San Diego Workplace Injury Attorneys
The purpose of the workers' compensation system is to compensate injured workers through a relatively efficient process. In return, workers cannot — in most cases — file civil lawsuits against their own employers to get compensation after a work injury.
In some cases of work injury, however, the workers' compensation system may not result in a complete financial settlement for the injured worker. It may be possible for the victim of a work injury to get a more fair financial settlement by filing a civil lawsuit against another company or individual — if that party played a part in causing the accident.
Bender & Gritz ● Workplace Accident Attorneys ● 866-603-7941 ● E-Mail
For example, a construction worker falls from a roof and seriously injures his spinal cord. His attorney investigates the circumstances of the accident and learns that the subcontractor responsible for maintaining the safety restraints had not checked the restraints for wear. The worker's accident was caused, in part, by the safety subcontractor's negligence in failing to properly maintain the safety equipment. In such a case, a knowledgeable lawyer will file both a workers' compensation claim and a claim against the safety subcontractor.
In the legal community, such lawsuits are known as third-party claims. These claims can become complex, however, and must be handled carefully and in close conjunction with workers' compensation claims. An error in one claim can reduce the total amount of compensation the injured worker receives.
At Bender & Gritz, APLC, we have extensive experience in cases involving both workers' compensation cases and third-party work injury claims. In every workplace injury case, our goal is to maximize the compensation our client receives from all potential sources.
Why Is It Important to Consider a Third-Party Claim?
Workers' compensation provides limited benefits compared to a third-party claim. For example, workers' compensation pays only two-thirds of your lost earnings compared to the possibility of recovering 100 percent of lost earnings via a private lawsuit. Workplace injury victims are also entitled to claim damages for pain and suffering in a third-party claim — this is not allowed in workers' compensation cases.
Maritime, Longshoreman and Railroad Worker Claims
Unique workers' compensation laws govern work accident claims involving workers in the maritime industries, longshoremen, and railroad workers. These laws enable injured workers to work through a separate workers' compensation process to obtain compensation for pain and suffering, in addition to compensation for medical costs and lost wages.
In these types of claims, the amount of compensation you can receive varies greatly. At Bender & Gritz, we have attorneys with decades of experience representing maritime workers, railroad employees and longshoremen in workplace injury cases. We will work aggressively to help you obtain maximum compensation for your injuries, wage losses and suffering.
Contact a Workplace Injury Lawyer Today
For a free initial consultation with Bender & Gritz, call us toll-free at 866-603-7941 or send us an e-mail.