No one goes to work expecting to come home with injuries – or not to come home at all. Yet thousands of people visit emergency rooms every year because of work-related injuries and illnesses. Some workplace injuries are accidents, where no one is really to blame. Others stem from acts of negligence, such as an employer improperly training employees or failing to maintain the premises. After a serious work-related injury, come to Henshaw & Henry, PC in San Jose to talk to an attorney. You may have a personal injury claim on your hands.
Every job has potential hazards. Some jobs put workers through more obvious risks, such as careers in construction or the oil and gas industry. Others, however, still pose risks of injury. An office job, for example, could result in repetitive motion injuries such as carpal tunnel syndrome. In fact, repetitive motion injuries are some of the most common we see here at Henshaw & Henry, PC. Workers with these injuries are more likely to retain a lawyer because these claims can be less straightforward than single-accident injuries. All workplace injury claims, however, can benefit from an attorney’s counsel. The following are common workplace hazards:
Workers can also suffer serious illnesses and diseases from exposure to harmful substances in the workplace such as asbestos, mold, or bacteria. Note that incurring an injury while performing job-related tasks does not automatically result in a lawsuit against the employer. The injured worker must have proof of someone else’s negligence to take this legal action. If no negligence existed, but the worker still sustained an injury, the worker can instead recover damages through the California workers’ compensation system. Our San Jose injury lawyers can help you decide between the two.
Workers’ compensation gives injured workers coverage for medical bills, disability, and partial lost wages with no questions asked, as long as the worker did not cause his or her own injuries. There is no need to prove fault or negligence for these benefits. In exchange, the worker gives up the right to sue the employer. In many situations, a workers’ compensation claim is the best course of action for injured employees. If negligence, recklessness, intent to harm, or an unlawful action contributed to the injuries, however, think twice before filing your workers’ comp claim. A personal injury claim may be a better option.
Talk to our injury attorneys in San Jose to discuss the potential for a personal injury or wrongful death claim after a workplace injury in the Bay Area. Typically, a civil claim will result in greater compensation than a workers’ compensation claim. Injured parties could recover for medical bills, full lost wages, and pain and suffering with a civil claim against a negligent party. A lawsuit could also shed light on dangerous workplace practices, and possibly prevent future workers from suffering the same fate. Contact us to talk with someone about your recent work injury.