Alexandra Hamilton Discusses Workers’ Compensation Claims in Organized Labor’s Ask The Expert Column

Question:

While employed by a subcontractor at a worksite, I was injured by an employee of a different subcontractor. What should I do?

Answer:

Because you were injured at work, you are entitled to worker’s compensation benefits. Notify your employer and file a worker’s compensation claim. Your employer must give or mail you a claim form within one working day after learning about your injury. Contact a worker’s compensation attorney to make sure your rights are being protected and to ensure that you are getting all the benefits allowable under the law.

You also may have a civil case against the employee who injured you and/or his or her employer. There are damages in civil cases that you cannot claim in worker’s compensation, including emotional distress, pain, and suffering. You can have a worker’s compensation case and a civil case at the same time, depending on the exact circumstances of your injury. You should consult with attorneys who specialize in personal injury claims as soon as possible because there are strict rules and time limits to follow.

Alexandra A. Hamilton

Alexandra A. Hamilton is an attorney with The Veen Firm on the Leary Trial Team. She handles complex cases involving catastrophic injuries or death, including products liability, workplace injuries, dangerous conditions of property, and vehicle negligence. Ms. Hamilton has been recognized as one of the top young litigators in California. She has been named Top 40 Under 40 by the National Trial Lawyers Association, Top 10 Under 40 in California by the National Academy of Personal Injury Attorneys, and Top Ten Best Female Attorneys by the American Institute of Personal Injury Attorneys. Since 2014, she has been selected as a Rising Star by Northern California Super Lawyers.