Everyone should have the right to work in a safe environment, unfortunately, accidents can still happen. If you’ve been injured on the job, continue reading and make sure to call a Santa Clara County personal injury attorney so we can discuss your options.
How can I protect my rights if I’ve been injured on the job?
Understanding your rights as a worker is essential to your longevity in the workplace and ensuring that you’re not taken advantage of. This is even more essential when you’ve been injured in the workplace. There are a series of steps that should be taken in the event of a workplace injury, namely reporting the incident to your employer and filing a claim with the workers’ compensation court. These steps formally inform your employer of your injury and serve as documentation of the incident. This can then be used later to prove the legitimacy of your claim.
Am I entitled to workers’ compensation if I’ve been injured on the job in California?
If you’ve been injured on the job in California, then odds are you’re entitled to compensation. When you’ve suffered a workplace injury, you’ll need to make sure to report your injury to your employer and then file your workers’ compensation claim. You’ll have 30 days to report your injury to your employer and a year to file your claim. Failure to do so may result in you being barred from pursuing legal action and receiving your compensation. We always advise clients to act sooner rather than later when filing a claim, because even if they submit a claim within the allotted time, they may still be risking the validity of their claim. For instance, if you submit your claim towards the end of the given time period, then your employer’s lawyer may begin poking holes in your argument, making litigation more contentious than it needs to be.
Can I file a third-party claim in California?
Third-party claims may be a great option if you feel like workers’ compensation will not meet your needs. Choosing this option allows you to sue a party for greater damages than you might’ve received if you’d accepted workers’ compensation. While a third-party claim can be filed against your employer, it’s best used when suing someone other than your employer. Say you were injured on the job, but your job involves driving and you were hit by another driver. Your employer wouldn’t have been able to prevent this, so it would be best to pursue legal action against this third party.
CONTACT OUR SANTA CLARA COUNTY FIRM
When someone is wrongly injured in an accident, they often require financial compensation to heal. Contact the Law Offices of Brian J. O’Grady today to learn how we can help.