What To Do After A Work Accident

What to Do After a Work Accident

Steps to Take Following an On-the-Job Injury

If you are injured in a work accident, it is important to understand your right to recovery and compensation. Many people think that they cannot report a work injury or receive compensation due to their position, wages, or benefits — but these aren’t determining factors in your case.

It is important is that you seek full recovery from your injuries. After an accident at work, you should seek medical attention as soon as possible and file a report with your employer within 30 days, though sooner is better.

After filing a report, you should know whether or not your employer subscribes to workers’ compensation insurance. Your employer’s coverage will determine how you should proceed with your case, and you can move forward with help from our firm.

Call The Sexton Law Firm at (619) 202-8976 today to schedule a consultation with our team.

Should You File a Workers’ Compensation or Personal Injury Claim?

The steps you need to take to bring your work injury claim depend on whether your employer is a subscriber or a nonsubscriber to workers’ compensation.

If your employer is a subscriber, then you only need to show that you did not intentionally cause your injuries and that you were not intoxicated in some way when the injuries occurred. In a subscriber case, you can immediately receive compensation for your medical expenses and lost wages after you miss one week of work, without an injury claim being filed.

If your employer is a nonsubscriber, then you will need to bring a personal injury claim against them. This means you will need to prove that your employer was somehow negligent in causing the accident that led to your injuries.

If you are able to show that your employer was negligent, then you can receive compensation for all of your present and future medical expenses, as well as lost wages and other damages, including pain and suffering damages.

At The Sexton Law Firm, we can help you determine if your employer is a subscriber or a nonsubscriber, and we then help you take the necessary steps to get the maximum compensation for your claim. With extensive knowledge of the California workers’ compensation system and personal injury law, our attorneys can guide you to the best possible outcome for your case.

How Our Lawyer Can Assist You After a Work Accident

Here’s how we can assist you:

  • Comprehensive Case Evaluation: We begin by thoroughly evaluating your case to understand the details of your accident, the extent of your injuries, and your financial needs. This allows us to provide tailored advice on the best course of action to pursue your claim.
  • Assistance With Filing Claims: Filing a workers’ compensation claim involves detailed paperwork and strict deadlines. We will handle all factors of the claim process, ensuring that everything is submitted correctly and on time. We will also communicate with your employer’s insurance company on your behalf, so you can concentrate on your recovery.
  • Medical Care Coordination: Ensuring that you receive the appropriate medical care is crucial. We can help coordinate with medical providers to ensure your treatment is covered by workers’ compensation and that all necessary documentation is in order. If your claim is denied, we’ll work to appeal the decision and secure the care you need.
  • Negotiating Settlements: In some cases, the insurance company could offer a settlement that doesn’t fully cover your medical expenses or lost wages. If necessary, we are prepared to take your case to court to secure the compensation you deserve.
  • Appealing Denied Claims: If your workers’ compensation claim is rejected, you still have options. We will review the denial, identify the reasons, and file an appeal on your behalf. Our goal is to ensure that you receive the benefits you are entitled to under the law.
  • Exploring Additional Legal Options: In some situations, you may have the right to pursue additional legal claims, such as a personal injury lawsuit against a third party responsible for your accident. We’ll assess your case to determine if other legal avenues are available and guide you through the process.

Schedule A Free Consultation Today

Get back to the job that provides for your family. If you are the victim of an injury at work, you can schedule a free initial consultation today to discuss your right to recovery.

Contact our offices in Chula Vista and Oceanside to speak with a lawyer today by calling (619) 202-8976 or sending us a message. Se habla español.

Why Hire The Sexton Law Firm?

Get the Representation You Deserve
  • We Listen to Your Story and Create a Strategy to Achieve Your Goals
  • With offices in Chula Vista, Oceanside, and La Mesa, we serve clients throughout all of Southern California
  • We Offer Free Consultations - Regardless of the Legal Matter
  • We Offer Phone and Video Consultations For Your Safety and Convenience
  • We Are Bilingual and Serve Our Clients in English and Spanish
  • We Are a Family Owned and Operated Law Firm

Attorneys Dedicated to Protecting Your Legal Rights

Contact Us Today

We’re Ready to Help

A member of our team will be in touch shortly to confirm your contact details or address questions you may have.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy

Hear From Our Happy Clients

At The Sexton Law Firm, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    “He allowed me to vent, responded accordingly, and return my text message as if we were friends.”
    Through this very difficult period in my life, I reached out to the Legal Aid Society and they assigned a Lawyer to assist me in filing for bankruptcy protection. Andrew Sexton took the time to speak with me on the phone, he walked me through the process with detailed emails explaining what I needed to do in order to make the process go smoothly. He allowed me to vent, responded accordingly, and return my text message as if we were friends. Everything was conducted electronically, and on the phone, we never met in person…. Amazing. I highly recommend this firm with handling your financial issues regarding Bankruptcy. Thanks, Mr. Sexton for your professionalism and your due diligence in regard to my case
    - Brian Powell
    “From the very beginning, they were professional and very efficient in dealing with my case.”
    I was in a car accident back in July and got rear-ended because some guy was rushing on his way to work, you would think the guy would want to save more time by not filling out a police report and dealing with lawyer stuff but I guess not. I went on Google and found the Sexton Law Firm. From the very beginning, they were professional and very efficient in dealing with my case. I had the pleasure of meeting the head honcho, James Sexton. He was very personable and reassuring in taking care of my case. My case was dealt within one year, he even helped me get the medical assistance I needed. The entire time the law firm sent out ongoing emails giving me updates and letting me know how long I would have to wait for a response from the other party.
    Everything worked out perfectly, In the event that I am ever in another accident, I would definitely hire this firm again to handle it. Do I recommend them? Yes I do!
    - Jen Miller
    “They gave me outstanding service!”
    Andrew and his staff at James Sexton law firm are very courteous and professional when handling my bankruptcy. I was a little nervous going into this but came out feeling unstressed. I was given a list of paperwork to submit and after doing so they responded quickly and efficiently to handle the situation. My bankruptcy was finalized within 3 months. They gave me outstanding Service! Andrew Sexton follows in his father's footsteps as a professional and competent attorney. Thank you, If I could I would give 6 stars for service!
    - Michael Harkiewicz
    “I would highly recommend this law firm for anyone needing help!”
    The Sexton Law Firm was very helpful during the entire process. Andrew was very helpful and knowledgeable. However, Asia was the most helpful. She answered all my questions and relieved my worries about the progress of my case. I would highly recommend this law firm for anyone needing help with bankruptcies.
    - Ginger Russ
    “His council was well received, and it was honest.”
    I was referred to Mr. Andrew Sexton at a time of great need, confusion, and embarrassment. His council was well received, and it was honest, offered clarity, and calmed four shoulders worth of concerns. I would recommend that your consideration for representation would be met with the same regard. Very grateful for his time, knowledge, and resources.
    - Chris Myers
    “A very personable and professional team.”
    Mr. James Sexton has a very personable and professional team. His case manager Juliana Alvarez and office manager Tania Contreras, are great!! I do not have enough adjectives to describe them. And as for Mr. Sexton, he listens to every word and is forward reaching in his direction with my case. Thank you all and big hugs at these holiday moments and be safe with this pandemic.
    - David Phelps
    “We got called in and were out in minutes! Sexton made the process so easy and stress-free!”
    I am very grateful for the Sexton Law Firm! Patient, professional, and quick! I needed to file bankruptcy and they reassured me countless times of the process, how easy it will be, everything will be okay, and that I am not a bad person for filing! When arriving at the courthouse, he explained what will happen and what to say. We got called in and were out in minutes! Sexton made the process so easy and stress-free!
    - Erika Peterson
    “Top level lawyers who know how to win a case for their clients!”

    The Sexton law firm represented me in a facility injury case. Their professionalism and handling of my case was A+. The case was rapidly handled and settled in record time. The staff and the lawyers at this firm always kept me abreast of my case and gave me many options to resolve my case. My case was resolved in record time. I am extremely happy with my settlement and I am glad that I chose this great law firm to represent me. This law firm are top level lawyers who know how to win a case for their clients. I highly recommend this law firm to anyone who needs a lawyer. This law firm gets Five Stars because they earned it in my case settlement result. This review is real and from the bottom of my heart I sincerely thank the Sexton Law Firm and it’s staff and I am very grateful and thank them again for their services in my case.

    - Ronnie Brooks