Did you recently suffer an injury in a workplace accident in Vista, CA? You might have multiple avenues of compensation available to you, such as workers’ compensation benefits or a personal injury lawsuit. The Vista workplace accident lawyers with Petrov Law Firm are here to help. Call us at (619) 344-0360.
Our attorneys have more than 20 years of combined experience practicing law. You could obtain financial assistance for your pain and suffering, lost wages, medical bills, and more. Since our personal injury law firm was founded in 2012, we’ve collected over $40 million for our clients. We’re ready to put that track record to work for you today.
To begin forming an attorney-client relationship, send us a message online. We’re available 24/7, and we offer a free initial consultation to review your case.
How Petrov Law Firm Can Help After a Workplace Accident in Vista
Workplace accidents in Vista, California, can be overwhelming. A workers’ compensation claim is most likely an option, but it could be denied. And even if it is approved, it might not be enough to cover your losses. You might be completely out of work, putting you in a difficult financial position. And that’s not to mention your pain and suffering.
Petrov Law Firm employs a legal team of personal injury experts who can help you obtain the compensation you need. You’ll be able to rest and recover while we work to make you whole again. Our Vista personal injury attorneys can help you with your workers’ compensation claim, ensuring you’re applying for the benefits you’re entitled to. And in some cases, you may be able to file a lawsuit and obtain financial support that goes beyond worker’s comp. We can help your case by:
- Investigating your case to determine the full extent of your damages and sources of compensation
- Hiring experts to analyze your case and, if necessary, testify at trial
- Handling all communications, paperwork, and negotiations with the other party to your case
- Filing a lawsuit if the circumstances call for it
- Apprising you of your legal options at each stage of your case
Reach out to our law offices today to set up your free consultation with one of our experienced workplace accident attorneys in Vista.
How Common Are Workplace Accidents in California?
There were a total of 463 fatal workplace injuries in California in 2020, according to the U.S. Bureau of Labor Statistics. That’s more than one per day, on average. About 26% of those were transportation incidents, 21% were slips, trips, and falls, 21% were due to violence and other injuries, and 18% were caused by exposure to harmful substances or environments.
Unfortunately, when nonfatal injuries are considered, workplace accidents are incredibly common in California. There were more than 448,000 nonfatal workplace injuries in the state in 2020. The majority of those were in the private sector, most commonly in the goods-producing industry.
What Is the Value of My Vista Workplace Accident Case?
After a workplace accident in Vista, you have two primary avenues of compensation, workers’ comp and a personal injury lawsuit. Workers’ compensation is available in almost every case, and the amount you’re able to receive will depend on factors such as:
- How long your disability will last for
- Whether you will be able to return to the same job
- Your medical bills and other expenses
- Your weekly average wages before the accident
You cannot file a lawsuit against your employer if you are covered by workers’ compensation in most cases. However, you might be able to file a lawsuit if another party was responsible for your injuries. This is known as a third-party lawsuit. For instance, property owners, general contractors, drivers, and manufacturers could be liable if they caused your accident.
Many factors can influence the value of a third-party lawsuit, primarily the type and severity of the injuries you have suffered. Other factors include the extent of your out-of-pocket expenses, your pain and suffering, and more. Reach out to our personal injury law firm today for more insight.
What Damages Are Available to Workplace Accident Victims in Vista?
Workers’ compensation compensates you for your economic damages, or financial losses. You can receive reimbursement for medical expenses, job retraining if you have to take a different position when you return to work, and a portion of your lost wages. Your compensation will depend on whether you are entitled to temporary disability benefits or permanent disability benefits.
If you file a third-party lawsuit, you can also aim to collect non-economic damages, or the consequences of your injuries that aren’t so easy to quantify. Examples are your pain and suffering, emotional distress, disfigurement, and PTSD.
In rare cases, you can also seek punitive damages as part of your third-party lawsuit. These damages are only available when the at-fault party’s conduct was relatively egregious. Punitive damages are meant to punish the defendant for their behavior.
Can I Still Recover Damages If I’m Being Blamed After a Workplace Accident in California?
Yes. Workers’ compensation is a no-fault system, meaning you can receive benefits even if you are entirely to blame for the accident (limited exceptions could apply, however, such as if you were intoxicated at the time of your injuries).
Regarding a third-party lawsuit, your compensation award could be reduced proportionately to your percentage of fault. California has adopted a pure comparative negligence standard. This means if you are found to be 40% at fault, your financial award could be reduced by 40%.
We’ll Work To Recover Compensation for Each of Your Workplace Accident Injuries
Some of the workplace accident injuries our law firm can assist with include:
- Brain injuries
- Nerve damage
- Back injuries
- Neck injuries
- Chest injuries
- Lung-related illnesses and injuries
- Burn injuries
- Soft tissue damages
- Wrongful death
This list is not exhaustive. Reach out to Petrov Law Firm today to speak with an experienced Vista workplace accidents attorney. We’re here to provide legal advice and assistance.
Do I Have To Prove Negligence After a Workplace Accident in Vista?
Not in all cases. If you are going through workers’ compensation, you will not have to prove negligence. That is because negligence is primarily used to establish fault in personal injury cases, and workers’ comp is a no-fault system. You can still be compensated even if you’re to blame for the accident.
If you file a third-party lawsuit, you will most likely have to prove negligence, although some cases are based on a strict liability theory instead. Negligence entails proving four legal elements:
In essence, you will have to prove that the other party acted carelessly, breaching a duty of care and causing you harm as a result. Our attorneys are experts when it comes to supporting workers’ compensation claims and arguing negligence cases. Call today for a free case evaluation.
What Is the Deadline for Filing a Lawsuit or Workers’ Compensation Claim in California?
You must notify your employer within 30 days of the accident, or you may forfeit your ability to receive benefits. Your employer must provide you with the claim form within one working day of hearing about your injury. The sooner this form is properly filled out and returned to your employer, the sooner you may begin to receive benefits. Ultimately, you will have a year to submit your claim.
Regarding a lawsuit, California has a statute of limitations that sets deadlines for when actions must be brought in court. If you file your lawsuit after the statute of limitations deadline passes, a court will not hear your case. In most cases, you will have two years from the date of the accident to file a lawsuit.
Contact a Vista Workplace Accident Lawyer for a Free Consultation
The aftermath of a workplace accident in Vista can be complicated and confusing. Petrov Law Firm thoroughly understands California workers’ compensation and personal injury law, and we’re ready to utilize that expertise to your benefit.
When you hire our Vista workplace accident attorneys, you can rest assured that we’ll do what we can to ensure you receive all of the financial assistance you qualify for. Our lawyers have decades of combined experience and have already collected tens of millions of dollars for deserving personal injury victims.
Our law firm also works on a contingency fee basis, so you won’t pay us anything upfront to hire us. Instead, our fee will be taken as a percentage of the financial award we obtain for you at the conclusion of your case. This incentivizes us to maximize the value of your claim, and you’ll be able to hire us even if you couldn’t otherwise afford to.
We’re available to take your call 24/7 at (619) 344-0360, or you can send us an online message. Your initial consultation is completely free of charge, and there’s no obligation to hire us afterward.