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San Jose workplace accident attorneyWhen you have been injured at work, your thoughts may initially turn to filing for workers’ compensation benefits to cover the costs and damages associated with your injuries. Such a reaction is reasonable, as workers’ compensation is intended to offer coverage for a large majority of workplace accidents and injuries. There are, however, many situations in which workers’ compensation is either insufficient or inappropriate, and a separate lawsuit may be necessary.

Personal Injury and Third-Party Lawsuits

The best and most appropriate route for obtaining the compensation you deserve following a workplace injury depends on a number of factors. First, the cause of your injury is important. If you were injured in an accident that nobody else caused while in the normal scope of your job, a personal injury lawsuit will probably not be necessary.

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San Jose workplace injury attorney, workplace injuries, workplace safetyFood service orientated positions can historically be described as jobs with grueling schedules, low wages, and overall stress producers. As of July 1, 2017, the minimum wage for service oriented jobs will increase from $10.50 to $12.00 per hour. Yet while this wage increase may be a welcome advancement, the one factor that change will elude is the dangerous threat of on-the-job or workplace injuries.

Brian Garry, senior director of foodservice for the Cintas Corporation, recently stated that many operators simply do not anticipate an accident or personal injury and are often left unprepared.

In an effort to better educate owners, managers, and employees, Cintas recently identified the top four personal injuries often suffered by restaurant workers.

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electrocution injuries, San Jose, CA workplace injury attorneyElectricians and construction site workers are exposed to potential electrical injuries daily. According to the U.S. Bureau of Labor Statistics, 1,738 occupational fatalities were caused by contact with an electric current between 2003-2010. In fact, the construction industry had the highest number of electrical fatalities—849.

To avoid workplace accidents, the safety of these individuals rests on the shoulders of both electricians and contractors. When safety guidelines are not followed properly, all workers are put at risk for exposure to potential electrical injuries.

Injuries Caused by a Contact with an Electric Current

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San Jose workplace accident lawyerAfter sustaining an injury while at work, it often becomes difficult, if not impossible, to continue employment. Without working, there is no paycheck and without that income, daily bills start to accrue. Let us not forget that in addition to those monthly dues there now is the added necessity for visits for medical professionals. Many often stress about making ends meet after an injury. Following a workplace injury at the fault of someone else, the negligent party should be held responsible.  

Understand the Difference

Understanding the various options for claims is the best way to begin the recovery process. There are two potential routes to pursue. The best solution for you is dependent on the circumstances of the incident. The two options available are:

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work-related car accidents, San Jose personal injury attorneyWhen are injured in a work-related accident, many people assume that a workers’ compensation claim is their only way to get compensated for their injuries. However, California law allows you to pursue a claim against someone other than your employer if the other party's negligence caused or contributed to your injuries.

Role of Workers’ Compensation and Personal Injury Claims

The workers’ compensation system was designed to help make sure workers were compensated for injuries sustained in the course of their employment and to protect employers from litigation. Under the workers’ compensation system you cannot usually sue your employer. The type of compensation you are able to collect is also limited.

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While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with the attorney, please call at 408-293-7777 or complete the intake form below.

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John J. Garvey, III
10 Almaden Blvd, #1200
San Jose, CA 95113
Phone
408-293-7777
Fax
408-294-5890

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