San Diego Work Related Car Accident Lawyer
San Diego work injury attorney
California has very robust workers’ compensation laws compared to other states. Almost all employers in the state are required to have workers’ compensation insurance, and most employees are covered. However, this does not mean that workers’ compensation benefits alone will be enough to fully compensate your losses after a work-related injury or that filing your claim will be straightforward or easy. This is especially true after a work-related car accident in San Diego, CA.
Legal Counsel for Work-Related Car Accident Claims in San Diego, CA
When you are hurt in an accident while you are driving for work, you most likely have more recovery options available to you than just a workers’ compensation claim. If another driver caused the accident, you could hold them accountable for any damages you suffered that workers’ compensation insurance won’t cover. An experienced San Diego work injury attorney is the ideal resource to consult in this situation, as they can help you understand the full extent of your legal options in the aftermath of a work-related car accident.
Diefer Law Group has extensive professional experience representing all types of workers’ compensation cases in San Diego, and we have successfully helped many clients with legal recourse outside of the workers’ compensation system. If you suffered injuries in a car accident that happened while you were driving for work in the San Diego area, workers’ compensation may not be your only option for recovery. Our firm can review the details of your situation and help form a cohesive plan that aims for maximum recovery.
How to File Your Workers’ Compensation Claim in San Diego
If you are wondering whether your accident qualifies for workers’ compensation, it’s first necessary to determine your eligibility to file a claim. Workers’ compensation insurance applies to most employees, with the exception of independent contractors, freelancers, domestic care workers, and some part-time employees. Verify your employment status to ensure workers’ compensation will be available if and when you need it.
When you are in a car accident outside of a designated workspace, this incident would still qualify for workers’ compensation benefits as long as you were driving as part of your job duties. The location where your injury occurred is less important than what you were doing when the accident happened. For example, you cannot file a workers’ compensation claim for a car accident that happened while you were going to work or coming home from work, but if driving is part of your usual job responsibilities, an accident that happened on the clock would qualify for a claim.
You must report the accident to your supervisor immediately so they can create an incident report and provide you with the materials needed to file your claim. As part of the claim filing process, you will likely be required to undergo a medical evaluation from a workers’ compensation physician. This will be a local doctor approved by your employer’s insurance carrier. They will assess your injuries and assign a disability rating that indicates the severity of your condition. This rating will be crucial in the determination of your benefits.
Workers’ Compensation Benefits in San Diego
The average injured worker can expect two types of compensation if their claim for workers’ compensation benefits is approved. First, they will receive full coverage of their medical expenses. Their employer’s insurance carrier will pay for all treatment they need to reach maximum medical improvement from their injury. Second, they will receive disability benefits to make up for income they are unable to earn in recovery.
Most claimants will qualify for total disability benefit payments weekly for a maximum of 104 weeks. Each payment will be approximately two-thirds of their average weekly wage for the year prior to the injury. For example, if the claimant usually earns $1,500 per week, they will receive about $1,000 in each weekly payment. Partial disability benefits are possible if they can still work but cannot earn as much income after their accident.
Filing a Third-Party Claim for a Work-Related Car Accident
Workers’ compensation insurance may prevent you from filing a civil claim against your employer, but if a third party outside of your work caused your injury, you can pursue legal recourse against them. After recovering as much as you can in workers’ compensation benefits, any outstanding damages can be claimed from the driver who caused your accident. Similar to what you would do after any typical car accident, you could file an auto insurance claim against them for additional recovery before filing your personal injury suit.
Under California’s personal injury laws, the defendant is liable for the full extent of damages they inflicted on the plaintiff. Workers’ compensation may cover your medical bills and a portion of your lost income after the accident, but your third-party personal injury claim allows you to seek compensation for economic damages not covered by insurance, as well as pain and suffering compensation.
Ultimately, you could be entitled to recover much more than your employer’s workers’ compensation insurance can provide after a work-related car accident. However, this complex series of legal proceedings would be very challenging to approach unassisted, so it is important to consult a San Diego work injury attorney you can trust to help you through your case. Diefer Law Group has assisted many work-related car accident victims in the San Diego area, and we know the various legal challenges you could encounter in your efforts to recover as fully as possible. Whatever your case entails, it’s vital to consult with a legal representative you can trust as soon as you can after a work-related car accident to have the greatest chance of maximizing your recovery.
San Diego Auto Accident Lawyer FAQs
Q: Do I Need a Lawyer After a Work-Related Car Accident in San Diego?
A: You are not strictly required to hire legal representation for a work-related car accident case in San Diego, but doing so will dramatically improve your chances of maximizing your recovery from the incident. An experienced San Diego work injury attorney can help you take full advantage of all your options for legal recourse, which may include filing a workers’ compensation claim, filing an auto insurance claim against an at-fault driver, and building a personal injury case to recover the damages that insurance won’t cover.
Q: Can You Sue Your Employer for a Work Injury?
A: Workers’ compensation insurance protects employers from civil liability for injured workers’ damages. This means that you cannot file a civil claim against your employer unless they do not have workers’ compensation insurance. Another possible exception to the usual rule would be if your employer compelled you to complete a task outside of your typical job duties that had virtual certainty to result in injury or if they injured you intentionally somehow. It’s more likely to have grounds for civil action against a third party who caused your injury.
Q: How Much Compensation Can I Recover for a Work-Related Car Accident in San Diego?
A: A workers’ compensation claim can potentially yield full compensation for your medical expenses along with some compensation for the income you cannot earn in recovery. Disability benefits are usually paid at a rate of two-thirds of the injured worker’s average weekly wages each week for a maximum of 104 weeks. If you have grounds for a third-party personal injury claim after a work-related car accident, this could enable you to recover compensation for the damages that workers’ compensation insurance won’t cover.
Q: Can I Claim Pain and Suffering Compensation Through Workers’ Compensation?
A: No, workers’ compensation insurance will not provide any compensation for the pain and suffering you experienced in a work-related car accident. However, you can claim pain and suffering compensation in a third-party personal injury claim against the driver who caused your accident. California law does not place a cap on pain and suffering damages in motor vehicle accident cases, so if you do have grounds for a third-party claim, you could recover a substantial amount of pain and suffering compensation if you have the right attorney handling your case.
Q: How Much Will It Cost to Hire a San Diego Work Injury Attorney?
A: The attorneys at Diefer Law Group can provide the legal counsel you need after a work-related car accident without adding to your financial concerns. We take these cases on a contingency fee basis, which means that our client only pays a fee if and when we win their case, and they are not required to pay any upfront or ongoing fees throughout their proceedings. If we are unable to secure compensation for the client, there is no fee at all, and if we do win their case, they only pay a percentage of the final case award we recover on their behalf.
The right attorney on your side can make a tremendous positive difference in the outcome of your recovery efforts following any work-related car accident. The team at Diefer Law Group has years of experience helping our clients in the San Diego area with all types of work injury claims, including those arising from vehicle accidents. Whatever your case entails, you can trust our team to guide you to a positive outcome in your recovery efforts. Contact Diefer Law Group today and schedule a free consultation with a San Diego work injury attorney to learn more about the legal services we provide.
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