Workers Compensation

San Diego Workers Compensation Attorney

June 1, 2018 Injury Lawyer San Diego 0

If you are a San Diego resident that has been injured on the job, you deserve to get full coverage of your medical costs and lost wages, right? WRONG. Recent changes in the California Workers Compensation Act now limit the scope and depth of your benefits.

Though the act protects workers and guarantees them compensation without having to go through the time-consuming and costly court system, many injured victims will still have to battle it out with their employers and workers compensation insurers. It is best to have an experienced and capable San Diego workers compensation attorney by your side to handle this dispute and get the money you need and deserve. Contact us for a free consultation.

Injured San Diego Workers May Receive Greater Disability Payments

May 26, 2018 Injury Lawyer San Diego 0

In 2004, in the face of ever increasing insurance premiums, the California passed extensive Workers’ Compensation reform. One of the targets of the reforms was to reduce permanent disability payments to workers who had been permanently injured at work.

The result of the reforms was that disability payments to injured workers were slashed by at least 50%, insurance premiums for employers dropped dramatically, and the insurance carriers reported their highest profits in 30 years. The losers were clearly injured employees.

Now, after vetoing proposed permanent disability payment increases the last 2 years, Governor Schwarzenegger now appears willing to increase benefits to injured workers by at least 16%.

Increased benefits are definitely needed. According to the political action group, Voters Injured at Work, Californians are being shortchanged:

According to one group, Voters Injured at Work, people who lose a foot get $28,820, compared with the national average of $80,976. A lost eye fetches $17,714 versus $74,558. And deafness in one ear is worth $5,280, 83% below the national average.

Honestly, an increase of 16% is a good start, but it is not enough. The 2004 Reforms–and some reform was needed to reign in premium costs–went too far and left injured workers without a way to be compensated for life-changing injuries. Remember, the Workers’ Compensation system exists because more than a century ago, the states took away the right of injured workers to sue their employers and coworkers in civil court for workplace injuries.

If the Workers’ Compensation system doesn’t provide adequate compensation, injured workers are left without any recourse and assistance.

The Most Dangerous Lines of Work in San Diego

March 30, 2018 Injury Lawyer San Diego 0

With years spent representing San Diego residents injured both on and off work, We understand the dangers present in all manner of workplaces and also that some lines of work feature more hazards than others. According to the U.S. Bureau of Labor Statistics (BLS), there was an average of 118 injuries per 10,000 full-time workers in 2010. While injuries range from minor trauma that is quickly recovered from to fatality-causing injuries, every worker is in danger of suffering some form of injury during his or her career. But what jobs have a greater likelihood of injuring employees?

To stay as safe as possible, San Diego workers must understand the dangers of the professions they work in or are considering joining. Some of the most dangerous jobs commonly found in and around the San Diego area include:

  • Fishing Work: High injury and fatality rate due to harsh weather conditions and heavy equipment that can cause serious injuries during an accident.
  • Truck Driving: Long driving hours and grueling schedules put drivers at a higher likelihood of a crash, which is often much more devastating than a normal car accident.
  • Industrial Repair: Working with malfunctioning heavy equipment can cause unexpected accidents affecting repair workers attempting to fix the machine.
  • Construction: Unfinished structures, heavy machinery, dangerous equipment, large motor vehicles, and high work zones can easily cause an accident that is severe in nature.
  • Electrical Installation/Repair: Working with electrical equipment can electrocute a worker during an accident, equipment malfunction, or co-worker mistake.

Work injuries are common, but thankfully workers’ compensation can help an injury victim recover from their trauma and not suffer the financial consequences of being unable to work. Unfortunately, compensation is often denied for valid claims. San Diego workers’ compensation attorney can aid you in your search for proper injury compensation. For a free consultation on your case, contact us.

Workers’ Compensation Coverage is Still Effective for San Diego Workplace Accidents Even When Worker is at Fault

March 6, 2018 Injury Lawyer San Diego 0

Most of the time, when San Diego workers are injured on the job, worker’s compensation should cover the costs of the injury. It usually does not matter whether the worker is at fault for the injury or if the injury is caused by an unsafe condition on the site. Even if a San Diego worker at work is clumsy or stops paying attention while operating on a machine, worker’s compensation will most likely cover the costs of the injury. Carelessness and even recklessness are not enough to prevent compensation for a San Diego injured employee.

Worker’s compensation may be denied to San Diego workers when they self-inflict injuries while committing a crime, or if they hurt themselves while violating a company policy such as drinking on the job. However, if none of these situations are true and a San Diegan is hurt on the job, they are entitled to rights and financial pay-offs for the costs.

In addition, if a San Diego laborer is injured while on the job due to the negligence or carelessness of an employee or agent of another company (one other than his employer), then he may have a civil workplace accident claim against the other company for its’ employee’s negligence.