Desert Hot Springs Work Injury Attorney
If you drive for your job in Desert Hot Springs, it is essential to understand what to do if you experience any type of injury in an accident while you’re on the clock. A Desert Hot Springs work related car and truck accident lawyer is the ideal resource to consult in this situation, as you will likely need to file both a workers’ compensation claim and a personal injury suit against the driver who injured you.
Desert Hot Springs Workers’ Compensation
Legal Representation for Work Related Vehicle Accidents in Desert Hot Springs, CA
The team at English Lloyd & Armenta has years of professional legal experience handling all types of workers’ compensation cases in Desert Hot Springs, including those pertaining to vehicle crashes. Resolving the aftermath of any work related injury can be challenging, but the right attorney on your side can help approach this difficult process with peace of mind.
When you choose our firm to represent you in your recovery efforts, you will have readily available access to an experienced legal advocate who can answer your questions as they arise throughout your proceedings and provide valuable guidance for the most challenging aspects of your case. Your recovery is likely to begin with a workers’ compensation claim, but this may only be the first of several legal efforts you will need to make to recover as fully as possible.
You have a limited time in which to file a workers’ compensation claim; you may also need to file an auto insurance claim against the driver who caused your accident. When these forms of insurance cannot fully compensate you for your losses, or if you have sustained damages that aren’t covered by workers’ compensation or auto insurance, you will need to prepare a personal injury suit against whoever caused the accident.
The attorneys at English Lloyd & Armenta have the professional resources and experience you want on your side to help you recover as fully as possible from your recent work related accident. Once you secure our representation, we will immediately begin helping you gather any evidence and testimony you will need to prove fault for your accident. While proving fault may not be essential for a workers’ compensation claim, it will be critical for an auto insurance claim and personal injury suit.
Common Causes of Vehicle Accidents in Desert Hot Springs
Every driver faces risks on the road, and most of the vehicle accidents reported throughout the Desert Hot Springs area are the result of negligence, or failure to exercise reasonable care behind the wheel. A few of the most common types of negligence responsible for car and truck accidents are:
- Distracted driving. Any time a driver is inattentive behind the wheel, they put themselves and others at extreme risk of severe injuries. A few seconds of distracted driving is more than enough to result in a devastating crash, and your attorney can help gather the evidence needed to prove an at-fault driver was not paying attention behind the wheel.
- While it is relatively common to see drivers slightly exceeding posted speed limits on Desert Hot Springs roads, any speeding is potentially dangerous. Accidents are not only more likely to happen at higher speeds but also more likely to result in catastrophic or fatal injuries.
- Moving violations. Drivers are expected to obey posted traffic signals and move correctly with the flow of traffic at all times. Moving violations such as running red lights or stop signs, failing to yield the right-of-way, and illegal turns or passing can easily result in an accident
It is also possible for a car or truck accident to happen because of illegal misconduct, the most common example of which is driving under the influence (DUI) of alcohol or drugs. Whenever a driver causes an accident through illegal action, they not only face liability for the victim’s damages but also criminal prosecution for breaking the law.
When it comes to filing a workers’ compensation claim in California, the state enforces the no-fault rule, meaning it is not always necessary to prove fault for the accident to recover compensation for the resulting damages. However, if a third party outside of your work caused any work related accident, proving fault will be crucial for the recovery efforts you pursue outside of the workers’ compensation claim filing process.
Evidence you may need to prove fault for your recent car or truck accident in Desert Hot Springs may include testimony from witnesses who saw the accident happen firsthand and others involved in the crash. Your attorney may also help obtain traffic camera recordings, vehicle computer data, and cell phone records from the drivers involved in the incident. This evidence will be critical if you choose to pursue recovery beyond your workers’ compensation claim.
Filing Your Workers’ Compensation Claim After a Car or Truck Accident
State law requires almost every employer in the state to have workers’ compensation insurance, and almost every employee in the state can file a claim if they are hurt while working. Your employer is required to classify the nature of your employment accurately and disclose your eligibility status for filing a workers’ compensation claim. If you believe your employer has intentionally misclassified you, you should speak with an attorney as soon as possible.
Once any type of work related injury happens, the victim should report the incident to their supervisor immediately. Failure to file a report in a timely manner could result in losing the chance to secure workers’ compensation benefits. If you delay in filing your claim, this could cause the insurance carrier to doubt the truth of the claim as well as other complications. As a general rule, work injuries should be reported as soon as possible.
When your employer becomes aware of your injury, they must create a formal incident report and then provide the injured worker with the materials they will need to file their workers’ compensation claim. If the employer interferes with this process, refuses to facilitate a good faith claim, or retaliates against the injured worker, they can face severe legal penalties.
Partial Versus Total Disability Benefits From Workers’ Compensation
Your employer’s workers’ compensation policy will include terms and conditions for disability benefits the insurance carrier will pay to qualified injured workers. If an employee is unable to earn as much income as they did prior to their accident but can still perform light duty, the insurance company may pay them partial disability benefits. These benefits make up the difference in their earnings and can continue until they regain full earning capacity.
If you are awarded partial disability benefits, you will need to report your weekly income to the insurance carrier and keep them updated on your recovery progress. It is vital that you fully understand your reporting requirements so you do not inadvertently violate the terms of your benefits determination.
When an injured worker is unable to work at all after their accident, they may qualify for total disability benefits. These may be paid for up to 104 weeks or until the claimant is able to perform gainful job duties again. Each weekly payment will be about two-thirds of their usual weekly pay based on the year prior to their injury. For example, if a worker typically earns about $1,500 per week, they should receive about $1,000 in weekly disability benefits.
Pursuing Further Legal Recourse Against an At-Fault Driver
An experienced Desert Hot Springs work injury attorney can help maximize the benefits you receive from a successful workers’ compensation claim, but the benefits you receive may not fully cover all the damages you suffered in your recent accident. While workers’ compensation insurance typically prevents you from filing a civil suit against your employer, you likely have grounds for a third-party claim against the driver who hit you.
Whenever any party outside of your work inflicts an injury on you while you are performing your job duties, they become liable for the resulting damages that workers’ compensation benefits can’t cover. Your attorney can help gather the proof you need to hold them accountable, and once you have completed the workers’ compensation claim filing process, you can proceed with your legal recourse against the at-fault driver.
This phase of your recovery efforts will proceed very similarly to what you could expect after any other car accident. Every driver in the state must have auto insurance that meets basic coverage requirements, so your first option for recovering damages that workers’ compensation can’t cover is to file a claim against the at-fault driver’s auto insurance policy.
Your Desert Hot Springs work injury attorney can help file this claim and will make sure that the insurance carrier processes the claim in good faith. Once you receive your claim determination, your attorney can help assess whether you have any outstanding damages that you will need to claim through a personal injury suit.
Workers’ compensation may cover all your medical expenses after a work related accident, but it will only provide limited compensation for lost income. A subsequent auto insurance claim may cover some of these gaps and enhance your recovery, but it may not cover all the damages you suffered. When you choose English Lloyd & Armenta to represent you in your recovery efforts, we will help build a personal injury claim in this situation.
Claiming Compensation Through a Personal Injury Suit in Desert Hot Springs
Unfortunately, some car and truck accidents are extremely damaging, and the combination of workers’ compensation benefits and an auto insurance claim payout may not fully cover all the losses that the at-fault driver inflicted. In this situation, you would have the right to file a personal injury suit against the at-fault driver, seeking compensation for the damages that your previous insurance claims could not provide.
Under California’s personal injury laws, the victim of another party’s negligence or illegal misconduct has the right to claim compensation for:
- Medical treatment costs. If you suffered a physical injury because of another party’s actions, they are liable for all associated medical expenses. Your workers’ compensation claim is likely to cover most of these, but if you require any medical care or ongoing rehabilitation that workers’ compensation insurance won’t cover, the defendant is liable for these damages.
- Lost income. Workers’ compensation benefits can cover most of the income you will be unable to earn after your accident, but there are limits to what you can expect. Your Desert Hot Springs work injury attorney can help calculate the full extent of lost income and lost earning potential resulting from the accident, and the defendant is liable for any such losses that insurance won’t cover.
- Property damage. Workers’ compensation insurance may cover some of your vehicle repair costs if you were driving your own vehicle for work, and an auto insurance claim could help recover these losses. Any remainder can be cited as economic damages in your personal injury suit.
Ultimately, a personal injury suit can help you recover compensation for any economic losses that workers’ compensation insurance and auto insurance cannot repay. Additionally, the law allows the plaintiff in a personal injury case to seek compensation for their pain and suffering, which may amount to the greatest portion of your total compensation after your work related car or truck accident.
Calculating Pain and Suffering Compensation in Desert Hot Springs
California law does not place a cap or limit on pain and suffering compensation in most personal injury cases, and this applies to car and truck accident claims. This means the plaintiff has the right to claim as much as they believe to be reasonable to reflect the severity of the injuries they suffered and the total extent of long-term harm the defendant has caused.
Your Desert Hot Springs work injury attorney can assist you in calculating a suitable amount of pain and suffering compensation to seek from the defendant in your case. If you are expected to make a full recovery in the short term, your attorney may set a daily compensation rate and then multiply this amount by the number of days it takes for you to fully recover from your injury.
If you suffered a catastrophic injury that resulted in a permanent disability, you can potentially recover a substantial amount of pain and suffering compensation from the defendant. In this situation, your attorney would be likely to add up the total of all your economic damages and then multiply the total by a factor of one to five, reflecting the severity of your condition after the accident.
What to Expect From Your Desert Hot Springs Work Injury Attorney
It is technically possible for you to file a workers’ compensation claim without hiring an attorney, and the law does not require you to hire legal counsel for an auto insurance claim or even a personal injury suit. However, do not assume that handling these recovery efforts on your own will be easy or that foregoing legal counsel will help you save money on legal fees.
Even if you believe you have a firm grasp of what you can expect in your recovery efforts, you should not try to manage these proceedings on your own. An experienced Desert Hot Springs work injury attorney can handle your legal affairs for you so you can focus on your recovery with peace of mind.
When it comes to the cost of your legal representation, the team at English Lloyd & Armenta can provide legal counsel for your work related car or truck accident case without adding to your financial concerns. We take these cases on a contingency fee basis, so you will not pay any legal fees unless and until we secure compensation for you. Once we do, you will only part with a percentage of the total compensation we recovered for your injury.
Find Legal Counsel You Can Trust in Desert Hot Springs
When you choose English Lloyd & Armenta to help recover from your recent work related car or truck accident in Desert Hot Springs, we will get to work immediately helping you gather the evidence you will need to firmly prove liability for your damages and hold the appropriate party accountable for the damages you suffered. After we help settle your workers’ compensation claim, we will determine your most viable avenues of additional recovery.
Our firm believes in client-focused legal counsel, meaning we take time to learn as much as possible about each client we represent. We’ll get to know you and learn as much as we can about your injury so we can fully address all your legal concerns in your impending case. Our goal for every client in Desert Hot Springs is maximum recovery in the shortest possible time frame.
Experienced Desert Hot Springs Work Related Car and Truck Accident Lawyer
You have a limited time in which to pursue your recovery after a work related car or truck accident in Desert Hot Springs. The attorneys at English Lloyd & Armenta are ready to provide the compassionate legal support you need in this challenging situation, so contact us today to schedule your free consultation with a Desert Hot Springs work injury attorney and learn how we can empower your recovery.
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