Oakland Industrial Work Injury Attorney
Representing Injured Industrial Workers in Oakland
Industrial workers are regularly exposed to multiple hazards on the job. Due to this, they’re vulnerable to accidents, resulting in severe harm, like traumatic brain injuries or even death. These accidents can instantly devastate a worker and their family, incapacitating them and leaving them unable to work. As a result, they’ll be paralyzed with bills and other necessities they cannot pay due to the lost income.
Because they perform some of the most demanding jobs in our workforce, blue collar workers are at a higher risk of being injured on the job. in 2015, the United States Department of Labor's statistical graphs shows that anywhere from 3-10% of Californian industrial workers (depending on your specific area of work) reported serious injuries. Even so, employers are expected to create and maintain safe working environments for all workers regardless of the workplace, be it a factory, construction site, or a warehouse.
If you are a blue collar worker who was injured on the job, you need to discuss your case with our caring legal team at Pacific Workers', The Lawyers for Injured Workers. We have helped thousands of injured workers get the compensation they need and deserve. We wish to help you too.
We proudly offer all our potential clients a free case evaluation. Schedule yours today by calling (888) 740-6434.
All About Workers’ Compensation
If you get injured on the job, pursuing a workers’ compensation claim is your best option for getting the right amount of compensation. When your claim is accepted, workers’ compensation will cover all the medical expenses caused by the accident, along with 66.6 percent of your weekly wages. These benefits can help you seek the medical attention you need to recover and pay your bills without additional stress, allowing you to get back on your feet more quickly.
You don’t always have to hire a lawyer when involved in an accident, but a work accident lawyer will inform you of your rights and help you navigate your case as efficiently as possible. With their help, you’ll avoid the many pitfalls that can lead to a court denying your claim.
Suing Your Employer
Workers’ compensation provides many tangible benefits that can help you bounce back from your injury. Still, it’s important to note that it won’t cover all your losses, like all of your lost income. It also won’t cover expenses related to your pain and suffering, which is why injured workers have wondered if they can sue their employer instead.
You won’t be able to sue your employer if workers’ compensation covers your claim. Nevertheless, many industrial accidents directly result from the employer’s negligence or disregard for their employees’ safety. These instances include explosions due to recognized gas leaks, electrocutions due to ill-maintained facilities, refusal to equip workers with the necessary personal protective equipment, and the refusal to repair recognized hazards, like malfunctioning machinery.
If these situations apply to you, you can sue your employer if you can demonstrate that they knew, with significant certainty, that their recklessness would lead to severe injury or death. While these scenarios are usually rare, speaking with a workers’ compensation attorney before filing a claim is crucial.
Having a Third-Party Claim
Sometimes, a third party may have caused or contributed to the accident that caused the injury. In these situations, you can pursue a claim against that individual or entity. For instance, if you unknowingly used defective equipment or machinery that resulted in your injury, you can sue them. Getting injured by a negligent motorist or another non-employee while at work qualifies you to pursue a claim against them.
Dedicated to Seeing Justice Prevail for California Injured Workers
Getting injured in an industrial accident is devastating, especially when it prevents you from working. Luckily, you have many options to pursue to ensure you get your rightful compensation and recover the costs related to your medical expenses.
Our Martindale-Hubbell® AV® Rated firm believes that injured workers should be fairly compensated for their injuries. Sadly, insurance companies have a reputation for offering the lowest amount of compensation possible. As soon as you seek our assistance, we can set the wheels in motion to help you recover maximum compensation. We will carefully review all the details of your matter and create a personalized strategy for you.
As our client, you can also expect the following:
- A full-time case manager
- Adequate and timely medical care
- Deposition preparation
- Trained court hearing officers
Many injured workers hesitate to retain legal representation because they fear they cannot afford it. This is why we handle workers’ compensation cases on a contingency fee basis. We don’t charge legal fees unless we recover compensation on your behalf! We are here for you, 24/7.
Need guidance? Speak with our Oakland industrial workers’ compensation attorneys!
Entrust us with your case so you can focus on recovering and spending time with your loved ones. We would be happy to walk you through the workers’ compensation process so you can move on with your life.
Please contact us for the reliable guidance you need for your blue collar injury.
We have Helped OVER 8,000 CLIENTS aND WE CAN HELP YOU TOO!
-
“Pacific Workers went to bat for me. Was I an easy person to get along with, no but they didn’t give up on me.”
David W. -
“I started my fight against my company's workers comp and after talking to Almarie for the first time I already felt a lot of weight off my shoulders.”
Jazzie D. Daly City, CA -
“I especially want to thank Mr. Jason Insdorf, who worked in attaining a settlement I never expected.”
L.S. Union City, CA -
“Bilal worked on my case and he was very professional, friendly, and kind to me. I was so nervous about my deposition and he made me feel very comfortable and less stressed about the whole situation.”
Gabi O. Sacramento, CA -
“They have strong communication and I was respected throughout the whole process. They had never given up on me!”
Nekealla C. Tracy, CA -
“My attorney provided me with a very smooth experience, patiently answered all my questions, and worked hard to represent my best interests.”
Dro L. Redwood City, CA
Proudly Serving Northern California
Workers' Comp FAQ
-
Do independent contractors get workers’ compensation in California?
No, most independent contractors are not covered by workers’ compensation insurance that is provided by their employer. The law does not require most employers to offer this sort of employment benefit to independent contractors. To get workers’ comp as an independent contractor, you will usually have to purchase a policy on your own.
-
Am I Eligible for Workers’ Compensation?
In California, all employees are eligible for workers’ compensation with very few exceptions. If you are classified as an “employee” (rather than an “independent contractor”), you are eligible to receive benefits. This is true regardless of how many employees your employer has, how many hours you work, how much you make, whether you work part-time or full-time, or whether you are a seasonal worker. Additionally, undocumented workers are also eligible for workers’ compensation granted they meet all other eligibility requirements. In contrast, independent contractors and certain other workers, including some volunteers, household workers who are employed by a family member, and others, are not able to file for workers’ compensation benefits.
-
My Employer Said That I’m an Independent Contractor, Not a Regular Employee, so I Can’t Get Benefits. Is This True?
You’re not necessarily an independent contractor by law if the nature of your job doesn’t fit the description, an attorney may help analyze your situation and guide you in this matter. There are high chances of contractors being eligible for workers’ compensation benefits, so it’s always worth trying.
-
Can't I Just File for Workers' Compensation on My Own?
Filing for workers' compensation on your own increases the chances that your claim will be denied. One small misstep can prevent you from obtaining the compensation you need for your injuries. In addition, the process is usually complex and tedious, especially for someone with no workers' compensation law experience. It is extremely advantageous that you seek reliable and experienced legal guidance for your claim.
-
What is the California 90-day rule for workers’ compensation?
After you inform your employer about your workplace accident, they need to tell the insurance company as soon as possible, usually within the same workday. Then, the claim administrator has 90 days to accept or deny your claim, with medical benefits being provided throughout that time. If there is no response within 90 days, then your claim ends in your favor by default.