Oceanside, San Diego is a great place to live and a great place to work. However, like life, work in unpredictable and accidents can happen. Fortunately, like all cities in San Diego, California, the state laws are there to protect the livelihood of its citizens. Employers are required to have Workers' compensation insurance, and private laws are in place to protect the good citizens of Oceanside, San Diego. If you hav been injured in an accident in Oceanside, San Diego, you have rights and may be entitled to substantial compensation for your injuries, your loss of income and wages and emotional distress. The lawyers at The Drelich Law Firm are available to help you understand your rights, your losses and potential compensation.
Workers' compensation in Oceanside, San Diego (also known as workman’s comp, workman’s compensation, and workers’ comp.) is a type of insurance that provides wage replacement and even medical benefits to employees in Oceanside, San Diego that are injured in the course of employment. To get workers' comp benefits an employee must relinquish the right to sue his or her employer for the tort of negligence. This “compensation bargain" is a trade-off between assured, limited coverage and lack of recourse outside the worker compensation system. “compensation bargain" protects employers from becoming insolvent as due to high damage awards, while also protecting the collective liability and to ensure security of compensation to the workers.
Plans differ among jurisdictions, in Oceanside, San Diego provisions can be made for weekly payments o replace lost wages. These provisions offer a form of disability insurance for the employee that was injured and has suffered an economic loss in the past and the future. Also, reimbursements or payments for medical expenses function like a type of health insurance for the injured worker. Most benefits are payable to the dependents of workers if the injury has caused a loss of life for the worker during employment.
Not included in workers' compensation plans are damages for pain and suffering, and punitive damages for employer negligence, and negligence is generally not an issue in the case.
Some injuries that occur at work for Oceanside, San Diego employees may not be covered by workers compensation. Examples of work injuries that might not be covered by an employer in Oceanside, San Diego are:
California business are required to purchase workers’ compensation insurance to order to cover employee workers compensation benefits. Employees never required to pay for workers’ comp benefits in Oceanside, San Diego and the cost of workers’ comp coverage can vary greatly depending many factors, such has accident history, dangers of the employment and location
First, an employee should report the injury to the manager or supervisor immediately. After the injury is reported, it the injury should be documented to include the date, time, specifics and any details of the injury. In California, it is always best to report the injury as soon as possible.
In some cases, Job-related sickness or injury can worsen over may occur. These type of injuries should be reported and documented as soon as any diagnosis has been obtained or as soon as the employee learns that the injury or illness is related to the workplace.
It is highly recommended to file a workers’ compensation claim as soon as possible. Some examples of when to file a workplace injury are:
As an Oceanside, San Diego employer, first make sure an employee gets the medical treatment. Call 911 if the injury required urgent medical attention. If needed take the employee to the emergency room nearest Oceanside, San Diego. If recovery takes time, approval for time off work is recommended.
To file a claim, an employer will need some information
After the information is known, file the claim with your insurance company ASAP.
If you are in a car accident Oceanside, San Diego, you may be have a claim for compensation. To be eligible to collect damages, an auto accident must meet two criteria:
The Drelich Law Firm has attorney that can determine if your accident is eligible to collect damages and if you have a case that will have compensation. Our lawyers understand what constitutes negligence and injuries are “severe” and can be considered for maximum compensation. If we think your accident meets these criteria, we will can help you immediately begin preparing a case to fight for maximum compensation under California state law.
After the insurance company is notified of a motor vehicle accident claim, the representatives from either insurance company will usually contact you. Usually it is best to not spaeak with the insurance company and let a representative from the Drelich Law Firm represent you and speak on your behalf. Sometimes, comments made may be used to confuse the fault of the accident or to suggest that injuries are not severe. They may also try to pressure you into quickly signing a settlement worth far less than you actually need.
An experienced California motor vehicle accident attorney from Drelich Law Firm will understand the costs of any present and future medical, potential lost wages, and miscellaneous expenses that may result from a motor vehicle injury. The Drelich Law Firm will work to get you the compensation that is required to meet the current and future costs of a auto accident. The Drelich Law understands how to negotiate with insurance companies. If an insurance company contacts you, we recommend that you refer them to your representative at the Drelich Law Firm.
If you had a car accident, call us. We are happy to answer any questions you may have. The initial consultation is free.
Injuries are always the most important matter when thinking about a motor vehicle accident. Damages to a vehicle are important, but a car can be easly fixed and has a determined value. Human injuries are much more important to care for and have can have much higher costs to cure. The Drelich Law Firm has auto accident attorneys and we know that the most common injuries our clients suffer in highway accidents are:
Uber and Lyft have replaced the “Taxi” cab and are now an integrated part of our society. Areas like Oceanside, San Diego that did not have local transportation are now serviced by ride sharing companies like Uber and Lyft. Late night ride sharing, early morning ride sharing, this new technology has made transportation convenient and accessible even to those individuals that do not won a automobile But new ride sharing also brings new liability. If a ride-sharing vehicle is involved in a collision that causes injury, the ride sharing company and the insurance of the driver and the insurance of the Uber and Lyft all have liability. The Drelich Law Firm has experience handling all aspects of ride-sharing accidents. If you suffered injuries as traveler in a ride-sharing vehicle or if you were traveling in another vehicle that was involved in an accident with a ride sharing vehicle, The Drelich Law Firm will fight to get you the maximum compensation.
Lyft, and Uber Drivers are required to carry their own motor vehicle insurance. These ride sharing drivers are just like any other driver in Oceanside, San Diego. What is different for ride sharing drivers, is that insurance is also provided by the ride-sharing company, however this coverage will only apply when the driver is working for the ride share company. I.E. this ride sharing insurance will apply when the driver has the app turned on and is working for the ride share company.
California is a Not a “no fault” state. So if you are injured in a ride sharing accident with an Uber or Lyft, you are not limited to recovering your medical costs from your own insurance company. You can also file a claim to the other driver's insurance and that claim will have to be paid, it doesn't end there. Drivers in California do still retain their right to sue for additional damages
The Drelich Law Firm Attorneys are experienced with helping people in ride share accidents. The Drelich Law Firm Attorneys will negotiate on your behalf, with the ride share insurance companies and the drivers insurance company. The Drelich Law Firm Attorneys will help you get the maximum compensation that you deserve. The Drelich Law Firm will help prove the liability of the ride-sharing company. Many ride share cases are determined by driver fatigue, distraction and driving under the influence.
Also, few Uber, Lyft and Via vehicles carry car seats or booster seats. Unlike traditional taxis, ride share vehicles are not exempt from California’s law that requires children under age four to be in a car seat. That said, many Uber and Lyft drivers transport children without a car seat, adding to the negligence of any accident that involves a young child.
If you or someone you know was injured in a ride share accident or involved in an accident with a ride-sharing vehicle. Even as pedestrian, a passenger, or as another motorist in Oceanside, San Diego, The Drelich Law Firm has attorneys capable managing your dispute and claim with the ride sharing driver, the ride sharing company and then insurance companies.
The legal term of "Slip and fall" is a term used to describe a personal injury case when a person is injured because of a slip or a trip. The slip , trip and fall usually occurs on someone else's property. These cases are known as "premises liability" claims. It is a “Premise” claim because a property owner may be held legally responsible for a Slip and fall accident that occurs on the property owners property in Oceanside, San Diego.
"Slip and fall" can occur when dangerous conditions such as: holes, uneven walkways, debris, torn carpeting, bad lighting, slippery stairs, or a wet floor. Any such conditions can cause a person to fall and become injured. Slip and fall case might occur indoors or even outdoors. If a property in Oceanside, San Diego is not properly maintained, conditions may be present that could be dangerous and cause injuries that could result in slip and fall claim.
For a claim to be made, a person must sustain an injury, even minor in order to collect.
There are some easy rules to determine if someone else is at fault for a slip or trip and fall injury. Since it is not easy to determine who is at fault for a slip and fall. Generally, what matters is that the property owner acted prudently and carefully and maintained his or her property so that slipping or tripping was unlikely. A slip and fall case will also depend on whether the injusred person was careless and could have avoided the slip that that caused the fall.
slip and fall cases must occur on someone else's property and the person must b injured. The injured person must prove that the cause of the accident was a "dangerous condition," and the owner of the property knew of the dangerous condition. A dangerous condition must have been a condition that the injured person would not have anticipated and present an unreasonable risk to a person on the property. This implies that people must be aware of the risk and avoid, obvious dangers.
In order to establish that a property owner of a dangerous condition
For a property owner to be held liable, it must have been foreseeable that his negligence would create the danger at issue.