Work Injury Lawyer in San Jose
over three decades of legal experience
Over $100M Recovered for our clients
Extensive Jury Trial Experience
Do you have a workplace injury in San Jose? One minute, you were doing your job. The next, you were severely injured. In the days and weeks that followed, your life became a whirlwind of painful recovery, financial setbacks, and stress. If that sounds like what happened to you, you need to know two things.
- 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?Contact us online or give us a call at 415-442-4646 to schedule a free consultation with one of our experienced work injury attorneys in the San Jose Area.
San Jose 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 Lawyer in San JoseWhen 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 Jose 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 Injury San JoseBy 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 in San Jose (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 Jose:
- 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.
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If you or someone you love has been injured, had your rights as an employee violated, or had your valid disability claim denied, please contact Delfino Green & Green. Call one of our San Francisco ERISA lawyers at (415) 466-8544 or contact us online to learn more about how we can help you today.Contact us now
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