Generally, your possibilities are limited in California. In most cases, employers are shielded from being held liable if employees sustain injuries while working. However, if an employer deliberately hurt you or acted in a way likely to cause harm, you could have legal grounds to sue.
In certain circumstances, you might be able to take legal action against a third party alongside your employer if they were instrumental in causing your injury. Suppose you’re a construction worker and a flawed equipment piece injures you; you may have the grounds to sue the equipment manufacturer, designer, and others involved.
Always consult a well-versed workers’ compensation attorney promptly after your accident. To arrange a consultation with experienced workers comp attorney Belal Hamideh, use the contact options provided on this site.
The Advantage of a Worker’s Compensation Attorney for Your Case
Engaging a proficient personal injury attorney from California greatly improves your chances of success. These professionals have in-depth knowledge of court procedures, the legal system, and particularly personal injury laws.
An experienced lawyer can give you precise guidance on your claim’s worth, ensuring you receive compensation for all possible damages, including punitive, economic, emotional distress, and others. A lawyer will also save you valuable time, giving you more space to focus on your healing process.
What Cases Does a Personal Injury Attorney Handle?
Personal injury attorneys in California usually handle a diverse range of vehicle accident cases, such as:
- Motor Vehicle Accidents: Drivers must exercise “duty of care” on the road. If you’re injured due to their reckless or negligent actions, you deserve compensation.
- Pedestrian, Bike, Motorcycle, and Truck Accidents: If you’re injured in these scenarios, we have years of experience in securing the rightful compensation.
- Dog Bite Injuries: Minor dog bites can cause long-term harm and severe complications.
- Slip and Fall Accidents: If you’re injured due to a slip or fall at another person’s property, you may be eligible for damages.
- Construction Site Accidents: If your injury at a construction site resulted from another company’s employee negligence, you can file a personal injury claim against that company.
- Rideshare Accidents: You can claim for compensation from their insurance policies if you’re in an accident as a passenger or driver in an Uber or Lyft vehicle.
- Wrongful Death: Although no amount of compensation can truly make up for the tragic loss of a loved one, we can fight to ensure you receive damages for the pain you’ve suffered.
What Should be Your Course of Action After an Accident?
The initial response should be staying calm to the best of your ability. Ascertain your safety, which may include repositioning your vehicle away from danger or distancing yourself from any potential hazards. Law enforcement should be alerted but first evaluate any injuries to determine if urgent medical help is needed.
If you’re physically okay, make sure to record the event in detail. Swap relevant data such as contact and insurance specifics with other participants and capture as many photos as possible. Locate any possible eyewitnesses and compile their details. A vital, often overlooked point: Refrain from accepting responsibility or apologizing until the case is under evaluation.
What is the Cost Implication of a Personal Injury Lawyer?
To break it down: Our services are delivered on a contingency basis, and there’s no need for advance payment. You don’t have to empty your pockets to retain Belal Hamideh as your personal injury lawyer. His fee is sourced from your compensation or the “contingency fee” premise.
This implies that our charges correlate directly to the sum you collect in your settlement/victory. Simply put, we don’t earn if we don’t secure your case. As a result, we are deeply invested in advocating your case with maximum vigor.
What is the Typical Personal Injury Settlement Value?
There’s no predefined price for a personal injury settlement due to each case and injury’s uniqueness. However, Belal Hamideh Law’s history has seen us recoup millions for our clients. The settlement amount is influenced by medical expenses, lost wages, and the physical and emotional trauma caused by the accident. We’re committed to tirelessly seeking the highest possible compensation for your injuries.
What is the Duration of a Personal Injury Case?
Negotiating with an insurance firm usually spans one to twelve weeks. If an attractive offer is proposed early, the claim resolves faster. If the insurer aims to present a paltry offer, we’ll confer with you on accepting their top offer or proceeding to court. Just a scant two percent of cases reach court, as insurers prefer early settlements. If we must file a lawsuit, your claim can resolve at any moment before the trial.
Who Can Be Sued for My Injuries?
Billing anyone responsible for your injuries is feasible. We can tap into our extensive resources to conduct an all-encompassing probe into your accident to precisely pinpoint the guilty parties and sue them. Largely, these parties could be careless/reckless drivers, employers, vehicle proprietors, real estate owners, repair shops, public bodies, product producers, designers, among others.
Is Compensation Attainable if I’m Partially Responsible for the Accident?
Yes, even if you bear some guilt, reimbursement is attainable. Under “comparative negligence”, your compensation will be proportionate to your share of the accident blame. For instance, if your liability for your motorcycle accident is 25%, you can still potentially secure 75% of the awarded compensation.
Partner with the Right Personal Injury Attorney in California
Dealing with a personal injury is notably stressful. Retaining a seasoned personal injury attorney ensures you obtain deserved compensation while concentrating on your recovery.
Laws to Know in Regards to a Work Injury
The following laws may be pertinent to your work injury situation. If you have further questions, reach out to Belal.
California Code, Labor Code – LAB § 3600
(a) Liability for the compensation provided by this division, in lieu of any other liability whatsoever to any person except as otherwise specifically provided in Sections 3602, 3706, and 4558, shall, without regard to negligence, exist against an employer for any injury sustained by his or her employees arising out of and in the course of the employment and for the death of any employee if the injury proximately causes death, in those cases where the following conditions of compensation concur:
(1) Where, at the time of the injury, both the employer and the employee are subject to the compensation provisions of this division.
(2) Where, at the time of the injury, the employee is performing service growing out of and incidental to his or her employment and is acting within the course of his or her employment.
(3) Where the injury is proximately caused by the employment, either with or without negligence.
(4) Where the injury is not caused by the intoxication, by alcohol or the unlawful use of a controlled substance, of the injured employee. As used in this paragraph, “controlled substance” shall have the same meaning as prescribed in Section 11007 of the Health and Safety Code.
(5) Where the injury is not intentionally self-inflicted.
(6) Where the employee has not willfully and deliberately caused his or her own death.
(7) Where the injury does not arise out of an altercation in which the injured employee is the initial physical aggressor.
(8) Where the injury is not caused by the commission of a felony, or a crime which is punishable as specified in subdivision (b) of Section 17 of the Penal Code, by the injured employee, for which he or she has been convicted.
(9) Where the injury does not arise out of voluntary participation in any off-duty recreational, social, or athletic activity not constituting part of the employee’s work-related duties, except where these activities are a reasonable expectancy of, or are expressly or impliedly required by, the employment. The administrative director shall promulgate reasonable rules and regulations requiring employers to post and keep posted in a conspicuous place or places a notice advising employees of the provisions of this subdivision. Failure of the employer to post the notice shall not constitute an expression of intent to waive the provisions of this subdivision.
(10) Except for psychiatric injuries governed by subdivision (e) of Section 3208.3, where the claim for compensation is filed after notice of termination or layoff, including voluntary layoff, and the claim is for an injury occurring prior to the time of notice of termination or layoff, no compensation shall be paid unless the employee demonstrates by a preponderance of the evidence that one or more of the following conditions apply:
(A) The employer has notice of the injury, as provided under Chapter 2 (commencing with Section 5400), prior to the notice of termination or layoff.
(B) The employee’s medical records, existing prior to the notice of termination or layoff, contain evidence of the injury.
(C) The date of injury, as specified in Section 5411, is subsequent to the date of the notice of termination or layoff, but prior to the effective date of the termination or layoff.
(D) The date of injury, as specified in Section 5412, is subsequent to the date of the notice of termination or layoff.
For purposes of this paragraph, an employee provided notice pursuant to Sections 44948.5, 44949, 44951, 44955, 72411, 87740, and 87743 of the Education Code shall be considered to have been provided a notice of termination or layoff only upon a district’s final decision not to reemploy that person.
A notice of termination or layoff that is not followed within 60 days by that termination or layoff shall not be subject to the provisions of this paragraph, and this paragraph shall not apply until receipt of a later notice of termination or layoff. The issuance of frequent notices of termination or layoff to an employee shall be considered a bad faith personnel action and shall make this paragraph inapplicable to the employee.
(b) Where an employee, or his or her dependents, receives the compensation provided by this division and secures a judgment for, or settlement of, civil damages pursuant to those specific exemptions to the employee’s exclusive remedy set forth in subdivision (b) of Section 3602 and Section 4558, the compensation paid under this division shall be credited against the judgment or settlement, and the employer shall be relieved from the obligation to pay further compensation to, or on behalf of, the employee or his or her dependents up to the net amount of the judgment or settlement received by the employee or his or her heirs, or that portion of the judgment as has been satisfied.
(c) For purposes of determining whether to grant or deny a workers’ compensation claim, if an employee is injured or killed by a third party in the course of the employee’s employment, no personal relationship or personal connection shall be deemed to exist between the employee and the third party based only on a determination that the third party injured or killed the employee solely because of the third party’s personal beliefs relating to his or her perception of the employee’s race, religious creed, color, national origin, age, disability, sex, gender, gender identity, gender expression, or sexual orientation.