An Overview of Personal Injury Settlements

When a person sustains injuries in an accident caused by another party’s negligence or misconduct, he/she qualifies to file a personal injury claim. Once the claim is filed, the at-fault party or their insurance adjuster should offer a settlement to close the case. If no offer for compensation is received shortly, the plaintiff may go ahead and file a lawsuit. About 95% of personal injury cases never go to trial because they are settled by the defendant before a court date. While out of court settlements are usually convenient for both parties, they are not always favorable for claimant.

In order to determine whether accepting a settlement offer is the right thing to do, you must first understand all angles of your case. Another important thing to consider is when to settle a personal injury case. The first offer put forward by the defendant or their insurer is almost never reasonable. Personal injury cases are complicated, given the vast variation of their nature and circumstances. For this reason, legal consultation and representation is entailed for a favorable outcome. Many claimants are quick to accept a settlement offer because they cannot afford to wait. Pending bills and growing debt urges them to act in haste. They grab whatever first comes their way because any amount of money is appealing in their grim situation.

Accidents victims do not realize that challenging the perpetrator in court can be highly rewarding. Sometimes filing a lawsuit is all it takes to intimidate the defendant. The insurance adjuster is aware of the fact that the court trial can lead to a whopping payout. If the plaintiff wins the case, he/she is able to score additional compensation for non-economic losses, such as pain and suffering. You can expect the insurer to approach you with a much better settlement offer after filing the lawsuit, therefore you do not necessarily have to go through with it.

Reaching a settlement out of court has its advantages. First of all, both parties are able to prevent a protracted trial and the hefty legal expenses of fighting the case in court. Personal injury trials can drag for months, which means the victim does not receive any reimbursement until the case is resolved. Besides, there is no guarantee that the plaintiff will come out victorious in the end; you may lose to the opposition and return empty-handed.

Dealing with the defendant and their insurer can be a painful experience without a lawyer by your side. Accepting the initial proposal without question is easy and efficient, but the party who truly benefits from the deal is not you. It is important to negotiate and hold your horses until the defendant makes a better offer, which is easier said than done. Insurance agents have several tricks up their sleeves to convince the clueless claimant that a meager settlement is the best they can hope for.

Personal Injury Attorney in Boston, MA, possesses the experience and skills to maximize the interests of the client. The compensation you attain on your own can never compare to that accomplished by a professional lawyer. When the personal injury claimant is accompanied by an attorney, the insurance adjuster shall not dare to initiate unnecessary disputes or misleading arguments.

Get Help from Worker’s Compensation Lawyer

When going to work and expect to accomplish the duties without harming the health for the day but unfortunately, often accidents happen in the field area or workplace. Injuries at the workplace may have difficult consequences. However, consulting a good law firm can help with the legal process to get all the benefits. In worker’s compensation, the victim does not need to prove that employer did wrong, simply prove that injuries happened while working. However, sometimes insurance companies and employers try to pay less than the actual worth of the claim or deny the claim wrongfully. 

Causes of Workplace Injuries

The most frequent reasons for workplace injuries are:

  • Overexertion (from carrying, pulling, lifting, pushing, throwing, and/or holding)
  • Falling on the same level or to the lower level
  • Being stuck by the object (like something falling from above)
  • Injuries due to bodily reaction (caused by climbing, sitting, bending, or standing)
  • Being compressed by or caught in the machinery
  • Slipping or tripping without falling
  • Being stuck against the objects (this include being pushed into the walls or doors)
  • Unsafe machinery or tools
  • Repetitive motion wounds (like repeated strain or stress)
  • Collapse scaffolding
  • Lack of proper training
  • Lack of gear for protecting the eyes, feet, head, torso, ears, etc.
  • Not enough illumination
  • OSHA violations or other unsafe practices
  •  Lack of respiratory equipment or inadequate ventilation.

Such accident cases include burns, lacerations (cuts), electrical shocks, and impact injuries like a concussion, joint dislocations, bruises, spinal injuries, bone fractures, etc. According to the study of Bureau of Labor Statistics, there are average eight days that the injured workers are absent from work. Also, for a month or longer, more than a fourth of workers are out of job because of injury. Following occupation have the highest number of non-fatal workplace injuries include:

  • Truck drivers
  • Tractor trailer
  • Freight and laborers handlers
  • Nursing Assistant

Consult the Worker’s Compensation Attorney

Workers Compensation Lawyer protects workers who get injured on the job. However, the claim making process is very daunting. Sometimes the complex nature of the law increases the already traumatic situation. The attorney will help the victim through the whole process to get a fair compensation. 

Benefits of Worker’s Compensation

Depending on the circumstances of the injuries and accident. The benefits that victim may get from the compensation are:

  • Lost productivity and Lost Wages
  • Medical bills
  • Rehabilitation cost (psychological services, physical therapy, or vocational services)
  • Anticipated medical expenses
  • The family may get the death benefit in case of a death at workplace accident. The lawsuit may ask the court to award the punitive damages if the employer or other party involved in injured worker’s accident failed to follow the safety-related rules and regulations.

Defense Duties of Worker’s Compensation Lawyer

Worker’s compensation attorney on the defense side assists the self-insurance employers or insurance companies by defending the worker’s compensation claim and mitigates the exposure. For each business, they must understand the guidelines for claim handling, calculate the exposure, know how to budget the cost, and have knowledge of the billing procedures. The attorneys in Pacific Attorney Group represent the employer’s interest at oral arguments, hearings, depositions, hearings, arbitrations, mediations, and other proceedings. They monitor the reports of loss run for trends and alerts the management. 

Do you Qualify for Worker’s Compensation Benefits?

Worker’s compensation benefits includes financial reimbursement of medical bills and lost wages related to injury or illness suffered at work. An individual can get hurt or sick at the workplace for many reasons. In most cases, it doesn’t matter who was at fault if you were doing your job at the time of the accident. Worker’s compensation insurance is favorable for both the employer and the employee. While the employee is able to prevent economic damages resulting from the inability to work, the employer is protected against workplace injury lawsuits. Personal Injury Attorney in Woodland Hills, CA enlists crucial requirements to receiving worker’s compensation benefits:

Status of employment

The foremost condition for acquiring worker’s compensation benefits is that an organization or individual has employed you. Just because you work for someone does not necessarily mean that you are their employee. The law determines your employment status by considering your control over the job and the relationship with your recruiter. Typically, volunteers and unpaid interns are not entitled to worker’s compensation benefits.

Several jobs or occupations are excluded from receiving any financial reimbursement for work related injuries. Many part time workers like household maids, nannies, gardeners, and other kinds of caregivers in private homes cannot claim for personal injuries sustained on duty. Many seasonal workers, such as farmers are also exempt from the insurance policy. Outsourced help, temporary staff, freelancers, and independent contractors are not recognized as a company’s employees either. Some business owners list full time employees as independent contractors to avoid paying payroll taxes and buying insurance premiums. Some states disregard compensation benefits for undocumented workers (illegal immigrants) as well. 

Employer’s Insurance Policy

If your employer never bought worker’s compensation insurance policy, it would indeed be a sizable glitch in receiving the benefits. Most states, particularly California has made it compulsory for every employer to purchase an insurance premium that corresponds to the size and nature of their business. Other states offer exemptions to some small businesses, but they still choose to buy insurance for personal and employee welfare. If your employer does not have insurance despite the legal liability, you own the right to file a lawsuit against them. You can fight your case in the worker’s compensation court or the civil court. If you have further confusions regarding to your employer’s insurance policy, you must certainly consult a worker’s compensation attorney.

Statute of Limitations

Every state has a time limit for reporting a work related injury and filing a personal injury lawsuit against the employer. If you do not act quickly and miss the deadline, you will lose the chance for receiving any compensation. The time given for reporting an injury is usually between 10 days to 3 months, whereas claims can be filed until 1 to 3 years. If sufficient time has passed since the occurrence of the accident, it may become harder to provide convincing evidence for the severity of your injury.

The Nature of the Injury

Certain injuries and illnesses are clearly work related, but others could be hard to prove. Medical reports and the support of onsite witnesses can help strengthen your case. The employer’s insurance provider will thoroughly investigate the circumstances before issuing a payout.

How Workers’ Compensation Works

Workers’ Compensation is a type of insurance that business owners pay for the security of their employees. If someone gets ill or injured at work, this insurance program will compensate for his/her losses; this typically includes reimbursement of medical bills and lost wages. This program does not cover pain, suffering, and negligence claims.

The extent of coverage by this company insurance varies from state to state; the definition of an employee, the types of qualifying injuries, statutes of limitations, and plausible employer defense may differ. Federal organizations may require a Defense Base Act Insurance in addition to Workers’ compensation for employees positioned in foreign land.

What Workers’ Comp Covers

According to Crystal Lake, IL Worker’s Compensation Attorney, employers can include themselves in the insurance policy, i.e. they too shall receive compensation for getting injured/ill at the premises of work. In addition to healthcare and wage replacement, workers’ compensation insurance also provides vocational rehabilitation to help employees resume work as soon as possible.

If an employee dies while doing his/her job, the insurance will pay death benefits to the dependents or family members. Even though overall death rates in the workplace are not too common, there are some industries like construction where the likelihood of death in the workplace are much higher than the national average.

Chronic Illnesses and Workers’ Compensation

Workers’ compensation compensates for acute and chronic injuries/diseases that are caused by the nature of work or the environment of the workplace; permanent disabilities are covered as well. For example, carpel tunnel due to repetitive movement and loss of hearing from prolong exposure to noise is likely to require long-term treatment and/or management.

Business owners who sign up for the worker’s insurance program issue payments to the state’s fund. The state offers different kinds of compensation programs, depending on the size and operations disposition of the business. How much an employer benefits from the insurance depends upon the severity of the injury and his/her regular income at the job.

Why Workers’ Compensation Is Important

The purpose of obtaining workers’ compensation insurance is to prevent potential lawsuits filed by employees and contractors. The employer pays a small amount on a monthly basis, so a sudden large expense associated with an injured worker does not disturb the company’s financial balance. Companies that do not participate in the workers’ compensation programs have even been known to go under and have to file for bankruptcy as a result of major payouts to injured workers.

Despite having the insurance, employees can still sue the employer for inflicting harm on purpose, or assigning a task that was injurious and not part of their conventional role at work. On the contrary, if the worker violates the company policy or hurts himself/herself intentionally, then he/she is not eligible for receiving compensation. Injuries sustained outside the workplace or out of working hours do not qualify either.

Who Is Eligible for Workers’ Compensation

Workers of every age, race, and gender must be compensated equally. Discrimination or retribution against an employee for filing a lawsuit or valid claim is prohibited. The employer cannot fire an employee for making a genuine complaint.

Companies or business owners that commit insurance fraud are subject to hefty fines and penalties by law. Not outlining the entire staff as employed personnel, misclassifying them, or hiding the real number is an offense.

Similarly, employees and healthcare providers are also capable of swindling the insurance providers. An injured employee may try to get more money out of his/her employer by exaggerating the damage. Healthcare providers may cheat the employer and employee by overcharging or demanding reimbursement for treatment that was never provided.

How Long Does Recovery from a Brain Injury Take?

How is Traumatic Brain Injury diagnosed

First things first: if you have suffered a workplace head injury, it is never too early to contact an experienced brain injury attorney in San Diego. You need a legal team which will go to any length in order to secure your workers compensation benefits so you can focus on your recovery. Here at Workers Compensation Attorney Group of San Diego, we always readily help our clients throughout the San Diego region get the maximum workers compensation they deserve.

Often, the injury itself is not even the worst part. It is what comes afterwards. Namely, a recovery from a brain injury can span a long period of time. To make things even worse, it is followed by various unknown and unforeseen side effects that may further drain your energy. 

How do you get a Traumatic Brain Injury?

Simply put, a Traumatic Brain Injury happens due to the effect of some external causes, i.e., physical force which results in brain damage. Internal causes like a brain stroke or a tumor will not result in a TBI, and neither will loss of oxygen. For instance, a concussion represents a mild Traumatic Brain Injury which leaves temporary consequences, one of the most immediate ones being amnesia.
A Traumatic Brain Injury has the effect of creating an imbalance in the brain, interfering with how our brain normally works. Until the balance is restored and you start to recover, you may experience various difficulties that may take a toll on your daily life, your work and your relationships with other people. You will deal with physical and cognitive issues, as well as emotional and behavioral issues.
The good news is that not every head injury will result in a Traumatic Brain Injury. The bad news is that a TBI might not manifest itself right away, which is why medical attention is needed immediately.

How is Traumatic Brain Injury diagnosed?

A doctor will first conduct a simple check to see if the patient is alert, whether they can follow directions and move their eyes, arms and legs. They will also ask questions to check the patient’s speech coherence. If they suspect that the patient has experienced TBI, they will normally perform a CT or MRI scan. 

What are the symptoms of a TBI?

Even a mild Traumatic Brain Injury can be followed by a range of symptoms:

Physical Symptoms

  • Brief loss of consciousness (seconds or minutes)
  • Feeling dazed & confused
  • Loss of orientation
  • Loss of balance and dizziness
  • Headaches, often followed by nausea and vomiting
  • Fatigue
  • Speech difficulties
  • Sleep deprivation or excessive sleeping

Sensory symptoms

  • Sensory issues (blurred vision, ringing in the ears, unpleasant taste in the mouth)
  • Heightened sensitivity to light and sound

Mental and cognitive symptoms 

  • Having difficulty memorizing things
  • Having difficulty concentrating
  • Mood changes and mood swings
  • Depression and anxiety

As far as moderate and severe TBIs go, the patient may experience any of the above symptoms. Unfortunately, this is just the beginning of it. 

There are other symptoms which are more intense and more severe and which make the patient’s life all the more difficult during the recovery period. These include prolonged loss of consciousness, convulsions, seizures, dilated pupils, fluids draining from the ears and nose, numbness, lack of coordination, speech difficulties, as well as overall confusion, agitation, combativeness and other strange changes in behavior. The possible complications include long-term effects, coma and death.

Does TBI have any long-term effects?

As stated above, severe TBIs might have long-term effects and complications, including coma and death. For this reason, it is of paramount importance that an experienced neurologist is put in charge so they can examine the patient on a regular basis and monitor their condition and their recovery process.

How long does it take to recover from a Traumatic Brain Injury?

The length of a recovery process following a TBI is impossible to determine without information about the severity of the condition, access to the patient’s medical records and an examination conducted by a neurologist. Every patient is unique and every injury is different. But roughly speaking, it could last for weeks, months, or, in the most severe cases, years. 

During the recovery period, you should follow a simple routine to promote recovery and make things easier on yourself:

  • Do not attempt to tough it out because that will only prolong the recovery process.
  • Make to-do lists and write everything down.
  • Keep a consistent schedule to avoid confusion.
  • Keep your things in designated places and always put them back.
  • Always take the same route when going somewhere by yourself.
  • Avoid distractions such as being exposed to background noise.
  • Say no to multitasking: work on one task at a time to stay focused.
  • Whatever you’re doing, take as many breaks as you need.
How long does it take to recover from a Traumatic Brain Injury

Going all out to maximize your chances of getting what is rightfully yours

What you need is to track down a competent brain injury attorney in San Diego who will fight tooth and nail on your behalf. During the initial consultation, we will make sure you fully understand your rights and the course of action we plan to pursue in relation to your workers compensation claim filing process. We want to be certain that nothing will slip through the cracks and that there are no risks that you could be deceived by your employer or the insurance. Dedicate your time and energy to your recovery process, and we will handle the rest. Call today!

How Do You Get the Most Out of a Brain Injury Work Comp Claim?

Can you fully recover from a brain injury

Any kind of injury in the workplace, especially if it is severe enough to affect your cognitive function, ability to work, quality of life in the long run, is enough of a reason to consult a legal professional immediately. The sooner you initiate the medical treatment and workers compensation claim filing process, the sooner will you be able to get your life back on track. Consult an aggressive Work Comp attorney specializing in San Diego brain injury cases for assistance with your workers compensation claim.

So other than consulting a lawyer with a track record in the area, what else can you do? What other factors will affect the outcome? How can you maximize your brain injury workers compensation benefits? Read on.

Did you lose consciousness?

This is a common sign of brain injuries and concussions: amnesia and loss of consciousness. In order to maximize your chances of being awarded workers compensation benefits, your medical records need to prove you have lost consciousness after the injury. This is something that both the insurance company, your doctor and any other parties involved in your claim will go over in detail. 

If you have experienced loss of consciousness, it means that you have suffered a serious or potentially serious injury. On the other hand, if you haven’t lost consciousness as a result of the injury, they will use this to minimize your brain injury, its effect on your health and its consequences.

Did the injury affect your cognitive performance?

An insurance company will go to great detail to ensure whether or not your cognitive performance has been affected by the brain injury. They will typically use your old school records, even if you left school decades ago. The outcome may also depend on how cognitively demanding your work is.

Are you seeing a medical specialist?

For serious brain injuries, seeing a primary doctor will not suffice. This is another trap that you might unknowingly fall into. What you need is to have a neurologist conduct an evaluation and actually be in charge of your treatment. This is important not just because it boosts your chances of filing your workers compensation claim effectively, but also because seeing an experienced specialist following your workplace brain injury could be vital to your recovery.

How long does a brain injury take to heal?

When you suffer a Traumatic Brain Injury, your ability to function is reduced as a result of a chemical imbalance in the brain. Over time, the chemistry in the brain starts to improve but it could take months before your brain injury heals and your brain’s chemical balance is fully restored.

Can you fully recover from a brain injury?

Making a full recovery from a brain injury is possible, but it really depends on the severity of the brain injury. In case of a Traumatic Brain Injury, things are more complicated. Namely, patients who have suffered a moderate TBI can regain consciousness in a matter of days or weeks.
However, in case of severe TBIs, the progress is excruciatingly slow and the patients are left dealing with impaired consciousness for months on end. In the most extreme cases, the recovery may even span years.

Brace yourself for challenging and difficult times

Aside from being complex and complicate to treat, brain injuries inevitably come with unpredictable side effects: headaches, mood swings, poor anger management, impatience, relationship issues. As if all of that weren’t bad enough, brain injuries are also costly which has a direct effect on your employer and their insurance company. 

In other words, they will fight you and try to minimize the extent and the effect of the injury in order to make the situation seem less severe and less serious than it is. But since you have reason to expect far-reaching implications, you must persevere. Again, consulting one of our experienced and highly competent attorneys specializing in brain injury cases would be your best course of action.

How long does a brain injury take to heal

Your best chance of beating the deadline

Members of our legal team with the most experience in San Diego brain injury cases can help you secure your workers compensation benefits, even if your claim has been denied in the past. Leave nothing to chance and put your trust in the most sought-after attorneys in the area. You deserve to receive your workers compensation benefits and medical treatment so you can make maximum recovery as soon as possible, and we are here to make it happen. Reach out to us in our Chula Vista office or one of our two San Diego locations. Call today!

How to Deal With a Concussion in the Workplace?

If you have suffered a head or brain injury in the workplace, you could be dealing with a concussion. Even if you do not notice any symptoms of a concussion for the time being, your best course of action would be to see a doctor and seek assistance and guidance from an experienced legal team immediately.

Can you get compensation for concussion

Only after going over the details and circumstances of your case with a competent San Diego brain injury lawyer on our team can you find reassurance. We charge a contingent fee for our service so you can focus on your recovery. Let us handle your claim and take action in your best interest.

What is a concussion?

A concussion is a traumatic brain injury which can be caused by a whiplash or a blow to the head. The trauma causes the head to move abruptly and rapidly back and forth which, in turn, affects the brain inside the skull by causing the brain to twist or bounce around. This could lead to chemical changes in the brain or even damage to the brain cells.

What are the symptoms of a concussion?

In case of a head injury, seek medical assistance immediately, even if you notice no symptoms of a concussion whatsoever. As far as symptoms go, they are easily recognized. The symptoms of a concussion, usually resulting from Traumatic Brain Injury, can range from mild to severe.

A mild concussion is followed by the following symptoms:

  • Headaches
  • Dizziness
  • Nausea & vomiting
  • Tiredness & fatigue
  • Numbness & tingling
  • Lack of balance
  • Being sensitive to light/noise
  • Ringing in the ears

A more severe concussion is is followed by more severe symptoms:

  • Persistent or intensifying headaches
  • Persistent nausea and repeated vomiting
  • Seizures or convulsions
  • Dilated pupils
  • Fluid leaking from ears/nose
  • Slurred or slow speech
  • Behavior changes
  • Coma.

Can you get compensation for a concussion? 

You are entitled to receive workers compensation benefits as a result of a head injury/concussion, as long as the incident that led to it took place at work. You can expect to receive coverage for your medical treatment costs and compensation for about two thirds of your lost wages.

How do you prove a concussion? 

It is important to let the physician know that the injury took place at work so they can put it in their report which you will need to submit when filing your workers compensation claim. You need to be examined by a physician who will check whether you are suffering from any of the above symptoms. Even if there are none, they may order imaging testing such as CT or MRI scans so as to rule out the possibility of internal bruising or bleeding.

How will a concussion affect my work performance?

Concussions can be unpredictable, complex and costly to treat. The condition tends to worsen when the patient is not receiving proper treatment and getting plenty of rest. In other words, you would be ill-advised to get back to work immediately after a concussion. In fact, concussions fall under the category of injuries with the longest recovery period. 

Workers who have suffered a concussion tend to experience the following issues:

  • Struggling to keep focus
  • Feeling slowed down
  • Feeling foggy
  • Forgetfulness 
  • Confusion

Only a health professional can determine how long your recovery period should last and at what point you can go back to work.

How do you prove a concussion

We will spare you the headache of navigating the work comp system alone

As if being injured and suffering from the many symptoms of a concussion weren’t enough, you are left to deal with a mountain of paperwork and lost wages. We are here to give your recovery process a healthy boost by putting our best effort into building your workers compensation case and filing your claim as promptly as possible. 

Here at Workers Compensation Attorney Group of San Diego, we work as a team to act in your best interest. Reach out to us by phone or visit one of our three locations, two in San Diego and one in Chula Vista. Let us be there for you in your hour of need!

Workplace Brain Injury: Should I Hire an Attorney?

A head injury, being one of the most serious workplace injuries, can have long-term consequences and it is often followed by an excruciatingly long recovery period. If you have suffered a head injury, you will want to take swift action and explore every avenue to get the full compensation you are entitled to. After all, head and brain injuries could result in external and internal damage

However dangerous external damage to the skull can be, be it a bump, a cut or a fracture, internal damage is far more intimidating. You could be dealing with Traumatic Brain Injury, which could include internal bleeding and bruising. And of course, there is no telling how long the period of recovery following your brain injury will last

Consulting a competent San Diego brain injury attorney on our team who has experience in dealing with head or brain injury cases should certainly be your number one step. Take no chances and leave no room for risk of complications. 

What are the common causes of workplace head injury
What is a Traumatic Brain Injury?

Likely to result in lasting damage, disability or even death, Traumatic Brain Injury or TBI is one of the most terrifying injuries in general. The effect of TBI is a concussion at best. There could also be lasting consequences or even a fatal outcome.  As such, TBI comes with a heftier workers compensation sum. 
The main mistake most of our clients make is ignoring the problem and hoping it would go away on its own. It will not. Dealing with the consequences of Traumatic Brain Injury could take years of dedication and treatment.

How do I recognize the symptoms of TBI?

Bear in mind that the onset of symptoms may not start until much later. It should be your top priority to seek legal and medical assistance immediately, regardless of whether you are experiencing any symptoms or not.

The most common symptoms of head or brain injuries that indicate a mild concussion are as follows:

  • Headache
  • Nausea
  • Vomiting
  • Dizziness
  • Tiredness
  • Fatigue
  • Loss of balance and other physical manifestations
  • Sensitivity to light
  • Sensitivity to noise
  • Ringing in the ears
  • Numbness and tingling.

More serious concussions, caused by moderate or severe brain injuries have the following symptoms:

  • Persistent or gradually worsening headaches
  • Constant nausea
  • Repeated vomiting
  • Seizures or convulsions
  • Dilated pupils (both or just one)
  • Leaking fluid (from the nose or ears)
  • Dysarthria (slurred speech)
  • Changes in behavior
  • Coma.

How much compensation do you get for brain injury? 

The value of workers compensation benefits for Traumatic Brain Injury suffered on the job or while performing a job-related activity depends on the severity of your condition and duration of your recovery. It is important to report the accident to the employer right away and consult one of our head and brain injury attorneys immediately so you can get an estimate of your workers compensation benefits. Attorneys are paid on a contingency fee basis so you needn’t worry about attorney fees.

What are the common causes of workplace head injury?

Sadly, some occupations carry a higher risk of suffering from head injuries. These are as follows:

  • Police officers
  • Firefighters
  • Loading dock workers
  • Construction workers
  • Delivery personnel
  • Race car drivers
  • Professional athletes

Common causes include but are not limited to:

  • Slips and falls
  • Falling from heights
  • Falling objects
  • Vehicle and traffic accidents
How much compensation do you get for brain injury

How do I maximize my workers comp settlement?

Call Workers Compensation Attorney Group of San Diego to schedule an appointment with a specialized San Diego brain injury attorney and get the most out of workers compensation. Rely on professionals in one of our three San Diego locations to carry you through so you can capitalize on the situation and get what is rightfully yours. Whether you are dealing with pain, discomfort or similar difficulties as a result of the injury or are yet to start experiencing any symptoms, you deserve to be fully compensated. 

What Do You Do in Case of Maritime Injury?

Despite offering lucrative career options, the maritime industry is fraught with risks and dangers. Maritime injuries and accidents can happen at any time, and you might find yourself in need of professional assistance immediately after your maritime injury, even with training and impeccable compliance with safety rules and regulations

Sometimes, accidents in the maritime cargo handling industry and longshore work are caused by factors beyond anyone’s control, but sometimes, they happen as a result of employer’s negligence. Consult one of our leading longshore attorneys and find out what your rights are if you are a maritime worker who has suffered a workplace injury, and even if you are just considering a career in the maritime industry.

What are maritime workers?

What are maritime workers

Maritime work is any type of work performed on or relation to ships. Land-based maritime work includes working in harbors and ports. Individuals performing this type of work are covered by the Longshore and Harbor Workers Compensation Act, while seamen are covered by the Jones Act.

What is maritime career?

The maritime industry is a broad concept. Having a maritime career means working in the domain of:

  • Loading cargo
  • Unloading cargo
  • Vessel construction
  • Vessel repair

This is different from the work performed by seamen, although the two types of work are closely connected and occasionally intertwined. 

What is maritime injury?

When it comes to maritime work, there are many dangerous factors at play: stressful workplace atmosphere, unpredictable weather, malfunctioning equipment and other risk factors. Common maritime injuries can take many forms, including:

  • Head injuries
  • Broken limbs
  • Loss of limbs or amputation
  • Shoulder injuries

We have lawyers who specialize in the area of maritime injuries and accidents who can take swift action to help you file your claim in accordance with the law and receive compensation.

What are maritime accidents?

Here’s an overview of the most common maritime accidents, depending on the nature of the specific job a person does:

  • Dock and pier accidents
  • Falling overboard
  • Slips & falls
  • Enclosed spaces
  • Chemical burns
  • Repetitive use injuries
  • Accidents due to improper training

Having a trusted attorney with the experience, competence and determination to pursue even the most complex maritime accidents is just what you need if you want to ensure the optimal outcome. 

What is maritime injury

Do I qualify for compensation under the Longshore Act?

In order to be eligible for compensation under the Longshore Act, you need to pass two tests:

  • Status Test, a test used to determine whether you are a maritime worker. At least some portion of your job has to involve maritime work;
  • Situs Test, a test used to determine the location where work is performed. A maritime worker cannot have an administrative or office job. You have to work near or around water in order to be eligible for compensation under the Longshore Act.

If you meet both criteria, you may be eligible for the following benefits:

  • Temporary or permanent disability payments
  • Medical treatment
  • Medical transportation
  • Rehabilitation costs
  • Physical therapy

We’re here for you in your hour of need

Workers Compensation Attorney Group of San Diego has the most competent longshore attorneys, ready to rush to your aid. As a longshore worker working in San Diego Bay area who has suffered a workplace injury or accident, you need the help of experienced professionals ready to think on their feet. 

Schedule your initial consultation today and we’ll go over the details of your case so as to determine your best course of action. We will inform you about your legal rights and the benefits and compensation you may be entitled to and present you with a list of options. Time is of the essence so let’s not waste it. Call today.

How Do the Jones Act & the Longshore Act Differ?

If you work in the maritime industry, it is important to be in the know about what marine industry workers’ rights are in unforeseen circumstances. Given the risky nature of maritime industry, both the employers and employees should focus on preventing workplace accidents and injuries by applying appropriate precautionary measures and following occupational health and safety guidelines. 

Still, mistakes and slips are inevitable and they do happen. Depending on your line of work, you may have a higher or lower chance of injury. Seamen and land-based maritime workers are a category of workers who are exposed to high risk. The nature of their work makes them far more likely to sustain injury or have an accident. 

What is a Jones Act claim

The Longshore and Harbor Workers’ Compensation Act protects land-based workers the same way Workers’ Compensation Act protects workers in other industries. So what exactly is the Jones Act and what is its purpose? Who is eligible for compensation under this Act? 

What is a Jones Act claim?

Our longshore attorneys at Workers Compensation Attorney Group San Diego can help you file your claims for compensation under the Jones Act. 

Land-based maritime workers may file workers’ compensation claims under the Workers’ Compensation Act. Seamen do not have this option. Much like longshore and harbor workers, seamen are not entitled to receive any federal or state workers’ compensation benefits in case of injury that land-based workers are entitled to.  

This is where the Jones Act comes into play. This Act allows seamen who have suffered maritime injuries to sue their employers for negligence of the vessel owner, officers, fellow workers or the employer themselves, for instance:

  • Unsafe working conditions on board a ship
  • Failure to ensure proper ship and equipment maintenance.

A seaman may file their lawsuit in any US court, state or federal. The lawsuit must be filed within three years of the date the injury took place. 

What is Jones Act coverage?

Although the Jones Act and the Longshore and Harbor Workers’ Compensation Act are often confused, there is a huge difference in coverage between the two. 

The Jones Act protects the interests of the seamen who have suffered a personal injury on account of employer’s negligence. The Longshore and Harbor Workers’ Compensation Act, on the other hand, provides workers’ compensation to land-based maritime workers.

What is Jones Act coverage

As an injured employee, you have to choose the right course of remedy. The course of action you decide to pursue should depend on what you are trying to accomplish. Under no circumstances should you make important decisions or sign any paperwork without consulting an experienced and competent attorney specializing in similar cases. 

Here at Workers Compensation Attorney Group, we have successfully handled numerous cases much like your own. We can help you methodically prepare and file your legal claim against the employer under the Jones Act without any delays that could expose you to a higher risk of failure.

Consult an experienced longshore attorney today

San Diego Workers Compensation Attorney Group is here to lend you a helping hand. Contact us as soon as possible so we can get started. Our team will help you file your workers’ compensation claim by following all the legal steps and prepare for the process.

We have a long and successful track record in handling workers’ compensation claims and making sure our clients get the most favorable outcome. Reach out to us over the phone or at the office. We have a location in Chula Vista and two locations in San Diego. Schedule your initial consultation today.