Los Angeles, CA Workplace Accident Attorney
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Workplace accidents can entail severe injuries, extensive recovery time, and lost wages for time missed from work during recovery. When employees suffer injuries on the job, they need legal counsel to determine their best options for recovering from their losses. For example, when a third party is involved in a workplace accident, there may be further options for pursuing compensation for your losses. If you were injured in a workplace accident, contact a Los Angeles, CA workplace accident attorney Rafii & Associates, P.C. to discuss all your options for compensation. You may not only be eligible for workers’ compensation but also to file a third-party claim.
Why Choose Rafii & Associates, P.C.
When you suffer an injury at work, you will more than likely need to file a claim for workers’ compensation. This process can be complicated and time-consuming, and having a lawyer on your side will help move things along more smoothly. A workplace injury may constitute grounds for legal action against a negligent employer or third party. In these situations, an injured employee needs an attorney who has experience with both employment law and personal injury law. While you may think you can handle your own legal representation to save money on legal fees, a Los Angeles, CA workplace accident attorney can handle your legal concerns, so you can focus on healing and getting back to work.
The personal injury attorneys at Rafii & Associates, P.C. have more than 75 years of combined experience handling employment law cases and personal injury claims in California. We believe that the key to successful legal representation is open communication with our clients, which is how we have helped past clients secure more than $100 million in compensation for their damages in civil cases. Our Los Angeles, CA workplace accident attorneys focus on employment law and personal injury law, so we have the skills, resources, and experience to help with even the most complex workplace injury claims.
Workers’ Compensation vs. Third-Party Liability
Almost every workplace injury in California will lead to a workers’ compensation claim, as the state requires every employer, even one with a single employee, to carry workers’ compensation insurance. Workers’ compensation benefits can cover an injured employee’s immediate medical expenses after a workplace injury and may cover lost wages to a degree while the employee recovers. However, it is unlikely that workers’ compensation alone will be enough to cover an employee’s damages after a serious accident.
In these situations, the injured employee must determine if any other parties bear responsibility for the accident. When a third party contributes to a workplace injury, the injured employee can pursue a claim against him or her as well. For example, a construction worker is helping to guide traffic around a work zone on the highway when a distracted driver who is texting while driving hits the worker and causes severe injuries. In this situation, the injured construction worker can claim workers’ compensation because the injury occurred on the job; he would also be able to file a personal injury lawsuit against the distracted driver for additional compensation.
Proving Negligence in Third-Party Claims
If a plaintiff wants to succeed with a third-party claim for a workplace injury, he or she must prove that the third party was negligent and that negligence directly led to the plaintiff’s damages. A plaintiff must prove four basic elements of negligence to succeed with a third-party claim:
- Duty. The plaintiff must show how the defendant owed a duty to act with reasonable care in the given situation.
- Breach. The plaintiff must then show how the defendant failed in this duty of care.
- Damage. The plaintiff can only take legal action if he or she suffered a tangible or measurable loss. If a defendant was negligent but the plaintiff suffered no actual harm, there is no claim.
- Causation. The plaintiff must also prove that his or her claimed damages were the direct results of the defendant’s negligence.
Contact a Los Angeles, CA Workplace Accident Attorney
Finding the right attorney to handle your third-party workplace accident claim in California can be challenging. At Rafii & Associates, P.C., our Los Angeles, CA workplace accident attorneys believe our strong track record of successful personal injury claims and employment law claims speaks for itself, so contact our office today to schedule a consultation about your workplace injury claim. Once we review the details of your claim we can tell you your chances of winning your case and how our firm can help.