren’t determining factors in your case.

It is important is that you seek full recovery from your injuries. After an accident at work, you should seek medical attention as soon as possible and file a report with your employer within 30 days, though sooner is better.

After filing a report, you should know whether or not your employer subscribes to workers’ compensation insurance. Your employer’s coverage will determine how you should proceed with your case, and you can move forward with help from our firm.

Call The Sexton Law Firm at (619) 202-8976 today to schedule a consultation with our team.

Should You File a Workers’ Compensation or Personal Injury Claim?

The steps you need to take to bring your work injury claim depend on whether your employer is a subscriber or a nonsubscriber to workers’ compensation.

If your employer is a subscriber, then you only need to show that you did not intentionally cause your injuries and that you were not intoxicated in some way when the injuries occurred. In a subscriber case, you can immediately receive compensation for your medical expenses and lost wages after you miss one week of work, without an injury claim being filed.

If your employer is a nonsubscriber, then you will need to bring a personal injury claim against them. This means you will need to prove that your employer was somehow negligent in causing the accident that led to your injuries.

If you are able to show that your employer was negligent, then you can receive compensation for all of your present and future medical expenses, as well as lost wages and other damages, including pain and suffering damages.

At The Sexton Law Firm, we can help you determine if your employer is a subscriber or a nonsubscriber, and we then help you take the necessary steps to get the maximum compensation for your claim. With extensive knowledge of the California workers’ compensation system and personal injury law, our attorneys can guide you to the best possible outcome for your case.

Understanding Your Rights as an Injured Worker

After a work-related injury, many employees are not fully aware of their rights and protections under California law. At The Sexton Law Firm, we believe that knowledge is power, and we want to empower you to advocate for yourself effectively. Knowing your rights can save you time, reduce stress, and ensure you obtain the compensation you deserve.

Here are some essential rights that injured workers in Chula Vista should know:

• Right to Medical Treatment: You are entitled to receive necessary medical care for your injury, which should be covered by your employer’s workers’ compensation insurance.
• Right to File a Claim: If you’ve been injured at work, you have the right to file a workers’ compensation claim without fear of retaliation from your employer.
• Right to Compensation: You may be eligible for wage loss benefits, permanent disability benefits, and other forms of compensation as you recover from your injury.
• Protection Against Discrimination: California law protects you from discrimination or retaliation if you file a claim or report unsafe working conditions.

We encourage injured workers to reach out to us for guidance on navigating the complexities of workers' compensation claims and to ensure that their rights are fully protected. Let us help you understand the legal options available to you and work toward a fair resolution.

How Our Lawyer Can Assist You After a Work Accident

Here’s how we can assist you:

• Comprehensive Case Evaluation: We begin by thoroughly evaluating your case to understand the details of your accident, the extent of your injuries, and your financial needs. This allows us to provide tailored advice on the best course of action to pursue your claim.
• Assistance With Filing Claims: Filing a workers’ compensation claim involves detailed paperwork and strict deadlines. We will handle all factors of the claim process, ensuring that everything is submitted correctly and on time. We will also communicate with your employer’s insurance company on your behalf, so you can concentrate on your recovery.
• Medical Care Coordination: Ensuring that you receive the appropriate medical care is crucial. We can help coordinate with medical providers to ensure your treatment is covered by workers’ compensation and that all necessary documentation is in order. If your claim is denied, we’ll work to appeal the decision and secure the care you need.
• Negotiating Settlements: In some cases, the insurance company could offer a settlement that doesn’t fully cover your medical expenses or lost wages. If necessary, we are prepared to take your case to court to secure the compensation you deserve.
• Appealing Denied Claims: If your workers’ compensation claim is rejected, you still have options. We will review the denial, identify the reasons, and file an appeal on your behalf. Our goal is to ensure that you receive the benefits you are entitled to under the law.
• Exploring Additional Legal Options: In some situations, you may have the right to pursue additional legal claims, such as a personal injury lawsuit against a third party responsible for your accident. We’ll assess your case to determine if other legal avenues are available and guide you through the process.

Understanding Your Rights After a Work Accident

It's crucial to understand your legal rights and protections after experiencing a work-related accident. The laws surrounding workers' compensation and personal injury claims can be complex, but knowing your entitlements is the first step in securing the compensation you deserve. At The Sexton Law Firm, we believe in empowering our clients with knowledge about their rights.

Here are some key points to consider:

• Right to Medical Care: You are entitled to appropriate medical treatment for your injuries, and your employer's insurance company is typically responsible for these costs.
• Right to Compensation: If you sustain a work injury, you may be eligible for wage loss benefits, which can help cover your lost income while you recover.
• Right to Legal Representation: As a victim of a workplace accident, you have the right to an attorney who can guide you through the claims process and advocate on your behalf.
• Protection from Retaliation: It is illegal for employers to retaliate against employees for filing a workers' compensation claim, and you should not hesitate to assert your rights.

Our dedicated team at The Sexton Law Firm is committed to helping you navigate these complex issues, ensuring you understand every aspect of your case. Don't face the aftermath of a work accident alone—reach out to us for knowledgeable support every step of the way.

Schedule A Free Consultation Today

Get back to the job that provides for your family. If you are the victim of an injury at work, you can schedule a free initial consultation today to discuss your right to recovery.

Contact our offices in Chula Vista and Oceanside to speak with a lawyer today by calling (619) 202-8976 or sending us a message. Se habla español.