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SATISFIED CLIENTS
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SUCCESSFUL LAWSUITS
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California Work-Related Accident Lawyers
As one of the most populous states in the U.S. with over 39 million residents living across a land area of more than 160,000 square miles, California is a booming economic hub with over 19 million workers in a variety of occupations across different sectors. This comes with the vulnerability of experiencing a work-related accident that can cause serious and catastrophic injuries. If you’re involved in a workplace accident, it can result in long-term injuries alongside physical, emotional, and financial burdens as you face inevitable medical expenses. At Gosuits, our mission is to assist people like you in obtaining compensation for injuries due to workplace incidents. Our team of work-related accident lawyers can help you explore your legal options following your accident.
Work Accident Statistics In California
Every worker in every industry is at risk of falling victim to work-related accidents that can cause them to get injured. In California, the Bureau of Labor Statistics reported that there have been a total of 504 fatalities resulting from work accidents. This was the highest number reported in 10 years. Transportation accidents were the most frequent fatal event, accounting for 38% of the injuries. Falls, slips, and trips were the second most frequent at 16% of the national incidence rate.
Of the 504 fatalities in California, 86% were salaried workers while the remaining individuals were self-employed. Transportation and exposure to harmful substances caused the most fatalities, likely due to the industries these employees were working in. On the other hand, injuries by other persons and animals, followed by transportation accidents accounted for the most number of fatalities for self-employed individuals.
Are Some Industries More Dangerous Than Others?
No worker is immune to any form of injury at any time of the day. For this reason, the Occupational Safety and Health Administration has established safety standards that all workers and employers must follow to minimize these risks.
Regardless of how careful a worker is, they can still fall victim to work-related accidents, with some industries more dangerous than others. In order of highest fatality to lowest, the following are the top 10 most dangerous industries with the highest fatality rates according to the California Department of Industry Relations:
- Agriculture
- Transportation and utilities
- Construction
- Professional and business services
- Public administration
- Other services
- Wholesale and retail trade
- Leisure and hospitality
- Manufacturing
- Education and Health Services
What Is Workers’ Compensation Insurance?
Workers’ compensation insurance provides benefits to employees who sustain work-related injuries or illnesses. Employers purchase this insurance to safeguard not only their employees but also themselves to prevent liability cases in the future.
In California, employers are mandated to provide their employees with workers’ compensation insurance. They are legally required to have this premium so that if their employees do end up suffering a work-related injury, the insurance will end up covering it. Moreover, this is also a form of protection for the companies because employees cannot sue the company for work-related injuries if they have workers’ compensation.
Workers’ compensation operates as a no-fault system where injured employees can seek compensation without needing to prove their employer’s fault. However, in return for these no-fault benefits, employers are often shielded from liability; employees are prevented from suing their employers for compensation.
Workers’ compensation benefits typically include:
- Loss of income. An employee who has become indisposed due to their injury can recover a percentage of their income loss if the injury was caused by a workplace accident.
- Medical Benefits. If the workplace accident caused injuries that necessitated medical attention like doctor visits, hospital admission, diagnostic examinations, and other expenses, then workers’ compensation insurance will cover those expenditures. This is to reduce the financial burden of the injured employee and to ensure that they recover so that they may go back to work.
- Disability benefits. Workers’ compensation also provides disability benefits for employees who suffer temporary or permanent disabilities as a result of a workplace injury or illness.
While this system provides valuable workers’ compensation for some of their losses, it has a drawback: workers who file claims under workers’ compensation are unable to receive their full compensation award, including damages for pain and suffering. This means that victims can only receive special compensatory damages, but not general compensatory damages that compensate for emotional distress, trauma, and depression that may result from the accident.
Can I File A Lawsuit For My Work-Related Injuries In California?
As mentioned, you cannot directly file a suit against your employer in California due to the required workers’ compensation insurance. However, if you seek to maximize your compensation to recover both economic and non-economic damages, you can file a third-party claim against another party that may have caused you to get injured. For example, if the accident is caused by hazards in the workplace, then you may be able to file a premises liability claim against the property owner. Additionally, if the accident is caused by defective equipment, then you can file a product liability suit against the manufacturer.
If you end up winning your suit, you can be entitled to get compensated for the full extent of your injuries, including pain and suffering, which is typically not covered in workers’ compensation.
To help you determine whether or not you can file this claim, we recommend that you seek the help of a work-related accident attorney. Our Gosuits attorneys are knowledgeable about the nuances of these incidents and the state and federal laws involved to help injured parties receive compensation for their sustained injuries.
What Are The Common Causes Of Work Injuries?
All employees are entitled to work in a safe working environment. Employers have a duty of care to make sure that their employees are not exposed to hazards that can cause them harm. Furthermore, they have the responsibility to supervise their employees to enforce safety regulations and avoid accidents due to negligence.
The following are some examples of incidents that can lead to work injuries.
- Slips, trips, and falls
- Transportation accidents
- Equipment and machinery malfunction
- Explosions
- Fires
- Electrocutions
- Structural collapse
- Getting hit by objects i.e. falling debris, heavy materials, etc.
- Employee inattention
Most of these accidents can be avoidable if workers and employees exercise due diligence to ensure that safety standards are being followed. However, if workplace accidents happen, they can cause extremely serious injuries that can debilitate and even fatally injure employees.
What Are Common Work-Related Injuries?
Our California-based work injury attorneys have supported numerous workers who have endured various types of injuries. We have helped people deal with their insurance providers and, when needed, their employers to help them recover damages, which include medical costs and loss of income.
Some of the most frequently encountered serious workplace injuries include:
- Head and traumatic brain injuries
- Burns
- Electrocution
- Spinal cord injuries
- Loss of limb/amputation
- Crush injuries
- Back and neck injuries
- Soft tissue injuries
- Repetitive stress injuries
- Bone fractures
- Internal injuries
What Is The Statute Of Limitations For Work Accident Claims?
Certain deadlines must be met for you to receive compensation from your insurance and a suit. You should report your injury to your employer within 30 days of its occurrence through a written notice. Failure to do so will likely disqualify you from pursuing workers’ compensation benefits. After informing your employer, you have one year to file your workers’ compensation claim to your insurance provider. Finally, if you brought up a third-party claim against your employer for your work accident, then California prescribes a two-year statute of limitation from the date of the injury.
PERSONAL INJURY LAWSUIT
STEPS AND PROCESS
1
Collect All Available Evidence
Every case rests on the backs of investigators who dig deep. We’ll investigate your accident and find evidence like police reports, hospital records, and witness statements. Our injury attorneys go deep into each potential avenue of inquiry, leaving no stone unturned in their exhaustive search for justice.
2
Write a Letter of Demand
A demand letter will be addressed to the offender and their insurance provider or legal counsel. The full financial burden is considered, including future medical expenditures, wage losses, and other expenses.
3
Negotiation
By bringing a lawsuit on your behalf, we acquire bargaining power when an insurance company refuses to give fair compensation. In addition, by filing a case, we can obtain information on the defendants we would not have had access to before.
4
Begin Filing a Lawsuit for Injury
By bringing a lawsuit on your behalf, we acquire bargaining power when an insurance company refuses to give fair compensation. In addition, by filing a case, we can obtain information on the defendants we would not have had access to before.
5
Discovery
Now that we have filed suit, we have the right to obtain information from the defendants that they were previously unwilling to release. By serving them with Requests for Admissions, Interrogatories, and Document Production, we can investigate the validity of their allegations.
6
Mediation
Once both parties have reviewed the facts of the case, a mediation session may be planned to see whether or not an amicable resolution may be reached. The defense will hear our position from a non-biased individual (Mediator), and we may continue bargaining with the insurance company over a reasonable payment.
7
Civil Trial for Injury
We will go to trial if a reasonable settlement cannot be reached. We’ll argue your case in court, using the information found through discovery and any necessary expert testimony. Many of us would rather have a jury decide our cases than a judge, as juries tend to be more compassionate in times of tragedy.
8
Settlement
A settlement has been reached if an agreement can be made before trial. In return for release of all personal injury claims, you should get a settlement that accounts for all your losses up to and including the date of your injury, fees, taxable cost, medical expenditures, lost wages, pain and suffering, etc.
9
Appeal
Suppose the jury decides against you. We will then file an appeal if we believe the defense or the court made a legal mistake. Additional data and legal arguments on our part will likely be required to convince the court of our position. The court, if we prevail, may decide to overturn its earlier ruling or even retry the case.
RESPONSE TO SOME GENERAL QUESTIONS
Who will pay for my medical bills after an accident?
Who is Responsible for the Cost of Property Damage After a Car Accident?
Are There Any Hidden Attorney Fees That I Need To Be Aware of?
What does “No Recovery, No Fee” mean?
Who will pay for my medical bills after an accident?
Who Will Pay for My Car Accident Medical Bills
Determining who will be responsible for your car accident medical bills depends on several factors: the cause of the accident, your level of fault, and the insurance coverage held by the other driver. In such circumstances, seeking guidance and support from a personal injury lawyer, Dallas can prove invaluable.
Following a car accident and sustaining injuries, it is natural to wonder who will bear the burden of your medical expenses and treatment costs. While a car accident injury settlement or a trial verdict can provide financial relief, they may not offer immediate assistance in covering your medical treatment. The answer, in essence, relies on the accident’s nature, the relevant state laws, and the specific insurance policies involved.
General Rule – Ongoing Payment Responsibility Rests with the Injured Party
It is crucial to understand that, in most cases, if you are involved in an accident, you are responsible for paying your medical bills as they are incurred. The only exception occurs in “no fault” states, which will be discussed below. Even if the at-fault party is clearly responsible for your injuries, the law does not mandate them to cover your bills on an ongoing basis.
The law only requires them to provide damages to resolve your lawsuit, and in many instances, your medical claim is included in those damages. However, the defendant is not obligated to pay your medical invoice as they arise.
Car Accidents – “No Fault” States
In motor vehicle accident cases, the coverage of hospital bills depends on whether the accident occurred in a “no fault” state. In “no fault” insurance states, your automobile insurer will cover some or all of your hospital bills resulting from a car accident, regardless of fault. However, there is typically a limit to what your own automobile insurance company will pay, varying from state to state but generally around $10,000 or less.
Once your medical expenses exceed the state’s “no fault” limit, you become responsible for paying them. If you have health insurance, your provider will cover your bills. In the case of Medicare or a state-run health insurance program through Medicaid, these entities will handle the bills. If you lack health insurance, Medicare, or Medicaid, you will need to arrange payment agreements directly with your healthcare providers.
Motor Vehicle Accidents – Non-“No Fault” States (Dallas, TX)
If you are involved in a serious accident in a state without “no fault” insurance, you will generally be responsible for paying your expenses until you claim compensation from the at-fault party. However, some drivers in these states have medical payment or Personal Injury Protection (PIP) insurance coverage, commonly known as “med pay” and “PIP” coverage.
This coverage will pay for the fair compensation of drivers or passengers involved in a car accident with the insured party, up to the “med pay” policy limits, which are typically less than $10,000. Once your bills exceed these policy limits, you will be responsible for payment.
Medpay and PIP funds can be utilized initially to cover health insurance deductibles, co-pays, and lost wages until you recover from the at-fault party. If you lack such coverage, in most cases, you will need to find healthcare providers willing to treat you upfront and defer their bills until you receive compensation from the insurance company.
Premises Liability: Slip or Trip and Fall Accidents
In premises liability or slip and fall cases, the responsibility for payment of medical bills typically falls on the injured person, unless the premises owner’s property insurance policy includes “med pay” coverage.
Dallas personal injury attorneys with experience in handling personal injury claims related to premises liability understand that “med pay” coverage can be beneficial. If the premises owner has this type of insurance coverage, the injured person’s medical bills will be paid by the insurance carriers, up to the limits specified in the “med pay” policy. However, once the “med pay” limits are exhausted, the injured person becomes responsible for paying the remaining bills.
Boating Accidents
Boating insurance policies seldom include “med pay” coverage. Consequently, personal injury victims involved in boating accidents will likely be responsible for covering their own expenses. It is crucial for individuals who suffer injuries caused by boating accidents to consult the right lawyer in Dallas to understand their legal options and seek rightful compensation for their injuries.
Work-Related Accidents
In the unfortunate event of a work-related accident due to gross negligence, personal injury victims may find relief if their company carries workers’ compensation insurance. In such personal injury cases, the workers’ compensation insurer will cover all the medical bills incurred by the injured party. It is important to note that these victims involved in work-related accidents are not required to contribute any money towards their expenses, including bills or deductibles.
Moreover, our Fort Worth, Dallas personal injury lawyers who handle personal injury cases are well-versed in the laws pertaining to workers’ compensation and can ensure that victims receive proper reimbursement for transportation expenses related to medical appointments. However, if a company does not have workers’ compensation insurance, pursuing damages under Texas non-subscriber laws becomes necessary.
Reimbursement for Medical Bills Paid by Insurers
If health insurers, Medicare, or the state agency administering Medicaid benefits have paid for your medical bills in relation to the accident, they are entitled to reimbursement for the amount they disbursed to your healthcare providers. Skilled Dallas personal injury attorneys can help navigate the complexities of dealing with insurers and ensure fair reimbursement processes.
Worst-Case Scenario
In the worst-case scenario where an accident occurs, insurance coverage is unavailable, and it is determined that there is no personal injury case due to factors such as personal fault or insufficient evidence, the injured party becomes solely responsible for all medical expenses. These victims facing this situation have limited options and should seek legal counsel to explore any possible alternatives.
Who is Responsible for the Cost of Property Damage After a Car Accident?
Who is Responsible for the Cost of Property Damage After a Car Accident in Dallas?
In Dallas, Texas, the responsibility for covering the cost of property damage resulting from a car accident lies within specific legal parameters. As a car owner, you have the right to choose the body shop for repairing your vehicle. However, determining who will foot the bill for your property damage depends on the urgency of your vehicle’s repair and whether the at-fault party has accepted liability.
In Dallas, as in most places, the responsibility for the cost of property damage after a car accident typically falls on the at-fault driver’s insurance company. Texas follows a fault-based system, meaning that the driver who caused the accident is generally responsible for covering the damages.
If you were not at fault in the accident, you can file a claim with the at-fault driver’s insurance company to seek compensation for your property damage. Their insurance should cover the cost of repairing or replacing your damaged property, such as your vehicle or any other damaged property involved in the accident.
It’s important to gather evidence and documentation of the accident, including photographs, police reports, witness statements, and any other relevant information that can support your claim. You should notify your insurance company about the accident as well, even if you are not at fault, to ensure they are aware of the situation.
If the at-fault driver does not have insurance or is underinsured, you may need to rely on your own insurance coverage, such as uninsured/underinsured motorist coverage, to help cover the property damage costs.
Are There Any Hidden Attorney Fees That I Need To Be Aware of?
Are There Any Hidden Attorney Fees That I Need To Be Aware of?
When you engage the services of our Dallas personal injury law firm, we ensure complete transparency regarding our fee structure. There are no hidden charges or surprise fees that catch you off guard. We take the time to explain the details of our contingency fee agreement, outlining all the fees and expenses involved.
In fact, paragraphs 1 and 2 of our agreement provide a comprehensive breakdown, and we require your initials next to each item to confirm your understanding. Our aim is to establish trust with our clients, providing them with peace of mind and alleviating any concerns. Our goal is not to profit at your expense but rather to obtain the best possible results for your injuries and damages.
Are My Medical Bills And Attorney Fees Combined?
It’s important to note that your medical bills and attorney fees are separate entities. While our law firm fees are based on the “No Fee, No Recovery” concept, your medical bills remain your responsibility. For instance, if you received a bill from the emergency room following your accident, it is your obligation to settle that bill as it does not fall within our purview to waive it.
However, when you enter into a contract with an experienced personal injury lawyer in Dallas, such as ourselves, you grant us permission to reimburse the medical providers from the eventual settlement or judgment you receive. This arrangement ensures that your expenses are appropriately handled while allowing us to pursue the compensation you rightfully deserve for your harm or serious injury.
Who Covers the Expenses of Managing My Case?
The good news is that, as experienced personal injury attorneys in Dallas, TX, we have provisions in our contingency contract that allow us to bear the expenses associated with your case. Our law firm agreement enables us to cover the necessary costs throughout the process, and once we secure a settlement on your behalf, we will deduct those expenses from the settlement amount.
It’s important to understand the typical expenses involved in a personal injury case, as they can be significant. For instance, the police department charges a fee for providing copies of the police report, collision videos, and the police call log. Medical providers charge per page to produce your medical records. Filing a lawsuit incurs fees imposed by the court.
What sets our law firm apart is our commitment to leveraging digital resources to streamline these requests and save you money at every turn. For example, our Dallas personal injury attorney makes digital requests for your medical records and bills, opting for a flat fee instead of a per-page charge.
Our communication is predominantly conducted through email and client portals, providing you with convenient and cost-effective access to our Dallas personal injury lawyers. This approach allows us to operate as a faster and more affordable law firm, dedicated to serving your needs.
What does “No Recovery, No Fee” mean?
What does “No Recovery, No Fee” mean?
“No Recovery, No Fee” or “No Attorney Fee if No Recovery” means that you will not be responsible for your attorney fees if we lose your case, or do not settle your case with the responsible party or their insurance company. We will charge you a percentage of the settlement instead of the typical retainer and hourly fees that attorneys charge.
Therefore, if we lose your case any percentage X $0.00 = $0.00 and you owe us nothing for attorney fees. This agreement allows you as a victim of a car accident to receive the proper medical attention that you need without worrying about the outrageous legal fees piling up. Also, this will give you the opportunity to handle your property damage much faster and get back to your daily lives.
In the other Sections, we explain that although there are no attorney fees if there is no recovery, your medical bills and expenses are still due and the medical providers will want payment irrelevant of the results. In addition, we explain in some rarer circumstances that if we lose you may be responsible for attorney fees and taxable court costs of the defendant if the judge exercises discretion and grants them.
What Happens If Your Employer Is Uninsured And You Sustain A Work Injury?
Not having workers’ compensation coverage constitutes a criminal offense, classified as a misdemeanor. The penalties for this offense include a fine that can amount to as much as $10,000, imprisonment in the county jail for up to one year, or both. Moreover, the state imposes additional penalties of up to $100,000 on employers who operate without proper insurance coverage. These measures are intended to ensure compliance with the law and protect workers’ rights in case of injury or illness on the job.
Should I Hire An Attorney After A Work Accident In California?
You are not required to hire a work-related accident attorney after getting injured, however, we recommend that you do so. While it is at your discretion, there are challenges that you have to navigate against insurance companies and your employer. Therefore, having a legal professional can help you receive compensation for the injuries you’ve sustained while working.
Can I Work While Recovering?
Shortly after your injury, the attending physician will assess your condition and provide a report to the claims administrator. If the physician determines that you can work, they will specify:
- Clear and specific limits, if any, on your job tasks while recovering. These are called work restrictions that intend to protect you from further injury.
- Changes needed, if any, in your schedule, assignments, equipment, or other working conditions while recovering.
Further, if the treating physician determines that you are unable to work at all during your recovery, you cannot be compelled to perform any job duties.
Can I Get A Free Consultation With A Work-Accident Lawyer In California?
Most personal injury attorneys in California operate on a contingency basis, which means that you do not have to pay upfront fees for a consultation. At Gosuits, we have a “No Recovery, No Fee” policy, which means we will only recover if we are successful in receiving compensation for your sustained injuries. However, you may still be required to cover medical expenses, rehabilitation costs, lost wages, property damage, and any other related out-of-pocket expenses. You may schedule a free consultation today for more information.
Meet the GoSuits Team
It's time we do things the SMART way rather than the hard way
“Hire the Smart Suits for Your Lawsuits”
SEAN CHALAKI
- Texas Super Lawyers: Rising Star 2016
- Law Firm of the Month by Attorney at Law Magazine 2016
- Top 40 under 40 Trial Attorney by The National Trial Lawyers (2015, 2016)
- Board Member Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Rollerson vs. Walbon & Company Inc., D&D Trailer Company (2017)
YASAMIN MOUSSAVI
- Principal / Texas and New York Litigation Attorney
- Licensed Attorney with State Bar of Texas
- Licensed Attorney with State Bar of New York
- Licensed Attorney in Federal and District Court
- South Australian Bar Association
SHAWN HASHEMI
- Principal / Litigation Attorney
- State Bar of Texas
U.S. Federal District Court for Northern District of Texas - U.S. Federal District Court for Eastern District of Texas
- U.S. Federal District Court for Southern District of Texas
- U.S. Federal District Court for Western District of Texas
ABBAS HARATI
- Admitted to the State Bar of California
- Certified Mediator in the State of Texas
- Member of the Orange County Trial Lawyers Association
- Member of the Consumer Attorneys Association of Los Angeles
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