“When I seek out professional advice, I don’t want B.S. I want it straight up, with no double talk. I figure you do also. I always use plain English, with no sugarcoating, no B.S. lawyer talk, and no double talk-just old fashioned, unsweetened, unvarnished truth-just the way that I would want it.” -Bill Turley
RESEARCH YOUR CALIFORNIA WORKERS COMPENSATION CASE
This website provides information for California workers that are concerned about California workers compensation laws. Our goal is to level the playing field between injured workers employees and workers compensation insurance companies. We expose the tricks, traps, and stunts these employers may use to cheat injured people out of their pay. We provide vital information so you can make informed decisions regarding your California Workers compensation Case.
Our San Diego Workers compensation Attorneys have packed this website with hundreds of pages of free information, which we constantly update. Use our website to research your California worker compensation case. You will see that we have an assortment of informative and relevant California workers compensation articles.
The First Rule of Serious Work Injuries
The first thing you - the injured worker - must realize is the general rule: if you are seriously injured at work you are screwed. Simple, but true. If you are a seriously injured worker you are probably going to either lose almost everything you worked your whole life to get, or come dang close to it. You want sugar coating; you came to the wrong web site. Here, you are going to hear the truth. Even when it hurts, especially when it hurts. You don't need sugar coating about how much money a law firm will get you. You need to hear the truth. So here is some really bad truth.
If you are seriously injured or had a family member killed at work, you are in for an economic nightmare. I have been representing injured workers since 1986. I'd like to tell you different. But I can't. At least this is the case for many, many seriously injured California workers.
Here is another truth. You and your family can weather and survive economically and most importantly, as a unit, if you have a successful third party case. It's been what I have observed in my law practice in San Diego, California since 1986. In most cases, a third party lawsuit is the only way you are going to receive fair compensation for your injuries. Because you aren't going to get anything close to fair with your workers compensation case.
The Program (you can't tell the players without a Program)
Simply stated, you can't tell the players without a program. If someone is injured while working, they are termed the "first party". The employer is the "second party".
The general rule is that an injured employee cannot bring a civil lawsuit against their employer for injuries occurring while they are in the course and scope of their employment. Instead, the general rule is that, worker's compensation benefits are the employee’s exclusive remedy against the employer, California Labor Code Section 3601. Exceptions to the exclusive remedy doctrine will be discussed in future articles. (So be sure to check back in with us). Employee civil lawsuits against their employers are termed "second-party cases." We will have future articles dealing with "second-party" lawsuits.
If someone else is legally responsible for the workers' injuries, then the injured worker can pursue civil remedies against this other person and/or entity. Any person/entity other than the employer that is legally responsible for the employee's damages is termed a third-party. Generally, a workers' compensation recovery does not preclude a civil suit by the employee against negligent third-party. DaFonte v. Up-Right, Inc., 2 Cal. 4th 593(1992). An employee's civil lawsuit against persons/entities other than the employer is termed "third-party cases".
First Party-You /Injured Worker
Second Party-Your Employer
Third Party-Any person/entity whom is legally responsible for your/the injured worker's injuries.
If you still have questions after you have researched your case here, please call us. We will answer your questions, free of charge and with no obligation. (619) 234-2833.
What Others Say About Us
We could go on and on like many lawyers about how great they are. They will tell you how much they care about you and your case (even though they haven't met you yet). They will tell you how "aggressive" they are, what schools they went to, how much money they are going to get for you (without knowing anything about your particular case) and/or how many years of experience they have. But you've probably heard all of this before.
Instead, of us telling you all this, we prefer to simply let our track record and our clients speak for us:
Chosen as 2010 Top 10 Personal Injury Attorney in San Diego
Elected by his peers to be President of Consumer Attorneys of San Diego
Elected by his peers to be on the Board of Governors of Consumer Attorneys of California
Bill Turley teaches lawyers the law
Bill Turley has been teaching, lecturing and writing about third party work injury law since 1992.