Thousand Palms Work-Related Car & Truck Accident Attorney
California requires almost every private employer to have workers’ compensation insurance, and this insurance provides valuable economic relief to employees who sustain injuries on the job. While most workers are aware of their rights when it comes to injuries suffered in the workplace, it is also possible to file a workers’ compensation claim in response to a vehicle accident. A Thousand Palms work-related car and truck accident lawyer is the ideal asset for this situation.
Representing Victims of Work-Related Car and Truck Accidents in Thousand Palms, CA
The attorneys at English Lloyd & Armenta have years of experience representing workers’ compensation claims in Thousand Palms, including those arising from vehicle accidents. It’s important to remember that location does not matter for a work injury claim as long as you were performing work-related duties when your injury occurred. However, a vehicle accident can open additional doors to recovery beyond your workers’ compensation claim.
Our firm takes time to learn as much as possible about each client’s individual story and the effects their workplace injuries have had on their lives. Whether you anticipate recovering suitable compensation for your injury through a workers’ compensation claim alone or you expect to take further legal action in response to your accident, we can help.
Start Your Recovery With a Workers’ Compensation Claim
Your recovery from a work-related car or truck accident in Thousand Palms may begin with a workers’ compensation claim, but you could also file a claim against the at-fault driver’s auto insurance policy if you were driving your own vehicle for work. Additionally, if you suffered damages from a third party that workers’ compensation does not cover, you can file a personal injury claim against the third party to recover these losses.
The attorneys at English Lloyd & Armenta provide compassionate and detail-oriented legal counsel in every work injury claim we represent, and we know the various legal challenges you might encounter when it comes to seeking compensation for your losses. You may be entitled to a larger recovery than you initially expected, and our team can work closely with you through all phases of your legal efforts following a work-related car or truck accident in Thousand Palms.
Why Should I Hire an Attorney for a Work Injury Claim in Thousand Palms?
California law does not strictly require you to hire an attorney for a workers’ compensation claim or a related personal injury claim, but doing so can dramatically improve your chances of success with these legal efforts. Instead of attempting to manage your medical recovery and your legal affairs all at once on your own, your attorney in Thousand Palms, CA can handle your case so you can rest and recover with peace of mind.
Your attorney can be a safeguard against exploitation and bad faith tactics from your employer and/or their insurance carrier. An insurance company is less likely to attempt any bad faith handling of a claim when they see that a claimant has legal representation, so our firm can assist you in receiving a fair determination of benefits as quickly as possible.
Car and Truck Accidents Related to Work Are Very Complex
Work-related car and truck accident cases are inherently more complex than most other work injury claims, and you could have options for recovering compensation that you may have overlooked on your own. By hiring a Thousand Palms work-related car and truck accident lawyer to represent you, you not only increase your chances of success with your recovery efforts but also ensure that no channels of compensation go unexplored.
Ultimately, legal counsel you can trust is an invaluable asset for all the recovery efforts you attempt in the aftermath of a work-related car or truck accident in Thousand Palms. The attorneys at English Lloyd & Armenta have cultivated a strong professional reputation as a leading choice for legal counsel for injured workers in the area, and we are ready to leverage our experience and professional resources for you as you seek compensation for your damages.
Seek Medical Care Immediately After an Accident in a Car or Truck
If you were hit while driving a car or truck for work, you should seek medical attention immediately and notify your employer of the accident as soon as you are able to do so. Your employer is legally required to create an incident report for your accident, and they are also required to provide you with any materials you will need to file your workers’ compensation claim.
If your employer interferes with your claim, attempts to prevent you from filing the claim, or otherwise retaliates against your request to file a workers’ compensation claim, these issues could form grounds for a separate lawsuit against your employer. If you experience any such mistreatment, it is vital to consult a Thousand Palms workers’ compensation attorney as soon as possible.
It is important to remember that there is a one-year statute of limitations on workers’ compensation claims in the state. This means you must file your claim for benefits within one year of the date your injury occurred, or you cannot claim workers’ compensation benefits. This may sound like a generous timeframe, but it is always advisable to file your workers’ compensation claim as soon as possible after any injury at work.
Medical Evaluation for Workers’ Compensation Benefits
Most workers’ compensation insurance carriers require claimants to undergo formal medical evaluations from doctors they have approved. Before you can submit your claim to your employer’s insurance carrier, your employer will need to provide you with the list of local workers’ compensation doctors you can visit for your evaluation. You can see any doctor in an emergency, but evaluation from an approved doctor will likely be required for your claim.
When you visit the workers’ compensation doctor, they will examine your injuries and assign you a disability rating from 1 to 100, indicating the severity of the harm you suffered. The higher your disability rating, the more you can receive in disability benefits. If you disagree with the first doctor’s assessment of your condition, your attorney can help arrange for a second opinion.
After completing your medical review, receiving your disability rating, and completing all necessary claim forms, you are ready to submit your claim to your employer’s insurance carrier. Your Thousand Palms work-related car and truck accident lawyer can help file your claim and verify the insurance carrier processes it in good faith.
Potential Injuries From Work-Related Car and Truck Accidents
It’s possible for an employee to suffer various injuries from a vehicle accident while working. Bone fractures, traumatic brain injuries, internal organ injuries, and spinal cord damage are just a few possible injuries from a work-related car or truck accident. The victim may require not only extensive immediate emergency care but also ongoing rehabilitative treatment for them to reach maximum medical improvement from their injuries.
The disability rating you receive from the workers’ compensation doctor you visit will reflect the severity of your condition and whether you will be able to return to work in the future. Many vehicle accidents result in injuries that cause long-term or permanent damage to the victim, and you could be unable to return to your previous job or unable to work at all due to the severity of the harm you suffered.
Resolving Issues With Your Workers’ Compensation Claim
As long as your employer and their insurance carrier handle your claim in good faith and you have an experienced attorney advising you, it’s possible to recover your benefits within a few weeks of filing your claim. However, there is always a chance for unexpected complications to arise, or your claim may even be unfairly denied.
If your workers’ compensation claim is denied, your Thousand Palms work-related car and truck accident lawyer can help you appeal the insurance company’s decision. It may also be necessary to file a complaint with the California Division of Workers’ Compensation and have the agency investigate your claim.
Ultimately, hiring an experienced attorney is the optimal way to ensure the smoothest possible workers’ compensation claim filing process and increase your chances of receiving suitable benefits under your employer’s policy. However, even if everything goes well with your workers’ compensation claim, you may be entitled to additional compensation that workers’ compensation insurance does not provide.
Additional Legal Recourse After a Work Injury From a Third Party
Workers’ compensation insurance generally protects covered employers from liability for their injured workers’ damages. This means that as long as your employer has required insurance coverage and handles your claim in good faith, you cannot file a personal injury claim against them in response to your work-related car or truck accident. You could, however, have grounds for a third-party personal injury claim against the driver who hit you.
If you were driving your own vehicle for work and driving is part of your primary job duties, you have the right to file an auto insurance claim against the driver who hit you. California law requires all drivers to have personal auto insurance, and the state’s fault rule means the driver at fault for an accident is liable for the resulting damages.
After Your Workers’ Comp Claim, You Can Seek Recourse From the Driver at Fault for the Accident
A workers’ compensation claim may be your primary method of recovery after a work-related car or truck accident, but you also have the right to pursue the same legal recourse against the at-fault driver as you would after any other vehicle accident in Thousand Palms. Your employer’s insurance may offer some coverage for your vehicle repair costs, but this isn’t guaranteed. A successful auto insurance claim against the at-fault driver is your next option for recovery.
An experienced attorney can help file your auto insurance claim against the at-fault third party and assist you in recovering compensation that you cannot recover through your employer’s insurance. If the at-fault driver’s auto insurance cannot fully satisfy the entire extent of the damages they caused, you then have the right to proceed with a personal injury claim against the at-fault driver.
Resolving a Third-Party Personal Injury Claim in Thousand Palms
If you are concerned about courtroom proceedings for a third-party personal injury claim, it’s important to note that most personal injury cases filed do not actually go to trial. Most are resolved privately through settlement negotiations. When a defendant is clearly liable for a personal injury, attempting to fight it in court will only lead to more expensive legal fees for them. It’s beneficial to all parties involved to seek a swift settlement.
to resolve a third-party personal injury case for a work-related car or truck accident relatively quickly. Your attorney can guide you through the settlement negotiation process if possible, and you will need their help in the courtroom if settlement is not a viable option for your case.
Comparative Fault in Civil Claims for Damages
It is important to remember that fault for your work-related car or truck accident is not as much of an issue for your workers’ compensation claim as it can be in a personal injury claim against another driver. It’s possible to recover full workers’ compensation benefits even if you are partially at fault for the accident, but your comparative fault will diminish your case award in a third-party personal injury claim.
California enforces the pure comparative fault rule, meaning any fault that the plaintiff holds for causing their claimed damages will be deducted from their final case award. For example, if you are seeking $200,000 in damages in your third-party personal injury claim, but you are found 10% at fault, you would lose $20,000 of the case award recovered from the defendant to reflect this.
If you have any concerns about bearing partial liability for your work-related car or truck accident in Thousand Palms, your attorney can provide specific guidance and assist you in minimizing any fault percentage assigned to you.
What to Expect From Your Thousand Palms Work-Related Car and Truck Accident Lawyer
The attorneys at English Lloyd & Armenta have extensive experience handling a wide range of complex work injury claims for clients in Thousand Palms and surrounding communities. We take time to learn as much as possible about every client we represent, helping them to understand the legal proceedings ahead of them as we guide them toward maximum recovery.
Work-related car and truck accident cases are often more complex than standard work injury claims because the victim’s recovery efforts will entail more than just a workers’ compensation claim. However, with this additional complexity comes additional opportunities for them to enhance their total compensation.
At English Lloyd & Armenta, we can work closely with our clients to file their workers’ compensation claims and resolve any problems they encounter with their employers and/or their employer’s insurance carriers. When a third party is liable for their work-related car or truck accident, we can then assist our client in filing an auto insurance claim to recover additional compensation for their damages.
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