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Bender & Gritz, APLC's Injury Blog

Fighting a workers’ comp denial

Imagine showing up to work on the job site in downtown San Diego. It's Friday and you are looking forward to a relaxing weekend filled with football, barbeque and family time. Unfortunately, things did not go according to plan. While you were at work, there was an accident and now you have to spend the weekend in the hospital.

You know that the cost for the ambulance ride and your hospital stay is going to be outrageous, but you are not worried because your employer's workers' compensation insurance should cover the cost. In addition, you should also receive benefits for the time you have to take off of work. Everything will be fine. But, what if it isn't? What if your employer or the insurer deny your workers' compensation claim? If you are facing a workers' compensation denial, read below to find out what steps you should take.

Can I sue my employer for a workplace injury?

In most cases, when a worker suffers an injury on the job in San Diego, workers' compensation benefits kick in and compensates you for your medical expenses and lost wages. By accepting workers' compensation benefits, you essentially give up your right to take legal action against your employer.

The workers' compensation system works on a no-fault system, which means regardless of who caused the accident, your expenses will be covered if your employer and the insurer approve your claim. Therefore, in general, you cannot pursue a claim in court against your employer for your injuries. However, there are some exceptions to this rule. To find out more about circumstances where you can file a lawsuit against your employer for an injury, read below.

What should you do if you are bitten by a dog?

For many, dogs are wonderful companions and family members. They are loyal, always happy, fun to play with and loving. Dogs are called "man's best friend" for a reason, and most of the time, they fit that bill perfectly.

However, they are sentient beings. With a mind of their own, dogs can be unpredictable, become aggressive, lash out and bite you. A playful nip is common and nothing to worry about. But, if a dog bites you and breaks the skin, the biggest thing you need to worry about is infection. In fact, up to 50% of dog bites introduce bacteria that may cause infection.

Fatal construction fall underlies lawsuit

Shortcuts on San Diego worksites can sometimes lead to fatal construction accidents. The wife of a construction worker who fell 76 feet from a weaken platform last November has filed a wrongful death lawsuit against the general construction contractor, to subcontractors and the property owner.

She charged that her 34-year-old husband was employed as a construction worker by one of the defendants who was hired for rebar and iron reinforcements for the concrete structure on Wolfe Road in Sunnyvale. His wife claims that he arrived on the site at 5:00 am on the day of the accident.

Multi-million-dollar settlement ends wrongful death crash lawsuit

Nothing can adequately compensate a San Diego family who loses a loved one in a fatal accident through another's recklessness or negligence. However, a wrongful death lawsuit can seek financial compensation to help assist these families.

A $9.5 million settlement was recently reached in a wrongful death lawsuit for the death of a driver who was killed on July 10, 2014, when a large truck slammed into a car in Santa Clara. The agreement also contains unprecedent terms to deter future unsafe trucking.

Inured on the job? Skilled attorneys may be of assistance

No matter how safe one feels at work, it only takes the blink of an eye for something to happen to leave one seriously injured. This occurs whether due to a repetitive stress injury, slip-and-fall, car accident or some other type of workplace accident.

One could be left with not only extensive physical pain, but also significant financial losses. One's medical expenses can quickly skyrocket, especially if they need multiple surgeries, medication, rehabilitation and the time one takes off from work can leave them without adequate income.

Workplace accident injures 12 dock workers

It only takes the blink of an eye for a San Diego workplace accident to occur, leaving unsuspecting workers with injuries. In the aftermath, an injured worker may be subjected to a significant amount of hardship. Specifically, he or she may face unexpected medical expenses, rehabilitation costs and lost wages, when his or her injuries render him or her unable to work. This can be a trying time, one that is fraught with financial instability, emotional turmoil and physical pain.

To see just how quickly a workplace accident can result in injuries, one need only look at a recent incident that left 12 injured. According to reports, the victims were dockworkers at the Port of Long Beach who were injured when hazardous liquid started leaking from a 6,000-gallon container. The liquid was so dangerous that a security perimeter was set up 1,000 feet away from the spill. The cause of the spill is unknown at this time.

San Diego firm fighting for those injured on the job

Over the last several weeks, we have talked about workers' compensation, as well as the benefits of the program. When successfully obtained and maintained, workers' compensation benefits can provide a significant financial lifesaver for those who are struggling after suffering an injury on the job. However, succeeding on a workers' compensation claim is not as easy as it may sound, and even a successful claim could leave an injured worker in need of additional compensation to cover his or her losses.

If one decides to pursue a workers' compensation claim, and they should if they have been injured in a workplace injury, then they need to make sure that they know what claims adjudicators are looking for before they award benefits. The legal team at Bender & Gritz has extensive experience handling these types of claims, so we know the common pitfalls into which injured workers can fall.

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San Diego, CA 92101

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