Workers face many dangers in the workplace, including falls, scaffolding accidents, machinery failures, and environmental hazards. You may feel overwhelmed and unsure of your rights if you’ve been injured on the job. When you are involved in a work accident, you may not know if it is more appropriate to accept workers’ compensation benefits or pursue a third-party lawsuit to better recover your losses.
James C. Suits II is an experienced San Jose work accident lawyer and the founder of Suits Litigation, Inc. We help hardworking Santa Clara County employees and their families recover compensation for their work accident injuries. If you have been injured at work, you need the support of an established South Bay work accident lawyer to help you get the compensation you deserve.
Workers’ Compensation After and On-the-Job Injury
According to the California Department of Industrial Relations, most employers are required to maintain some kind of workers’ compensation policy for their employees in accordance with federal requirements. If you suffer a work-related injury, illness, or condition, workers’ compensation benefits will pay your medical expenses and reimburse you for a portion of wages lost due to the injury.
You may be able to receive workers’ comp benefits even if you are a temporary or part-time worker or don’t have legal residency. While workers’ compensation benefits are reserved for employees only, employees who are misclassified as “independent contractors” may still be eligible. If you have been denied or discouraged from pursuing a claim, you should contact an experienced work accident attorney immediately.
Unfortunately, workers’ compensation does not cover non-economic damages like pain and suffering, and it does not pay out the full amount of your losses. In most cases, you waive your right to sue your employer when you accept workers’ comp payments, leaving you unable to make up the difference.
However, if you take time to discuss your situation with qualified work accident attorneys, you may be able to protect yourself from missteps. These conversations may allow you to explore other avenues of recovery that you may not have known about.
When Your Employer’s Negligence Caused Your Injuries
Workers’ compensation benefits can be incredibly helpful in work accidents that may not have been anyone’s fault, or even those that were your fault. However, if your work injuries are the result of your employer’s negligence, you may be eligible to file a lawsuit against them to cover your medical expenses, lost wages, and other losses.
Here’s an example of when an employer might be responsible for an accident. Say that a coworker uses machinery and equipment in an unsafe manner under the supervision of their manager. If your manager witnesses the act and fails to intervene, this may be grounds for legal action. Your employer is responsible for creating and maintaining a culture of safety and responsibility. If they fail to appropriately train staff on safety policies or fail to intervene when employees violate these policies, they may be responsible for the fallout.
In most situations, you waive the ability to file a lawsuit against your employer when you accept workers’ compensation payments. This is one of the many reasons you should contact a San Jose work accident lawyer as soon as possible before making any final decisions.
Third-Party Liability for Workplace Accidents
Multiple factors contribute to causing unsafe situations on a job site or in the workplace. Sometimes, the actions or negligence of someone other than your employer causes accidents and injuries. You may be able to bring a legal claim against one or more of these “third parties” for damages.
Property Owners
Under California law, a property owner can be held liable for damage caused by willful acts or a lack of ordinary care in property management. If the owner is aware of a hazard but fails to take reasonable care to fix it or warn those who may encounter it, they may be partially responsible for injuries that result.
For example, asbestos is common in many California buildings. Property owners who discover it on their land must take reasonable steps to inform a construction team before workers enter the job site to minimize the risk of exposure. Similarly, your property owner may be liable for things like California Building Standards Code violations that may have contributed to or caused your accident.
Other Contractors and Subcontractors
Often, worksites have many teams working side-by-side. Other contractors have a duty to abide by OSHA guidelines to support the well-being of those around them. Those who do not adhere to safety requirements can endanger everyone in the area and may open themselves up to liability for work accident injuries.
You might be able to file a lawsuit against another contractor if their policies and procedures created an unsafe working environment that caused your injuries.
Other Employees
If a coworker causes an injury by engaging in a willful and unprovoked physical act of aggression, or is intoxicated when the injury is caused, then you may be able to pursue a civil action directly against your coworker.
For example, you would probably have a case against an employee who lied about their training and negligently drove a forklift over your foot.
Product Liability and Defect Claims
Poorly designed, defective, or malfunctioning equipment leads to many workplace accidents. Catastrophic disasters like scaffold and ladder collapses, crane collapses, explosions, and electric shocks have resulted from equipment failure or poor design.
If your injury was caused by a faulty tool, machinery, or other equipment, you might be able to bring a product liability claim against a manufacturer or distributor with knowledge of the defect or hazard. However, if your employer knowingly utilized a recalled product, they may be partially responsible.
Long-Term Work-Related Illnesses and Injuries
Workers in many industries, including construction, have long-term risks as well as immediate dangers. Some illnesses and medical issues take many years to develop and diagnose. These include chemical sensitivity, hearing loss, repetitive motion injuries like carpal tunnel syndrome, or chronic pain. In extreme cases, they may include mesothelioma and other respiratory diseases.
You may be able to recover damages for these types of injuries from several sources, including asbestos compensation funds. You may be able to pursue legal action on your own behalf or join with others in a larger claim. It is important to retain an experienced work injury attorney who can help you understand your options.
Suits Litigation Inc. Supports Injured Workers All Over San Jose
At Suits Litigation Inc., we know that suffering an injury from a work accident can leave you in a vulnerable position. You may not want to rock the boat for fear of losing your job, but you need the financial support that would come from a claim. Whether you are pursuing a lawsuit against your employer, a coworker, or a subcontractor, we are here to help.
The firm’s goal is to always practice law with efficiency, honesty, and integrity. However, we know that litigation can become intense, and James C. Suits II is not afraid of a fight when it comes to protecting clients. A positive client relationship is often integral to a successful outcome. We lead with competence, compassion, and understanding, not ego. This is clearly demonstrated in our client reviews.
Working with a work accident injury lawyer you trust is important, but it is irrelevant if you are constantly worried about the cost. This is one of the reasons we provide many of our services on a contingency fee schedule. Allowing you to seek the representation you deserve, knowing that you will not have to pay fees unless we win.
When you work with Suits Litigation Inc., you have someone by your side to help you fight for what you need, do the heavy lifting, and answer your questions throughout the process. We endeavor to be responsive to your calls and provide as much information and education as we can regarding your case and options.
Compensation When Multiple Responsible Parties Share Liability
If several parties share responsibility for the workplace accident, they may share in the legal liability. Our team can help you file multiple claims to address all liable parties. California’s comparative negligence law means that your award is paid according to the percentage of liability apportioned to each party.
This model allows you to recover compensation even when you have contributed to your injuries up to 99% liability. However, it also means that your award is reduced by the percentage of fault you assume. For example, if you are determined to be 10% at fault for your work injury, and your settlement or jury award is $100,000, the amount is reduced by your 10% liability, leaving you with $90,000.
If you have concerns regarding your contribution to your injuries, that is not a reason that should hold you back from exploring all of your options. Parsing the intricacies of liability can be incredibly difficult, and trying to do it alone may leave you with responsibility you did not earn. Our San Jose work accident attorney is ready to help.
Recoverable Damages in Construction Accident or Workplace Injury Cases
If you have grounds for a work injury claim, you may be able to recover compensation for both economic and non-economic damages. The specific types and values of damages you can claim will vary heavily based on the facts of your case, the extent of your injuries, and the way they have impacted your life.
Economic Damages
Economic damages address the financial losses associated with your injury and are often valued based on actual receipts or invoices. Most commonly, in these types of cases, they account for things like your past and future medical expenses, including devices and equipment. We recognize that the expense of an injury extends beyond the costs of your care and treatment, but oftentimes it includes the cost of outsourcing activities you can no longer do.
You may also claim the value of any lost income due to missing work, whether that is the initial recovery time or the need for follow-up or ongoing medical care. If your accident has severely limited your ability to perform your job duties and forced you into a lower-paying position or field, you may be eligible to claim damages for your lost future earnings.
Non-Economic Damages
These account for all other losses related to an injury. Most often, they cover the experiential losses and pain you experienced because of your injuries that may not be so easily determined from an invoice. These may include damages for your physical pain and suffering, or loss of enjoyment of life. Some injuries may allow your spouse to pursue a claim for loss of consortium, which accounts for the loss of things like affection or the sexual relationship with your spouse.
These damages are often valued in relation to the value of your economic damages. For example, the emotional pain and suffering one might experience after a spinal cord injury that leaves them paralyzed is likely very different from what one might experience after a broken arm. Valuing the non-economic damages as a multiplier of economic damages can help express some of that difference.
Additional Considerations Regarding the Compensation You Receive
If you recover compensation for medical expenses and lost income previously paid or reimbursed by workers’ compensation, you may have to repay the insurance carrier. This is a process known as subrogation, where the insurance company inserts itself as an injured party and is therefore entitled to a portion of your settlement.
However, the recoverable economic damages in a third-party lawsuit may significantly exceed those covered by workers’ comp. Your attorney can help you understand which options will provide the best return.
Contact an Experienced Work Accident Lawyer in San Jose, CA
If you are a construction worker who has been injured on the job in the San Jose area, or if you suffer from an illness or disability caused by your work, contact James C. Suits II. He and his team will fight for your rights and explore every option to recover the compensation you deserve and hold the responsible parties accountable. For a free consultation with a skilled work injury attorney, contact our San Jose law firm today