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Work Related Injuries
- Accidental injuries at the workplace may entitle you to continuation of your regular pay and worker's compensation benefits (including medical care) while you are unable to work.
- Chronic exposures and repetitive injuries such as Carpal-Tunnel Syndrome, noise exposure, etc., may also entitle you to the same benefits.
- If you work for the federal government and were injured at work, our office can represent you or give you advice, wherever you live.
- If you work in maritime employment and were injured at work, our office can represent you or refer you to other competent counsel.
- If you were injured at work but not in federal or maritime employment, we may not be able to accept your case if there is no third party (someone other than your employer) at fault.
The rights of injured workers to receive compensation for lost pay, medical bills and rehabilitation after an industrial injury are governed by workers' compensation and related laws. Each of the states has a workers' compensation system, and there are several federal laws that cover industrial injuries.
At this office we primarily represent workers' whose injuries are governed by these federal laws: the Federal Employees Compensation Act (FECA), and the Jones Act. If you are unsure of which law governs your situation, ask a knowledgeable attorney as your rights may vary greatly depending on which law applies.
Click here to see some of our FECA information as well as links to other sites.
The FECA covers federal civilian employees who work for U.S. government agencies, including the Postal Service. See our links to other sites for a list of these agencies. Also covered are certain volunteers, Peace Corps personnel, and state law enforcement offices injured while apprehending a federal criminal, and others.
The Jones Act covers seaman who are injured in the course of their service to a vessel in navigation. This can include workers on movable oil platforms and work boats, as well as ocean-going ships.
There are several other federal laws that govern work-related injuries, including the Longshoremen's and Harbor Workers' Compensation Act (LHWCA) covering longshoremen and others working in maritime employment; extensions of the LHWCA covering defense base employees (Nonappropriated Fund Instumentalities Act - NFIA; Defense Base Act), oil platforms (Outer Continental Shelf Lands Act - OCSLA), and war injuries to civilians (War Risk Hazards Act); the Black Lung Benefits Act (BLBA) covering mine workers; the Federal Inmate Compensation system covering inmates in federal prisons; etc. Injuries may also give rise to other federal benefits such as Social Security payments.
It is important to remember that a person injured at work may have both a workers' compensation claim and a "third party " personal injury claim against a negligent party (see non-work-related injuries).
Examples of cases we have handled:
- A federal worker was seriously injured driving home from work late at night. The FECA claim was denied because she wasn't at work when injured. We obtained benefits for the worker by proving she was required to use her car during the workday, making her trip home covered under workers' compensation.
- A retired federal worker came in still suffering from an old knee injury. Since he had worked on ships, we asked him about asbestos exposure and lung problems, for which he had never thought to file a claim. He received a six-figure FECA benefit for the lung injury, in addition to extra benefits for the knee.
- An injured seaman settled his claim for $10,000 plus lifetime medical care for his injuries. Several years later the employer refused to keep paying his medical bills. We sued the employer for fraud and, in spite of the earlier settlement, obtained an additional six-figure settlement.
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Non Work Related Injuries
If you were injured in an auto accident that was not your fault, our office can represent you if the injury occurred in Southern California, or we can refer you to other competent counsel.
Any injury caused by the negligent or intentional act of another may be the subject of a claim or suit by the person injured. Typical of such cases are vehicle accidents and premises (slip-and-fall, etc.) injuries. An injury at work can give rise to one of these claims, in addition to the workers' compensation claim.
These injury claims are governed by state laws, and by federal laws such as the Federal Tort Claims Act (FTCA). The FTCA covers claims against the federal government, usually brought by persons not employed by the U. S. Government.
There are many attorneys active in the personal injury field, and their names can be obtained through your local bar association or from referrals from friends and relatives who have had dealings with reputable attorneys. Always be aware that if your injury was caused by the negligent or intentional act of another, you may have both a personal injury claim and a workers' compensation claim if there was some connection to your work.
Our office has represented hundreds of personal injury clients over the years, in both state and federal courts. Presently we represent personal injury plaintiffs whose cases arose in (that is, the injury occurred in) Southern California only.
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