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Any injury that happens to an individual in the place where he or she works can be considered a workplace injury. In California, the good news is that the number of workplace injuries reported has fallen by about 9% in 2009; the bad news is that injuries, along with illnesses, still happen, hence the need to seek damages. Millions of workers around the world suffer from an injury at work and many of these accidents lead to serious injuries or even fatalities. For people who ask, Can I sue for a workplace injury, here is information you can use.
Broadly defined, work injury can be any physical illness or injury contracted as a result of one’s duties performed during work hours. It can, for example, include injuries sustained while operating machinery, slipping and falling while on a job site, inhalation of harmful chemicals or substances from the air in a factory or office, wounds sustained due to an accident at work or injuries experienced while lifting and carrying heavy materials or equipment, even if it is part of one’s duties. Certain illnesses are also covered and considered workplace injuries, such as conditions and diseases that are contracted due to exposure to the work environment. In cases where the employee has pre-existing conditions, he or she may file for a compensation claim if these conditions were aggravated by work situations or environments, although compensation will usually be limited to the aggravation alone.
No doubt, many people who have experienced injury on the job were told that they would receive compensation from workers insurance. In many cases, an employee can expect four types of benefits, namely: temporary disability, medical treatment, permanent disability and/or vocational rehabilitation.
Generally speaking, employers are protected against lawsuits from their employees who become injured on the job, so employees cannot file a lawsuit against the company. However, there are some exceptions, such as when employers expose their workers to harmful work environments either knowingly or through negligence. An injured employee can also sue for workplace injury if a third party caused the injury.
Not all workplace injuries can be settled fairly through worker’s compensation insurance. Some employers, for example, may not have workers insurance and may be liable for a civil case. In addition, if the injury came as the result of actions or events caused by third parties such as other employees, suppliers, customers or property owners, the person who suffers from the injury may also choose to file a case of personal injury against that third party. The law covering personal and workplace injury is rather complicated, so having the right legal support from a trained and experienced professional is important to ensure that you perform the right steps that will get you the fair and necessary compensation for your injuries. Workers injury lawyers can provide you with information about the different benefits you are entitled to collect based on your case. It may even be possible for you to file multiple lawsuits against several parties and be able to collect damages that will help you receive an amount that is closer to the real cost of your injury.
The workplace injury attorneys at The May Firm handle all personal injury cases, which includes workplace injuries. Contact the personal injury lawyers at The May Firm for a free workplace injury consultation – (805) 980-7758.
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