Work Injury Lawyers in San Francisco
- You are not alone. In fact, more than 448,000 California workers were injured in nonfatal work accidents in 2020.
- You may be entitled to compensation. Whether through workers’ compensation benefits or a personal injury lawsuit, you are likely owed compensation for what happened to you.
Injured on the Job?
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California Work Injury Law BasicsLet’s begin with some fast facts about California work injury laws:
- The state of California requires employers to provide workers’ compensation benefits to injured employees.
- In many cases, you are only allowed to pursue workers’ comp benefits — civil injury lawsuits for work injuries are often not allowed.
- However, in certain situations, it is possible to pursue personal injury compensation for an on-the-job injury. Often, the personal injury approach will result in more compensation.
Why Choose Delfino Green & Green as Your Work Injury LawyerWhen you have been hurt at work, an on-the-job injury lawyer can be an enormous asset as you pursue compensation. But if you type “workplace injury attorney near me” into a search engine, you will see that you have dozens of attorneys to choose from. But who is going to be the best choice? Who is the best work injury lawyer in the San Francisco area? You don’t just need a lawyer — you need the best workplace injury lawyer. At Delfino Green & Green, we work tirelessly to be the best for our clients who have been hurt at work. With more than 30 years of legal experience and more than $100 million recovered for our clients, we bring to the table more than what our clients need to get what they deserve. Not convinced? Check out our testimonials: “This firm embodies every attribute that an ideal attorney should carry in their careers. From tenacity to compassion and going above and beyond for the sake of their clients, you’re truly in the best hands if your case is lucky enough to be accepted by these high level attorneys.” – Daniel C. Perhaps you are more of a numbers person. While they don’t guarantee future results, our case results numbers speak for themselves:
- Disability claim: $2.4 million recovered
- Traumatic hand injury: $985,000 recovered
- Forklift accident: $700,000 recovered
Workers’ Comp vs. Civil Lawsuit for a Workplace InjuryBy now, you are probably wondering: Can I sue for a workplace injury in California? Or do I have to go through workers’ comp? It’s a great question with a somewhat complex answer. As a general rule, employers are protected from work injury lawsuits because they pay for workers’ comp insurance. It’s that insurance that compensates you with workers’ comp benefits. However, every rule has exceptions, and this one is no different.
When You Can Sue for a Work InjuryThe circumstances surrounding a work accident may sometimes call for a personal injury claim instead of or in addition to a workers’ comp claim:
- Third-party injuries. If a party other than your employer is responsible for your injury, you may be able to sue them for compensation. For example, if you were working construction and were injured because of a subcontractor’s actions, you might be able to pursue compensation from the subcontractor.
- Defective product injuries. Manufacturers and others along the chain of production may be liable when their products are defective and cause injuries. Product liability claims are completely separate from the California workers’ comp system, and they can compensate you in full for every way in which a faulty tool or other product harmed you.
- Intentional injuries. For the most part, California employers are protected from work injury lawsuits if they carry workers’ comp insurance. But if your employer intentionally injured you or did something they knew was likely to injure you, that protection may not apply.
- Improper insurance or no insurance. If your employer failed to purchase workers’ comp insurance, they may be financially responsible for your damages. Also, if they misclassified you as an independent contractor or took some other action to avoid paying for workers’ comp insurance, you might be able to sue for a workplace injury.
Lawsuit or Workers’ Comp: Which Is Better?Why should you care about whether you can pursue workers’ comp benefits or personal injury compensation for your work accident? The answer comes down to one word: money. California workers’ comp benefits typically include wage replacement benefits while you are recovering from your injuries. And these wage replacements are typically capped at two-thirds of your usual wages. That’s one-third less than you need to live your life as you are accustomed to. A personal injury lawsuit can also account for your lost wages, but it isn’t capped. You can recover the full amount. However, that doesn’t always mean that a personal injury claim is better than a workers’ comp claim. Why? Because a successful personal injury lawsuit requires you to show that someone else was negligent and that negligence caused your injury. Workers’ comp claims, however, have no such requirement. That means you can recover compensation through workers’ comp even if the accident was 100 percent your fault. A qualified workplace injury attorney in San Francisco can help you understand the best course of action.
Types of Workplace AccidentsVirtually any type of workplace accident can warrant a claim for compensation under the right circumstances, but it is helpful to understand some of the most common types of work accidents that lead to legal action:
- Slip-and-fall accidents
- Falls from ladders and scaffolding
- Building collapses
- Vehicle crashes
- Equipment malfunctions
- Chemical exposures
- Electrocution and electric shock
- Falling objects
Types of Workplace InjuriesBecause workplaces present so many types of accident risks, they also present the possibility of suffering all kinds of physical injuries — all of which are likely to warrant compensation either through workers’ comp or a personal injury lawsuit. These are some of the most common workplace injuries that can result in time away from work and other damages:
- Shoulder injuries
- Wrist injuries
- Repetitive motion injuries
- Traumatic brain injuries like concussions
- Back and spine injuries, including paralysis
- Fractured and broken bones
- Lost limbs
- Burns from fire or electrical shock
- Poisoning through exposure to harmful chemicals
- Cancer and other work-related illnesses
What to Do if You Get Injured at Work (6 Key Steps)What you do in the hours, days, and weeks after your on-the-job injury can have profound impacts on your ability to recover full compensation. Here’s what to do if you get injured at work in San Francisco:
- Do not continue working. Even if you think you are OK, you need to stop working immediately after a work-related injury. Continuing to work could actually make your injury worse, and it could be seen as a sign that your injuries weren’t severe enough to warrant maximum compensation.
- Seek medical attention. This step is critically important even if you don’t think a doctor is necessary. Some workplace injuries are hidden in the immediate aftermath of an accident, so it’s good to have a doctor ensure that you aren’t in immediate, life-threatening danger. Also, seeing a doctor creates a medical record of your injuries, which could become important evidence in your case later on.
- Capture and preserve evidence. If it is safe and you are able to do so, try to capture evidence of the accident and surrounding environment as soon as possible. This might include taking photos and videos of the scene and your injuries.
- Notify your employer. Your employer needs to be made aware of your injury, but be careful not to say too much. Avoid going into too much detail — it is usually best to say that the accident happened and you are still evaluating the severity of your injuries.
- Do not admit fault or make a formal statement. At no point throughout this process should you admit fault for the accident, make a formal or recorded statement for anyone, or sign any paperwork before speaking with a qualified attorney.
- Reach out to a work injury lawyer. The sooner you contact a work accident lawyer, the sooner they can start building a strong case to help you recover maximum compensation.
We provide injury law services to all of California including:San Francisco Oakland Fremont Hayward Berkeley San Leandro Livermore Pleasanton Alameda Dublin Union City Castro Valley Newark San Lorenzo San Jose Sunnyvale Ybor City Mountain View Milpitas Palo Alto Cupertino Gilroy Morgan-Hill Campbell Los-Gatos Los-Altos Saratoga Stanford Alum-Rock Concord Richmond Antioch San-Ramon Walnut-Creek Pittsburg Brentwood Danville Martinez Oakley Pleasant Hill San-Pablo Hercules Lafayette El-Cerrito Pinole Orinda Moraga Alamo Discovery-Bay El-Sobrante Clayton Vallejo Fairfield Vacaville Suisun-City Benicia Dixon Napa American-Canyon St.Helena Calistoga Santa-Rosa Petaluma Rohnert-Park Windsor Healdsburg Sonoma Cloverdale Sebastopol Cotati San-Rafael Novato Mill-Valley San-Anselmo Larkspur Corte-Madera Tiburon Fairfax Sausalito San-Mateo Daly-City Redwood-City South San Francisco San Bruno Pacifica Foster-City Menlo-Park Burlingame San Carlos Palo-Alto Belmont Millbrae North-Fair-Oaks Half-Moon-Bay Hillsborough
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Verdicts & Settlements
We've recovered millions for our clients
The husband and father of 4 young children was working at a construction site when he died because of another contractor's negligence. After more than two years of hard fought litigation, our team of experts was able to win a tremendous victory on behalf of our clients and ensure that all of their financial needs will be met. We could not bring back the husband/father for this family, but we were able to protect them from the financial devastation that can and often does result where the primary source of income for the family is taken away. We then worked with our team of financial planners to make sure that this family will always have financial security.
$10,000,000Bad Faith Insurance Claim
Insurance Coverage/Bad Faith Bad Faith – Pollution Coverage Prior to forming his own firm, Mr. Green worked at one of the largest and most prestigious firms in the U.S. He was the primary attorney on an environmental insurance case that went to trial in San Francisco. After a several week trial, Mr. Green came away with a trial verdict against the insurers with a value of over $10,000,000 in available insurance coverage.
$5,750,000Traumatic Brain Injury
A 16 year old developmentally disabled kid was hit by a bus while in a crosswalk. He suffered a concussion which turned into post concussive syndrome, where the symptoms of the concussion don't heal completely. This is also known as a mild Traumatic Brain Injury ("mTBI"). Our firm was hired as trial counsel 6 months before trial because of our expertise in TBIs as well as cutting edge trial techniques. When we first associated into the case, there was a very minimal settlement offer and it did not appear that the Defense was taking the case seriously. Our team of attorneys, experts and staff immediately immersed ourselves in the case as we prepared to demonstrate the catastrophic consequences of this incident. Shortly before trial, the Defense could see that we had put all the pieces together to prove liability and that full justice for our young client required damages in the many millions of dollars. The matter settled for $5,750,000.
Disability – Neurological Issues Our client became disabled from neurological issues. Our attorneys were able to work with the client and his physicians to quickly assemble all of the documentation necessary to support out client’s claim of total disability. The insurer agreed that our client was totally disabled and paid his claim.
$2,000,000Traumatic Brain Injury
Traumatic Brain Injury to Child A three year old child was being carried across the street when she was struck by an oncoming car. The child suffered a serious traumatic brain injury when she hit the ground. Her injuries were so serious she had to be hospitalized for several months. Our firm negotiated a settlement of $2,000,000 by forcing the payment of all of the available insurance from the driver’s automobile insurer ($1,250,000), the entire amount of the homeowners insurance limits available ($500,000), and all of the amounts that the person carrying the little girl was able to recover from the negligent driver ($250,000). We then arranged for another firm to prepare and fund a large Special Needs Trust for the health and welfare of the injured child.
$1,800,000Heart Condition Disability
Our client became disabled by a heart attack. The insurer refused to pay, claiming that our client was still able to perform his occupation. We met with all of our client’s doctors, obtained reports confirming the client’s inability to perform his prior occupation, and ultimately convinced the insurance company to pay the claim in full.
A contractor suffered a severe collapse at one of his sites. The claim was submitted to the insurer and denied. Mr. Green reviewed all of the facts, researched the law, and brought together the necessary experts to prove that the Contractor’s Builders Risk insurer was responsible for a substantial portion of the loss. He also proved that a subcontractor was negligent and the subcontractor’s insurer also paid a substantial settlement. In total, Mr. Green was able to obtain more than $1,700,000 in compensation for his client.
$1,000,000Heart Condition Disability
Our client had worked for the government for many years when she began suffering from a serious heart condition. All of her doctors told her that she could no longer work and if she continued to do so, she would be risking further injury to her heart or even death. Based on thi
$1,000,000Traumatic Brain Injury
Our client suffered a mild Traumatic Brain Injury when heavy object struck her in the head. The responsible party denied all fault and insisted until the very end that our client had not suffered a brain injury and offered nothing to settle the case. Our firm assembled a team of world renowned expert‘s to demonstrate that our client had suffered a mild Traumatic brain injury. The case settled shortly before trial.
$985,000Traumatic Hand Injury
Our client was working at a manufacturing plant. While operating a piece of machinery, his glove became caught in the machinery and part of his hand was severely injured. Ordinarily, this type of injury would be restricted to remedies available through Worker’s Compensation. However, through the knowledge, ingenuity, and creativity of our team of attorneys, we were also able to obtain a very substantial civil settlement for our client in addition to the workers comp settlement of his case.
$975,000Aviation Death Settlement
A husband and father of two small children was killed in an aviation accident involving a small aircraft. Our firm represented the widow and two children against the pilot of the aircraft. By hiring experts in aviation (to prove negligence) and economists (to prove damages), and utilizing William Green’s expertise as an instrument-rated pilot, we were able to make a very powerful case and obtain a very favorable settlement that allowed the family to survive financially.
A construction supervisor went to pick up some materials for a construction job. A worker at the yard neglected to set the parking brake on a piece of heavy equipment a few yards away. While the construction supervisor had his back turned, the machine rolled into him, pinning him against the side of his pick-up truck. He suffered several broken ribs, but that was the least of his injuries. Within several weeks of the accident, he had partially lost his sight. By working with medical experts, our firm was able to directly connect the sight loss to the injuries caused by the machine that rolled into our client. The case settled at Mediation without any need for a trial.
Words of Praise from Our Clients
“I had the pleasure of working with Sharon Delfino on my workmens comp case. She definitely had my best interest at hand. She was able to find me a great doctor and help me resolve my case. The staff there are always polite and friendly, never had an issue. It was a pleasure working with Delfino Green & Green !”- Tabitha W
“I’ve known the firm’s founder, Bill Green, for many years and I can say that he is one of the best attorneys I’ve had the pleasure of working with. He and his associates at Delfino Green & Green are hard-working, highly responsive, and very professional, and they get the job done, without excuses. Bill is a great communicator, both with clients, and in Court, and invests time and money to include visual storytelling in his trials and mediations. You won’t find an attorney who cares more about you, and getting you an outstanding result for your case. Bill is one of the “good guys” in the legal profession…a great person to have on your side when dealing with the craziness of litigation.”- Tim M
“A few years ago, I referred a friend of mine to the attorneys at Delfino Green & Green. He was extremely happy with the job they did on his case. He was severely injured when a car hit him when he was crossing a street and this event had the potential to ruin him in a number of ways – financially, physically, emotionally, etc. We kept in close contact during the lawsuit and he told me how great his lawyer and his assistant were throughout the process. Caring, compassionate and very knowledgeable. My friend ended up with a great result – fair financial compensation and great treatment for his injuries. Little did I know when I referred my friend that a few years later, I would need a lawyer for injuries I suffered, but I did. Based on my friend’s experience, I knew that Delfino Green & Green would be the right attorneys for me. So I hired Bill Green and his team to help and they jumped right into action. Now I can saw that I too have firsthand knowledge of just how great these guys are. They knew the law, they knew just how to handle my particular case, and they helped me get my life back after the horrible events that lead to my injury. I can’t imagine that you could do any better than hiring these folks. I’m so grateful for all they did for both me and my friend.”- Evelyn A
“The work Delfino Green & Green did on my case was beyond excellent. The final result was superb, but I also truly appreciated how Mr. Green and the team kept me up-to-date at every stage of the case. I was able to reach someone whenever I needed something or had something important to report and the firm always let me know what was going on in my case. That was very important to me because I hadn’t found that to be true with other attorneys. In short, really top flight work, great people and results that met all of my expectations above and beyond.”- Byron H
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