San Jose Industrial Accident Lawyer
On most days, your workplace likely is safe. So when a serious industrial accident leaves you injured, unable to work, and saddled with sky-high medical bills, you might not know where to look for help.
That feeling is often made worse when you realize that workers compensation is unlikely to cover all of your damages.
Fortunately, you can enlist the services of a qualified San Jose industrial accident lawyer. Your attorney will assess your case, determine whether you’re eligible for compensation beyond what workers comp provides, and fight for every cent you’re owed.
To enhance your chances of receiving fair compensation for your workplace accident, team up with Bohn & Fletcher, LLP.
Examples of San Jose Industrial Accidents
Examples of industrial accidents include the following:
- Falling Objects – Sometimes, workplace objects are improperly placed or not secured adequately, which can cause serious injury.
- Chemical Exposure – Although many workplaces don’t contain dangerous chemicals, it’s still worth noting that exposure to hazardous substances can severely damage your health. In the workplace, all potentially harmful chemicals should be properly contained and labeled.
- Explosions – Workplaces that deal with volatile substances are at risk of explosions when they cut corners or do not maintain safety standards.
- Improper Lifting – Over a million American employees a year sustain acute or chronic back problems as a result of their jobs.
Whatever the cause of your injuries, it’s important to identify all the losses you have experienced and expect to experience as a result of your accident. These damages may include medical bills, lost wages, pain and suffering, and scarring or disfigurement.
Filing a Personal Injury Claim for a Work Accident
While better than nothing, workers comp is often inadequate, making it imperative to find other ways to receive compensation. Under certain circumstances, California law lets work accident victims recover additional damages through personal injury claims.
For example, if your employer was somehow negligent in his or her maintenance of the workplace, you may have legal grounds for a personal injury suit. In fact, if your employer doesn’t carry workers comp or liability insurance, that is grounds for a suit on its own.
Determining whether you’re eligible for personal injury compensation rather than workers comp can be tricky. This highlights the importance of working with an experienced San Jose industrial accident attorney.
Comparative Negligence and Industrial Accidents
To determine a party’s level of liability in a personal injury case, California uses a standard called comparative negligence. Comparative negligence can be most simply explained as a system that allows multiple parties to share the blame for an accident on a proportional basis.
If you’re found partially responsible for your San Jose industrial accident, your compensation will be reduced by the percentage of responsibility you hold. For instance, if you were operating a forklift improperly when it malfunctioned and injured you, you might hold 20 percent of the responsibility. You would only receive 80 percent of the compensation awarded.
You can be sure that your employer and his or her insurer will try to deflect the blame, which would reduce the amount of compensation you receive.
Team Up with a San Jose Industrial Injury Lawyer
When you’ve been the victim of a workplace or industrial accident, it’s easy to simply accept workers comp or whatever you’re offered and move on with your life. But doing so could leave you financially stranded when your injuries require additional care or other unexpected damages pop up.
To fight for the full compensation you’re owed, work with a San Jose industrial accident lawyer at Bohn & Fletcher, LLP. Get started by giving us a call at 408-279-4222 or filling out the online contact form below.