“When I seek out professional advice, I don’t want B.S. I want it straight up, with no double talk. I figure 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
The First Step
When handling your work injury case, nothing matters more than the honest truth. Nothing. You must be straightforward and honest about your case. I have seen many instances where a client will sugarcoat their injury and the courts throw out the case. Why? All because they were not honest from the get-go.
The Next Step
If you've been injured on the job, you probably have a ton of questions. I understand. You are concerned about your family and your livelihood. My suggestion is the next step you should take before anything else is to read my book, Win Your Injury Case. I wrote it to help folks like you, good people who got hurt on the job. You can order a free copy and I will cover the shipping too.
Using OSHA Regulations to Win Your Third Party Work Injury Case
Under California law, an injured worker may use California Occupational Safety and Health (Cal-OSHA) rules and regulation in order to prove liability in a work accident. An injured worker is allowed to use Cal-OSHA provisions to establish standards and duties of care in negligence actions against third parties.
Generally, in California an injured worker can not sue their employer if they are injured at work. Instead, most California workers' only remedy against their employer for a work injury is workers compensation benefits. Unfortunately, California has some of the lowest workers compensation benefits in America.
Under California law, if someone other than the employer is legally responsible for a workers injuries, then the worker can bring a third party work injury lawsuit against them. These are called third party cases or third party work injury cases.
One way to establish liability against a third party is with the use of Cal-OSHA regulations. When an injured worker uses a California Labor Code or Cal-OSHA regulation in order to establish negligence, it is called negligence per se. This is very important because proof of a statutory violation may be used to create a presumption of negligence in specified circumstances. That is, when the third party defendant violates a Labor Code Section or Cal-OSHA regulation, the third party may be presumed to be negligent.
Under California work injury law, the failure of a person to exercise due care is presumed if:
(1) He/ she violated a statute, ordinance, or regulation of a public entity;
(2) The violation proximately caused death or injury to person or property;
(3) The death or injury resulted from an occurrence of the nature which the statute, ordinance, or regulation was designed to prevent; and
(4) The person suffering the death or the injury to his person or property was one of the class of persons for whose protection the statute, ordinance, or regulation was adopted.
Once the injured worker is able to prove the foregoing, then the burden shifts to the third party to rebut this presumption.
Negligence per se is a very powerful concept. In essence, it prevents the third party from arguing or proving that it's actions were reasonable. Instead, the act is considered negligent because it violates a statute or regulation.
We Focus on the Details So You Can Focus on Your Recovery
Led by founder and principal attorney Bill Turley, our lawyers and professional support staff are fully committed to being accessible and accountable to you. We are in your service and are ready to do all we can to quickly move you through the system and on to rebuilding your life.
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California's Leading Work Injury Attorneys
No one expects to be injured on the job, but when it happens, obtaining quality medical care and proper benefits is your number one concern. California's leading workers injury attorney, Bill Turley, has aggressively represented 1000's of injured workers, securing the quality medical care and the financial benefits they were entitled to. He can help you too.
RESEARCH YOUR WORK INJURY CASE
This website provides information to injured workers and their families. Our goal is to level the playing field between seriously injured workers and insurance companies. We expose the tricks, traps, and techniques they use to cheat injured workers out of their legal rights. We provide vital information so you can make informed decisions regarding your California workers compensation case.
We have a State - Wide Practice
We have a State-Wide practice. This means injured workers across California ask us to handle their serious work injury case.
Disclaimer: Please understand these discussions and/or examples are not legal advice. All legal situations are different. This testimonial, endorsement and/or discussion does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation and/or this particular case/ situation. Thanks, Bill Turley