Irvine Work Related Car Accident Lawyer
Irvine Work-Related Car Accident Attorney
Workplace injuries can transform your everyday existence. Thousands of people working in all industries throughout the Irvine area contend with complex legal issues as they seek compensation for their damages after these incidents. Unfortunately, it’s possible for a work-related injury to happen in many ways. If you or a family member recently suffered injuries in a work-related car accident, you may have grounds to pursue more recovery options than just a workers’ compensation claim through your employer.
Helping Injured Irvine, CA, Workers Recover From Work-Related Car Accidents
Work-related car accidents can easily cause damages that far exceed the extent of what workers’ compensation insurance can offer, and it is always possible to encounter unexpected complications in the aftermath of any work injury. Diefer Law Group has years of experience handling all types of workers’ compensation cases in Irvine as well as related civil suits, such as third-party claims filed against those who directly harm Irvine workers.
Recovery from a work-related car accident in Irvine could be more challenging than resolving the aftermath of a standard work-related injury, but it may also present the opportunity to recover much more than one could typically expect from workers’ compensation insurance. The sooner you connect with an attorney you can trust, the more likely you will be to maximize your recovery.
Filing a Workers’ Compensation Claim in Irvine
All employers required to carry workers’ compensation insurance are also required to facilitate injured workers’ claims. Whenever an employee sustains any type of injury while working, they should report the incident to their supervisor immediately and seek medical care. The injured worker will likely need to undergo a formal medical evaluation from a workers’ compensation physician as part of the claim filing process.
The workers’ compensation doctor will assess the claimant’s condition and assign them a disability rating, a numerical rating between one and 100 that indicates the level of disability their injury has caused. The employer is not permitted to interfere with the claim filing process, nor may they fire an employee who requests a workers’ compensation claim form. Doing so would be retaliation and form grounds for the employee to file a lawsuit against their employer.
Once you complete the medical review process and receive your disability rating, you are ready to file your claim to your employer’s insurance carrier. Having an Irvine work injury attorney assist you with this process can streamline your recovery, and you will be prepared to address any disputes that may arise regarding your claim.
Understanding Workers’ Compensation Benefits
The purpose of workers’ compensation insurance is to shield employers from liability for their injured workers’ damages by providing financial compensation to those injured workers. A successful workers’ compensation claim can yield two types of compensation in these situations. First, the worker can receive coverage for their medical expenses. As long as the treatment is related to injuries suffered in a work-related accident, the insurance company will pay for it. Second, they can receive income replacement benefits for the time they are unable to work.
The disability rating you receive will determine the level of disability benefits you can receive from your employer’s insurance carrier. You may receive partial disability benefits that make up the difference in your income if your injury prevents you from earning as much as you did previously. If you cannot work at all after your injury, you may receive total disability benefits each week equal to two-thirds of your average weekly wage. These payments can typically continue for up to 104 weeks.
While workers’ compensation is an invaluable lifeline for most injured workers, it is unlikely to fully cover the damages you may have suffered in a work-related car accident. If your accident happened because of a third party, this could allow you to not only file a workers’ compensation claim because you were driving for work, but you could also pursue additional legal recourse against whoever caused the crash.
Further Recovery Through a Third-Party Action
The workers’ compensation laws typically prevent injured workers from filing civil suits against their employers in response to workplace injuries, but there are exceptions to this rule. Your Irvine work related auto injury attorney can advise you as to whether you have any grounds for legal action against your employer. Regarding work-related vehicle accidents, it is more likely that you will have grounds against another driver responsible for causing your accident.
Whenever a work-related injury occurs due to the actions of another party outside of the victim’s work, this can enable the victim to make not only a workers’ compensation claim but also a third-party personal injury suit to recover compensation for damages outside of what workers’ compensation provides. For example, you may recover full medical expense coverage through workers’ compensation but only receive a portion of your lost income. A third-party claim could not only allow you to recover the rest of your missing income but also compensation for the pain and suffering you experienced from the injury.
It’s important to remember that while fault may not necessarily factor into a workers’ compensation claim, it will be a more important issue in a related third-party suit. California upholds the pure comparative fault rule, which means that if a plaintiff bears partial liability for their personal injury, they will lose a percentage of the compensation won from the plaintiff to reflect this.
If you have any concerns about bearing partial responsibility for a recent work-related car accident in Irvine, CA, an experienced attorney is the ideal resource to consult for guidance in this challenging situation. Diefer Law Group is ready to provide the compassionate and detail-oriented legal support you need to approach your work injury claim with confidence.
FAQs About Work Related Auto Accidents in Irvine, CA
Q: Is My Employer Liable for a Work-Related Car Accident in Irvine?
A: Employers are required to have workers’ compensation insurance, and this insurance applies to any injuries an employee suffers while performing their work duties. If you are driving as part of your job responsibilities and sustain injuries in a vehicle crash, your employer’s workers’ compensation insurance can help pay for your medical expenses and provide disability benefits while you are unable to work during recovery.
Q: How Much Compensation Can I Claim for a Work-Related Car Accident?
A: Workers’ compensation insurance is a valuable lifeline after any work-related injury, but depending on how your vehicle accident happened, you could have grounds to pursue further legal recourse against whoever caused the accident. A workers’ compensation claim may cover your medical bills and a portion of your lost income, while an auto insurance claim against an at-fault driver may yield further recovery. If you have grounds for a third-party personal injury claim, you may be able to recover substantial pain and suffering compensation along with repayment of any economic damages you can’t recover through insurance.
Q: What Happens if My Employer Doesn’t Have Workers’ Compensation Insurance?
A: Almost all employers are legally required to have workers’ compensation insurance, but if your employer does not, you could have grounds for a civil suit against them if you suffer any type of work-related injury. If you are unsure what to do after a work-related car accident or if you believe your employer is directly liable for an injury, it’s important to consult an Irvine work injury attorney as soon as possible.
Q: Can I Claim Workers’ Compensation Benefits for a Work-Related Car Accident I Partially Caused?
A: Fault does not always matter in work injury cases. It’s possible to cause your own injury and still qualify for workers’ compensation benefits unless you caused the injury through some type of illegal misconduct on the job. Alternatively, if you file a personal injury claim and share partial liability, California’s pure comparative fault rule dictates that you will lose a percentage of your final case award equal to your percentage of fault for causing the accident.
Q: How Much Will It Cost to Hire an Irvine Work Related Auto Accident Attorney?
A: It’s understandable to worry about the potential cost of hiring legal counsel if you are already struggling with the financial effects of a work-related car accident. However, Diefer Law Group can accept your case with a contingency fee agreement. This means you will not be required to pay anything upfront or any ongoing legal fees for representation. Our firm takes a percentage of your final case award as our fee, but only after we win your case. If we are unable to recover compensation for you, there is no fee.
Contact Experienced Irvine Work-Related Auto Accident Attorneys Today
Diefer Law Group has extensive professional experience helping clients in the Irvine area with all types of work injury cases, including those pertaining to work-related car accidents. We know the various legal challenges you might encounter in the aftermath of such an incident and want to assist you with your recovery efforts. You have a limited time in which to pursue your recovery, so contact Diefer Law Group today to schedule a free consultation with an Irvine work injury attorney you can trust.
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