Indian Wells Work Injury Attorney
Thousands of people working in Indian Wells and surrounding communities are required to drive as part of their job duties. When accidents happen, it is vital for those affected to not only know how to file a workers’ compensation claim but also the value of working with an Indian Wells work related car and truck accident lawyer in their recovery efforts.
Any injury can change a person’s life, but when that injury is due to another driver’s negligence while you are working, then it can compound the situation.
Representing Injured Workers in Indian Wells, CA
The attorneys at English Lloyd & Armenta have extensive professional experience handling a wide range of workers’ compensation claims in Indian Wells. We know the various legal challenges you might encounter as you seek compensation for the damages you suffered, and not every employer in the state upholds their legal responsibilities to their injured workers.
Whether you think that a workers’ compensation claim alone will allow you to recover from your recent accident or you think that more extensive legal recourse is necessary, we can help. Workers’ compensation benefits are an invaluable lifeline to many injured workers each year, but these benefits are limited to what they can cover.
If anyone outside of your work caused a recent work related car or truck accident, they are liable for all damages they inflicted that you cannot recover through auto insurance. While this may sound straightforward enough, the reality is that actually holding them accountable for their actions can be more challenging than you may initially expect. Working with an experienced legal team increases your chances of success with all your recovery efforts after your accident.
Understanding Workers’ Compensation Insurance
Virtually every employer in the state must have workers’ compensation insurance, and almost all workers in the state are covered by this insurance when they suffer injuries while working. Your employer is required to classify the nature of your employment accurately for the purposes of workers’ compensation coverage, and they must disclose your eligibility status to file a workers’ compensation claim if you are injured while working.
If you have any reason to believe that your employer has intentionally misclassified your employment to avoid covering you with their workers’ compensation insurance policy, you should speak with an Indian Wells work injury attorney as soon as possible. Your attorney can determine whether you qualify to file a workers’ compensation claim and, if so, guide you through this complex process.
Filing a workers’ compensation claim in the state is similar to what you could expect when filing any other type of insurance claim, but you face the additional complication of your employer’s involvement in the process. While most employers uphold their duties to their injured employees in good faith, some do not. You will need an attorney’s help to resolve any such issues you encounter, as well as issues you could face with your employer’s insurer.
Determining Eligibility to File a Workers’ Compensation Claim in Indian Wells
Generally, as long as your injury occurred while you were performing your job duties, you are eligible to file a workers’ compensation claim through your employer. When it comes to vehicle accidents, it is important to remember that you cannot file a workers’ compensation claim for an accident you experienced during your commute to or from your workplace. If you were injured while driving as part of your work related duties, this accident would be a covered event.
Proving fault is not always necessary for workers’ compensation cases, and it is possible for you to have caused your own injury and still qualify for benefits under the no-fault rule for workers’ compensation. However, if you do bear any fault for a work related car or truck accident, it will affect the outcome of a personal injury suit against another driver.
A few issues that may potentially prevent you from filing a workers’ compensation claim would be a failure to abide by workplace safety regulations, engaging in any illegal activity while working, or working while under the influence of alcohol or drugs. If any of these issues apply to your case, you may be disqualified from workers’ compensation benefits. An Indian Wells work injury attorney can help you understand how your fault can impact your recovery.
Benefits Available Through Workers’ Compensation in Indian Wells
Workers’ compensation insurance exists to provide an economic lifeline to injured workers, paying for their medical treatment and providing some coverage for the income they cannot earn due to their injury. If your claim is approved, you can generally expect the insurance carrier to pay for all medical care you need to recover as fully as possible from your injury.
When it comes to income replacement, the insurance company may award either partial or total disability benefits based on the severity of your condition. If you can still work but are unable to earn as much income as you did prior to your accident, you may be awarded partial disability benefits. If you cannot work at all until you recover, you can expect total disability benefits.
Partial disability benefits are paid weekly, and the amount you receive with each weekly benefits payment will depend on how much you are able to earn on your own. You will need to report your earnings to the insurance carrier, and any failure to report could result in early termination of your benefits.
If you are awarded total disability benefits, the amount you receive each week will depend on your average weekly wages for the year prior to your injury. On average, claimants awarded total disability benefits can expect to receive about two-thirds of their average weekly wages from workers’ compensation. For example, if you usually earn about $1,200 per week, you can expect about $800 per week in disability benefits, and these payments can continue for up to 104 weeks.
Proving Fault for a Work Related Car or Truck Accident in Indian Wells
Fault may not be a critical issue in most workers’ compensation claims filed in the state, but if any party outside of your work directly caused your recent accident, then you will need to pursue legal recourse outside of the workers’ compensation system to fully recover your losses. Proving fault will be essential for these recovery measures and a critical first step that you must complete before you can secure any additional compensation for your losses.
Every driver is legally required to have auto insurance that includes coverage for bodily injuries and property damage. Workers’ compensation insurance may be an invaluable financial lifeline after your accident, but it is limited in what it can cover. An auto insurance claim against the at-fault driver can help fill these gaps and enhance your total recovery.
Your attorney can help you gather the evidence you will need to prove fault for your accident. Proving liability will be crucial for both an auto insurance claim and subsequent personal injury claim filed in response to your car or truck accident. You may need digital records like vehicle computer data, cell phone records, and traffic camera footage, along with physical evidence and testimony from witnesses who saw the accident happen firsthand.
Filing Your Third-Party Personal Injury Claim in Indian Wells
Worker’s compensation insurance provides financial benefits to injured workers, but it also protects covered employers from civil liability for these workers’ damages. This means you cannot sue your employer for a work related injury as long as they have appropriate insurance coverage and handle your claim in good faith. However, if a third party outside of your work caused the accident, they are liable for damages that workers’ compensation can’t cover.
Once you have proven fault for your work related car or truck accident, the next phase of your case will be proving the full extent of the damages you suffered. Under the state’s personal injury laws, the defendant in your case will be liable for any economic losses they caused that insurance cannot cover:
- Workers’ compensation may cover most or all your medical expenses following your accident, but if you have any such losses that workers’ compensation can’t cover, the defendant is liable for the remainder through their auto insurance and/or your personal injury suit.
- You may recover compensation for some of your missing income following a work related car or truck accident, but the defendant who caused the accident is liable for the remainder. Your Indian Wells work injury attorney can help calculate the full extent of your lost wages and lost future earning potential, helping you recover compensation for all such losses through your legal efforts.
- Property damage is also claimable in your personal injury suit. Workers’ compensation insurance may cover some such losses if you were required to use your own vehicle for work, and an auto insurance claim against the at-fault driver can further increase this compensation. Any remainder can be included as economic damages in your personal injury suit.
The combination of a workers’ compensation claim and an auto insurance claim against the at-fault driver could potentially yield full compensation for all the economic losses you suffered from the accident, but these insurance claims cannot provide any compensation for the pain and suffering you experienced.
You can, however, claim compensation for pain and suffering in your personal injury claim. California law does not place a limit on how much pain and suffering a plaintiff can seek in most personal injury cases, so this could potentially amount to more than you recover for all your economic losses.
An Indian Wells work injury attorney can help determine reasonable pain and suffering compensation that reflects the overall severity of the injuries you suffered as well as the extent of long-term or permanent damage the defendant caused in the accident. For many plaintiffs in personal injury cases, their pain and suffering compensation amounts to more than the total of all the economic damages they recover.
Comparative Fault in Work Related Car and Truck Accidents in Indian Wells
The state enforces a pure comparative fault rule, meaning that when multiple parties share liability for damages cited in a personal injury case, each liable party’s fault percentage determines the share of the damages cited in the case. If a plaintiff is found partially at fault for a work related injury, this should not disqualify them from workers’ compensation benefits, but it will reduce the compensation they can claim from auto insurance and a personal injury suit.
When a plaintiff in a personal injury case is found partially at fault, the judge overseeing the case will assign them a fault percentage. Whatever percentage of fault they hold will be subtracted from their case award as a penalty. For example, 10% fault means the loss of 10% of the total compensation claimed from the defendant. Your Indian Wells work injury attorney can help you understand if and how comparative fault could impact your recovery.
Find Legal Counsel You Can Trust in Indian Wells
If you have concerns about the potential cost of legal representation for your recovery efforts, there is no cause for concern if you choose English Lloyd & Armenta to represent your case. We take work injury claims on contingency, which means you are not required to pay upfront or ongoing attorneys’ fees. Instead, our firm will take a percentage of the total compensation we obtain for you, but only if and when we win your case.
You have a limited window in which to pursue recovery after a work related car or truck accident. You must file your workers’ compensation claim as soon as possible and face a very short time limit for an auto insurance claim against an at-fault driver. If you intend to pursue a personal injury claim, you will need to meet the statute of limitations for this as well.
Skilled Indian Wells Work Related Car and Truck Accident Lawyers
The sooner you connect with legal counsel you can trust, the more likely you will be to succeed with the recovery efforts you pursue. English Lloyd & Armenta can provide the compassionate legal counsel you need to approach your case with confidence, so contact us today to schedule your free consultation with an Indian Wells work injury attorney you can trust.
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