California Workers’ Compensation

If you are hurt while at work, you are entitled to compensation. An Oakland workers’ compensation lawyer can help to ensure that you receive any necessary medical treatments and compensation for your injuries. If you have been injured on the job, call the Law Office of Weltin, Streb & Weltin as soon as possible to ensure your rights are protected.

Because Americans spend so much of their lives in one workplace or another, injuries on the job are common. These injuries are as varied as the different types of jobs they can be sustained in, from a common slip-and-fall accident, carpal tunnel syndrome from an office job, or even industrial injuries from a construction accident.  According to the Occupational Safety and Health Administration, in 2010 alone, one out of every twenty-five workers suffered a workplace injury, with the construction industry holding the unfortunate title for most workplace deaths per year.

California, along with every other state, has a specific system for workers’ compensation claims. It is a balanced system to benefit both workers and employers in the event of a workplace injury. If a worker is injured, their employer must pay for medical care and other specific expenses related to the injury (or their workers’ compensation insurance will take effect), no matter who is at fault, even if the worker was entirely to blame for their own injury. However, the other side of the equation is that the employee can’t sue the employer or their coworkers for negligence: The recovery is limited to what can be received through the workers’ compensation system

However, that does not mean that a claim can’t be filed against another responsible party that had a part to play in the injury. Called a third party case, these claims can be brought against the manufacturer of a defective product which was responsible for the injury, or a non-employee who caused or added to the injury in some way. In these cases, both a civil lawsuit as well as a workers’ compensation claim can be awarded to the injured worker. At the Law Office of Weltin, Streb & Weltin, we have a great deal of experience in both personal injury and workers’ compensation claims, ensuring that no matter what avenue is required to get you compensated for your injuries, we can help you.

Even when there is no question of a third-party or defective product, though, workers’ compensation claims are far from straightforward. Often, workplace injuries are not catastrophic, violent, or even seem like injuries. For example, jobs where workers most make repetitive motions, or are exposed to harmful chemicals, can develop an injury at a seemingly unrelated time. Employers may resist paying for a workers’ compensation claim, insisting that the injury was sustained outside of the workplace, such as on an errand or while commuting to work.  Also, previous documented non-work-related injuries may cast doubt if the same area is injured at the workplace, making the employer appeal that the previous injury was more to blame than the workplace incident.

These are just a few ways in which a straightforward workplace injury claim can be delayed or threatened entirely. There are many other examples, which is why it is so important to seek the advice of a Oakland workers’ compensation lawyer as soon as possible following an injury at work.

The Law office of Weltin, Streb & Weltin can help you navigate these murky waters, and help you get back on your feet as soon as possible. We will make sure you receive the largest settlement you are entitled to, and will investigate your case diligently to discover any third-party involvement. The consultation is free and confidential; call us today at (510) 251-6060.