A workplace injury can upend your life without warning. One moment you are doing your job, and the next you are dealing with pain, medical bills, and questions about whether you can return to work and how you are going to support yourself while you recover. If you were hurt on the job in San Diego, you have legal rights, and knowing what they are from the start puts you in a much better position.
The Law Office of Kevin Lemieux, APC, represents injured workers throughout San Diego. Call (619) 488-6767 or contact us online to schedule a free consultation.
Why Work With Our Firm on Your Workplace Injury Case
Workplace injury cases in California involve overlapping legal systems, workers’ compensation, personal injury law, and, in some cases, federal regulations. Knowing which avenue applies to your situation and how to pursue it effectively is not something you should have to figure out on your own while you are also trying to recover.
San Diego’s shipyards, military contractors, and tourism industry bring unique workplace injury cases, and our team regularly appears before the San Diego Workers’ Compensation Appeals Board on our clients’ behalf.
Attorney Kevin Lemieux and our team have been representing San Diego clients since 2003. What sets our approach apart is our focus on trial work. Insurance carriers and employers know that some attorneys settle cases quickly regardless of their value. We prepare every case as though it is going to trial because that preparation regularly leads to results at the negotiating table and in the courtroom. If your case requires a fight, we are ready for it.
We also take the time to understand the full picture of how your injury has affected your life, not just your immediate medical expenses, but your ability to work, your relationships, and your long-term financial stability. That complete picture is what drives the legal strategy our team builds for you.
California Workers’ Compensation and Your Rights
Most employees injured on the job in California are covered by workers’ compensation, a no-fault system that provides benefits regardless of who caused the injury. Under Labor Code § 3600, workers’ compensation covers injuries that arise out of and occur in the course of employment.
Workers’ compensation benefits in California can include:
- Medical treatment reasonably required to cure or relieve the effects of your injury
- Temporary disability payments if your injury prevents you from working during recovery
- Permanent disability benefits if your injury results in lasting impairment
- Supplemental job displacement benefits if you cannot return to your previous position
- Death benefits for dependents if a workplace injury results in a fatality
Filing a workers’ compensation claim requires reporting your injury to your employer within 30 days under Labor Code § 5400. Missing that deadline can affect your eligibility for benefits, so acting quickly matters.
What Happens If Your Claim Is Denied
A denial is not the end of your case. Under Labor Code § 5903, you generally have 20 days from the decision to file a Petition for Reconsideration with the Workers’ Compensation Appeals Board. Because this deadline is strict, contact an attorney as soon as your claim is denied.
When a Personal Injury Claim Goes Beyond Workers’ Compensation
Workers’ compensation covers most workplace injuries, but it is not always the only legal option available. In certain situations, you may be able to pursue a separate personal injury claim in addition to or instead of workers’ compensation.
A third-party claim applies when someone other than your employer or a coworker contributed to your injury. Common examples in San Diego workplaces include:
- A contractor or subcontractor whose negligence caused your accident on a job site
- A manufacturer of defective equipment or machinery that failed and caused your injury
- A property owner whose dangerous premises contributed to your accident
- A driver who caused a vehicle accident while you were working
A third-party personal injury claim is not subject to the same limitations as workers’ compensation. It can address additional losses that workers’ compensation does not cover, such as time away from work and the broader impact of your injury. Identifying whether a third party bears responsibility for your injury is one of the first things we look at when evaluating a workplace injury case.
Common Types of Workplace Injuries We Handle
Workplace injuries take many forms, and the legal strategy for each depends on the circumstances. Our firm handles a wide range of workplace injury cases in San Diego, including:
- Construction site accidents, including falls from heights, scaffolding collapses, and equipment failures
- Forklift and heavy machinery accidents
- Repetitive stress and overuse injuries
- Exposure to toxic substances or hazardous chemicals
- Slip and fall accidents in warehouses, retail environments, and office settings
- Truck and delivery vehicle accidents
- Injuries caused by inadequate safety training or failure to provide proper protective equipment
- Healthcare worker injuries, including patient handling and needlestick incidents
No matter the industry or the type of accident, the legal analysis starts with the same questions: what caused the injury, who bears responsibility, and what are all the avenues available to you for recovery?
What to Do After a Workplace Injury in San Diego
The steps you take immediately after a workplace injury affect both your health and your legal options. Here is what matters most in the early stages:
- Report your injury to your employer as soon as possible, and make sure it is documented in writing
- Seek medical attention promptly, even if the injury seems minor at first
- Keep records of all medical treatment, communications with your employer, and any time missed from work
- Do not sign any documents from your employer or their insurance carrier without understanding what you are agreeing to
- Consult with an attorney before accepting any settlement offer related to your injury
Employers and their insurance carriers have teams in place to handle claims from the moment an injury is reported. You deserve the same level of advocacy on your side.
Frequently Asked Questions About San Diego Workplace Injury Cases
Can Your Employer Retaliate Against You for Filing a Workers’ Compensation Claim?
No. California law prohibits employers from retaliating against employees for filing a workers’ compensation claim under Labor Code § 132a. Retaliation can include termination, demotion, reduced hours, or any other adverse action tied to your claim. If you believe your employer has retaliated against you, that is a separate legal violation with its own remedies.
What If Your Employer Says You Are an Independent Contractor?
Whether you are legally classified as an employee or an independent contractor matters significantly for workers’ compensation eligibility. California has strict rules about worker classification under Labor Code § 2775, and some employers misclassify workers to avoid providing benefits. If you were told you are a contractor but your working situation looks more like employment, it is worth having that classification reviewed.
How Long Do You Have to File a Workplace Injury Lawsuit in California?
For personal injury claims against a third party, California’s statute of limitations is generally two years from the date of injury under Code of Civil Procedure § 335.1. Workers’ compensation claims must generally be filed within one year of the date of the injury, with some exceptions for repetitive strain or exposure injuries.
Because these timelines run concurrently and missing them can bar your claim entirely, speaking with an attorney as soon as possible after your injury is important.
Talk to Our Workplace Injury Lawyers in San Diego Today
A workplace injury puts a lot in motion at once, and the decisions made in the early weeks matter more than most people realize. You do not have to figure this out alone.
The Law Office of Kevin Lemieux, APC, offers free consultations to injured workers throughout San Diego. Call (619) 488-6767 or contact us online to speak with our team today.
A workplace injury can upend your life without warning. One moment you are doing your job, and the next you are dealing with pain, medical bills, and questions about whether you can return to work and how you are going to support yourself while you recover. If you were hurt on the job in San Diego, you have legal rights, and knowing what they are from the start puts you in a much better position.
Workplace injury cases in California involve overlapping legal systems, workers’ compensation, 
Workers’ compensation covers most workplace injuries, but it is not always the only legal option available. In certain situations, you may be able to pursue a separate personal injury claim in addition to or instead of workers’ compensation.
