San Diego Personal Injury Attorneys | Elia Law Firm, APC



Workplace Injuries Among the Most Common San Diego Small Business Lawsuits


There are a dozen very common small business lawsuits in which an employee files a legal claim against an employer. Among them is workplace injury.

According to the Bureau of Labor Statistics, more than 3.2 million work-related injuries and illnesses were reported in 2009. Employers purchase liability and worker’s compensation insurance to pay expenses of an employee injured on the job. Employers are usually sued if they challenge a worker’s compensation claim or if the employer’s negligence or intentional action led to the worker’s injury.

What to do After a Work Injury?

Time is of the essence if you suffer an injury on the job. You should seek medical attention immediately and begin preparing for a massive amount of expenses.

Some things to consider:

  • Medical expenses.
  • Time off from work for recovery.
  • Find out if you have to file a personal injury claim or a workers’ compensation claim.

Workers’ Comp

Most states require employers to provide workers’ compensation insurance for employees, and federal government employees are covered by federal workers’ compensation laws. Some workers, including independent contractors and outside salespeople, are not usually covered by workers’ compensation. The law requires the employer to pay for medical bills, rehabilitation, and a portion of the employee’s lost wages when a worker is hurt on the job. However, under workers’ compensation laws, the employee can’t sue the employer even if the company is at fault.

Personal Injury Lawsuits

You may be able to file a personal injury lawsuit as well as a workers compensation claim. Although you won’t be able to sue your employer, the law doesn’t stop you from suing the manufacturer of unsafe equipment or an employee of another company who caused an accident at your job site. Whether or not the lawsuit will be successful depends on the facts of the case.

Compensation for Your Injury at Work

Workers’ compensation benefits cover medical bills, rehabilitation, and part of your lost wages. Payments start promptly, within a few days of filing your claim in some states, but could take longer in others. There is no need to prove who caused the accident.

In a personal injury lawsuit, on the other hand, you must be able to prove the amount of your damages and that the damages were the result of the other party’s actions. If you reach a settlement or win at trial, you could recover money for medical expenses, lost wages, pain, suffering, emotional distress, and other damages.

How a Personal Injury Lawyer Can Help You

The law surrounding personal injury at work is complicated. Plus, the facts of each case are unique. That’s why it’s imperative that you contact a personal injury lawyer. If you live in the greater San Diego area – a San Diego personal injury attorney like Steven Elia can save you time and money in preparing and handling your workplace injury case. It pays to contact a lawyer!

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Protect yourself!

If you’ve been injured through no fault of your own, you may deserve compensation. Don’t go it alone. It’s very likely an attorney can get you more and get you fully compensated. 

Request a free phone consultation now. Find out what your case is really worth! We will also send you our “20 ways you can ruin your case” PDF to print out and help you even more!