Work-related injuries may happen in many different ways. Some accidents are one-time events, while other injuries or illnesses are results of repeated exposures at work. Equipment accidents are usually one-time events. People who are hurt on the job in either a single event or repeated exposures are usually entitled to receive certain benefits under California workers’ compensation laws. The Orange County workers’ compensation attorneys at Howard Law, P.C., can help you determine the benefits to which you may be entitled if you have been hurt in an equipment accident at work.
Depending upon the nature and extent of an injury or illness suffered during the course and scope of employment, an injured worker may be able to receive paid medical care (with no deductible), temporary disability benefits, permanent disability benefits, or supplemental job displacement benefits. The families of people who die due to work-related accidents or illnesses may pursue death benefits, including burial expenses.How Equipment Accidents May Differ from Other Job Injury Claims
While it is always important to give timely notice of a work injury, in equipment accident cases an employee should also seek legal counsel as soon as possible after the accident because they may also have a “third-party action” that might result in additional compensation. Generally, a person who is hurt at work is limited to receiving workers’ compensation benefits from their employer (or its insurance company). However, if the negligence of a third party, such as an equipment manufacturer, contributed to the work injury, the employee may be able to pursue a separate legal action against that entity. This is good news because a worker may be able to receive compensation for certain damages like pain and suffering in a third-party action that are not available under workers’ compensation laws. It is important to note, however, that the employer may be entitled to a portion of a judgment or settlement in a third-party action to recoup benefits paid to the employer through the workers’ compensation system.
In an equipment accident case, a third-party action would likely come in the form of a product liability lawsuit asserting a claim of a defective or unreasonably dangerous product. There may be multiple theories of liability in these lawsuits, including strict product liability, negligence, marketing defect, failure to warn, manufacturing defect, design defect, or breach of warranty. Such claims are subject to a strict statute of limitations and sometimes a statute of repose as well. Claims that are not filed by the time set forth in the statutes establishing such deadlines are usually deemed waived by the courts. Thus, it is important to talk to a lawyer soon after an equipment accident so that they can determine all of the possible avenues of recovery and take appropriate steps in seeking maximum benefits for the injured worker.Contact an Orange County Attorney for Your Workers’ Compensation Case
The experienced job injury attorneys at Howard Law, P.C., are ready to help people who need legal representation in pursuing fair compensation for an equipment accident on the job. For an appointment to discuss your Southern California case, call us at (800) 872-5925 or contact us online. Our Orange County workers’ compensation lawyers represent people in Anaheim, Santa Ana, Los Angeles, San Diego, San Bernardino, Long Beach, Pomona, and Riverside, as well as other cities in Orange, Los Angeles, San Diego, San Bernardino, and Riverside Counties. Our philosophy is “Mission First, People Always,” and we are confident that you will be glad that you made the call to learn more about how we can help with your case.