San Bernardino Work Injury Lawyer

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Every year, millions of Americans clock in at their workplaces to earn a living and provide for their families. Unfortunately, thousands of workers across the United States suffer work injuries with serious consequences, some leading to wrongful death in San Bernardino. If you have suffered a work injury, you might be confused about what your next steps should be. A work injury lawyer can guide you and give you information about your rights and entitlements. For more information, the expert lawyers at Hanson & Mouri Personal Injury Lawyers can help you. 

  • At Hanson & Mouri, our San Bernardino personal injury attorneys deeply believe that our personal injury clients are fully entitled to passionate and quality legal representation.
  • Since 1999, we have devoted our professional career to helping our clients receive all the benefits they are entitled to under the law.
  • We are former insurance defense attorneys who know how insurance companies evaluate claims and use this to our clients’ advantage.
  • As experienced litigators and trial attorneys, we can take on the most aggressive opponents and win.

If you have suffered a work injury, your workers’ compensation alone, if you have one, may not fully cover your total losses. You should speak with a trusted work injury lawyer who can help you understand your rights and your legal options. At Hanson & Mouri, your initial consultation is free. You pay nothing. So don’t wait, call us today at (951) 419-3199 to schedule your free consultation with one of our expert work injury lawyers.

San Bernardino work injury lawyers

San Bernardino Work Injury Resources & FAQs

What Happens If I am Injured at Work in San Bernardino?

Like other states, California state law provides for workers’ compensation that requires employers to pay compensation to workers who are injured on the job. Under workers’ compensation laws, workers are not required to prove negligence or fault in order to receive compensation for injuries sustained in the course of performing their duty to their employer.

What are the Conditions of Workers’ Compensation Liability in San Bernardino?

An employee covered by workers’ compensation insurance must meet certain conditions to qualify for workers’ compensation. Some of the conditions that must be present are:

  • The employee must be performing a service or acting within the normal course of their employment
  • The employee’s injury was not a result of their intoxication by alcohol or other unlawful substances
  • The injury was not intentionally self-inflicted
  • The injury was not a result of an altercation where the injured employee was the initial aggressor
  • The injury is not the result of a felony offence committed by the employee

What Do Workers’ Compensation Benefits Cover?

In California, injured workers are entitled to the following benefits:

Costs for Medical Treatment

This includes reasonable medical expenses related to treating the work injury and related symptoms. Your employer’s insurance company is legally responsible for covering up to $10,000 in medical costs, even if your workers’ comp claim eventually gets denied. However, the treatment must fall under the DWC’s guidelines to be approved. 

Temporary Disability 

Payments for two-thirds of your average weekly wages to cover your temporary loss of income while you recover. 

Permanent Disability 

If you suffer permanent limitations confirmed by your doctor, then a rating process is used to determine how much your payments will be. The rating process is typically based on the severity of your disability, your age, and your occupation. 

Supplemental Job Displacement Training

Suppose you cannot fully recover or return to work within 60 days after receiving medical confirmation of a partial disability. In that case, you can receive a voucher for up to $6,000 to pay for training or skill enhancement needed to get another position or job.   

Death Benefits

If a work accident results in a worker’s death, their family will receive death benefits, including $10,000 for burial expenses. The amount depends on how many survivors are eligible for payments. 

Third-Party Liability

Employees cannot legally file a lawsuit against an employer, but if a third party was also involved, you may be able to pursue a third-party claim. For example, if one of the following parties contributed to causing your accident, they may also be liable: 

  • An outside contractor operating machinery on the worksite
  • The manufacturer of a defective product used in the workplace
  • A car accident caused by a negligent driver 
  • Anyone on the job site not employed by your employer

A third-party claim is a separate legal action from a workers’ compensation claim that allows you to pursue compensation beyond what workers’ comp will cover. However, the burden of proof will fall on you to prove that another party’s negligence caused your injury. If you are successful, the following types of compensation are commonly available: 

  • Medical Costs: Any current and future expenses for treatment that are not covered or disputed by your employer’s insurance company.
  • Lost Income: Workers’ compensation benefits only cover two-thirds of your average weekly wages. In a third-party claim, you can recover a settlement that reflects the full extent of your lost income and diminished lost earning capacity related to your injury.
  • Pain and Suffering: Compensation for the pain and suffering you have had to endure and any emotional distress (e.g., depression, anxiety, insomnia, PTSD, etc.). 
  • Punitive Damages: In cases involving an extremely reckless defendant (at-fault party), the court may award punitive damages as punishment for their behavior. 
  • Wrongful Death: If a worker is killed, the surviving family can pursue a wrongful death lawsuit for compensation that is often much more substantial than standard workers’ comp death benefits. The types of compensation possibly available include medical bills incurred by the deceased after the workplace accident, funeral and burial expenses, loss of expected income and benefits, loss of companionship, the deceased’s pain and suffering, and more. 

What To Do After a Work Injury in San Bernardino

Once an injury occurs at your place of work, there are critical steps to take to ensure you recover the benefits and compensation you deserve: 

  • Notify your supervisor. It is essential to notify your supervisor immediately after a work injury. California allows workers to report an injury within 30 days, but the sooner, the better. If you fail to do so within that time, you may forfeit your right to worker’s compensation benefits. 
  • Seek medical care. Call 911 if you are severely injured. If you do not believe you require emergency medical care, after your employer is aware of your injury, they are expected to follow procedure and advise you on how to seek treatment. If you are unhappy with the doctor’s diagnosis, you can request a second opinion and even a third. Only after the third opinion can you ask to see a doctor of your choosing that is outside of your employer’s network. 
  • Document the scene. If you can remain at the scene, take photos and videos of the area where the accident occurred, what caused your injury, and of your injury. Ask any witnesses for the contact information if you do not have it and if they are willing to make a brief statement on your phone. All of this information will be critical if you end up pursuing a third-party claim. 
  • Filing a workers’ compensation claim. Your employer is required to notify their worker’s comp insurance company of the injury and file a claim with the state workers’ compensation board.

If your injury prevents you from working for an extended period of time, make sure you take the time you need to fully recover. Your employer may also have a return to work program that allows you to ease back into your duties with reduced hours or an altered workload. 

how to file a workers compensation claim in San Bernardino

How To File a Workers’ Compensation Claim in San Bernardino

If you are unable to report your injury immediately to your supervisor, be sure to do the following: 

  • Tell your doctor how you were hurt and that it is a work-related injury.
  • Get a note from the doctor if you are unable to return to work.
  • Notify your employer and give them the physician’s note 
  • Fill out the Workers’ Compensation Claim Form (supplied by employer) 
  • File the claim form with your employer by first-class or certified mail. 

If necessary, you can have a friend or family member notify your employer of the injury from the hospital or doctor’s office. Notice of an injury must first be given to an employer before you can file a workers comp’ claim with the Division of Workers’ Compensation (DWC). It is the California state agency that oversees the workers’ compensation claims process. If you are unsure whether you are eligible for benefits or need help filing, contact us for a free consultation.

Why Do I Need a San Bernardino Work Injury Lawyer?

Although the aim of workers’ compensation is to make work injury claims less complicated, that is not always the case. The reality is that there are often disputes between employers and employees as to whether the employee’s injury is caused by their employment. Additionally, there are often disputes as to the extent of the injury and the necessity of medical costs associated with the injury.

Whether you are covered by workers’ compensation insurance or not, it is advisable to speak with a work injury lawyer to ensure that your interests are protected and your losses are covered.

Contact a Trusted San Bernardino Work Injury Lawyer

If you have been injured on the job, you need a trusted work injury lawyer who can assess your case and give you honest advice about your legal options. Contact Hanson & Mouri today at (951) 419-3199 to schedule your free consultation with a San Bernardino accident lawyer.

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