Have you been injured in a slip and fall incident at work? Did you incur an injury as a result of a dangerous condition in your work environment that your employer should have addressed? If so, it would be prudent to consult a workers’ compensation premises liability attorney as soon as possible. You have the legal right to file a claim under your workers’ compensation insurance policy in order to receive compensation for your medical bills and some of your lost wages. As knowledgeable workers’ compensation lawyers, we can assist you in getting the maximum payout you are entitled to under California law for your injury.
Workers’ compensation insurance was implemented in order to prevent employees from suing their bosses directly following a workplace injury. Instead of filing a lawsuit against their employer, an injured worker files a claim with the insurance company from which their boss purchased their workers’ compensation policy. One of the attributes of workers’ compensation insurance is that blame is generally not considered relevant to the amount of money that is ultimately paid out. Regardless of whether the accident was your fault, your employer’s fault, or no one’s fault, you can still file a claim through workers’ compensation.
The workers’ compensation system means that what would be considered to be a basic premises liability case is treated no differently than any other workers’ compensation claim. If you go into a convenience store as a customer and slip and fall on a wet floor, you can sue the store owner in a personal injury case due to premises liability laws. If, however, you are working at this convenience store and injure yourself by slipping and falling on a wet floor, your only recourse is to seek justice through the workers’ compensation insurance, even if your employer was the one who failed to maintain a safe work environment. The same is true if you were the cause of the wet floor and were injured because of it. In either case you can file a claim.
It should be noted that there may be rare cases in which a third party that is partly responsible for your injury can be sued in a personal injury premises liability case. For example, if an equipment manufacturer supplied defective equipment that in some way caused your injury (for instance, if a machine leaked oil on the floor, causing you to fall), they may be partly liable for your injuries. Let our experienced California workers’ compensation premises liability lawyers review your situation and determine if there might be other parties susceptible to litigation.
Partnering with a workers’ compensation lawyer to pursue your claim discourages the insurance company from acting in bad faith by denying claims or delaying payments, as well as prevents your employer from defrauding you. Your workers’ compensation attorney doesn’t collect a fee unless you are successful in receiving damages, and it may be more modest than you think. Consult an aggressive workers’ compensation attorney as soon as possible after you have received medical treatment for your slip and fall injury. Remember: being compensated for your bills, lost wages, and pain and suffering is your right under California state law.