Ventura Workplace Accident Lawyer
All the advice to young people today tells them to pursue their passion and find a job they love so that going to work doesn’t even feel like work. That’s all well and good, but lots of people just want to find a job that puts food on the table. For many, going to work can be a little bit scary when they work in an industry where accidents are common like construction, transportation, or warehousing, and frankly, workplace accidents can happen anywhere. Luckily, California workers’ compensation covers medical expenses and wage replacement for people injured on the job. But what about people who aren’t covered by workers’ comp or those whose injury was caused by some third party? Relief is available for these workers too, and Zavala Law can help. Contact our Ventura workplace accident lawyer today.
Hundreds of workers die every year on the job in California, and thousands more are injured. Transportation incidents (car and truck crashes) and exposure to harmful substances or environments account for over half of all workplace deaths. Other leading causes include falls, slips and trips, violence and other injuries by persons or animals, and contact with objects and equipment.
California law requires all employers, even those with only one employee, to have workers’ compensation insurance. Workers’ comp pays all medical costs and replaces two-thirds of a worker’s wages while they are temporarily disabled or other benefits if they are temporarily disabled.
If your employer doesn’t carry insurance, you can file a claim directly against them and require them to pay workers’ comp benefits by going through the workers’ compensation system. The employer can be forced to pay you benefits, including an extra 10% in permanent disability benefits as a penalty for not carrying insurance.
You can also file a civil lawsuit directly against the employer. If you can prove they were uninsured when you were injured, you can win benefits from them in court. The employer will be presumed to be at fault and cannot try to shift the blame to you. We can help you with your civil claim, even if you are also going after them through the workers’ comp system. You can’t recover double compensation, but we can help ensure you receive the maximum compensation available.
Independent contractors aren’t covered under workers’ compensation. If you are injured while working as an independent contractor and the accident was the employer’s fault, you can file a lawsuit against them to recover compensation for your harm. An independent contractor is someone who has control over how the work is done. If you are a roofer, electrician, brick mason, or landscaper who controls the details and manner of your work, gets paid by the job rather than through salary and wages, uses your own tools and materials, and sets your own hours, you may be an independent contractor who will need the help of an experienced workplace accident lawyer if you get hurt on the job.
Whether you are an employee or an independent contractor, and whether or not your boss is insured, if you are injured on the job because of the negligence of some third party, then you might be able to pursue a civil claim directly against that negligent third party. Here you aren’t limited to recovering only medical expenses and two-thirds of your wages. Instead, you could hold the party liable for all your damages, including pain and suffering. You’ll need to be able to prove the party was negligent (they had a duty to use reasonable care toward you and failed to do so) and that their negligence was the cause of your injury. As with any personal injury claim, you’ll need the help of a skilled workplace accident attorney to hold the third party accountable, whether settling with their insurance company or taking them to court.
Zavala Law is your go-to injury law firm for workplace accidents in Ventura County. We handle the full range of third-party liability claims to help you get the most compensation from all liable parties after an on-the-job injury. Common third-party liability claims we handle include:
- Car and truck accidents – You are out on the road while on duty, such as making deliveries, picking up supplies, or traveling between job sites on the clock, when you get hit by a negligent driver.
- Premises liability – You are hurt while working off-site on a third party’s premises because the property owner failed to warn you about a dangerous condition on the property. To have a claim, the hazard would have to be unrelated to the reason you are on the premises (if you are there to fix a hole in the roof, you can’t blame them if you fall through the hole). You might also have a third-party claim at your own workplace if a third party negligently drives onto the worksite or negligently stacks materials, causing an accident.
- Defective Products – If you get hurt at work because the tool, equipment or product you were using was defectively designed, defectively manufactured, or had inadequate or defective warnings or instructions, you might have a products liability claim against the manufacturer, distributor or retailer. Zavala Law can help you hold the product maker liable for your injuries.
Contact Zavala Law Today
If you’ve been hurt on the job in a situation where workers’ compensation doesn’t apply or a third party’s negligence was to blame, Zavala Law can help you hold the proper party accountable to you and help you get justice and compensation for the harm you’ve suffered. For help throughout Ventura County, call our office at 805-429-4292 for a free consultation to discuss your claims.