Practice Areas |
Personal Injury
Personal Injury is a general term that encompasses everything from soft tissue injures to broken bones to emotional distress to brain damage to death, caused, at least partially, by the wrongful conduct of another individual, group, or business. Personal injuries include damages that result from:
• Car accidents
• Truck accidents
• Motorcycle accidents
• Aviation accidents
• Defective products
• Medical malpractice
• Slip and fall
• Dog bites
• Assault and battery
• Wrongful death
• Practically any way in which a person might get hurt or killed
Workers’ Compensation
Workers’ Compensation essentially covers personal injuries that happen at work. Unlike personal injury, however, in workers’ compensation you can be compensated for injury even if no one is at fault in causing it; all that is necessary is that the injury occur at work (and because of work)—though egregious conduct by the employer can warrant increased compensation. Thus, repetitive motion injuries that arise over time are compensable in workers’ compensation, but typically not in personal injury. Psychological injuries, such as those caused by a hostile work environment, are another type of injury commonly dealt with in workers’ compensation.
A second fundamental difference between the two kinds of cases is the measure of damages, which in workers’ compensation is based mainly on disability, rather than pain and suffering, both of which (disability and suffering), and more, are compensable in personal injury.
(Legally required notice: Making a false or fraudulent workers' compensation claim is a felony.)
Hybrid Cases
Not infrequently, an injury involves multiple areas of law. For example, if you are struck by a negligent motorist while driving on the job, you may have both a workers’ compensation case against your employer and a personal injury case against the other driver. Or if you are injured using an unsafe machine at work, you may have a workers’ compensation case, against your employer, and a personal injury (product liability) case, against the manufacturer of the machine. Or if your employer fires you in retaliation for your filing a workers’ compensation claim, you may have a workers’ compensation case and a wrongful termination case, against your employer.
Other Cases
We provide representation in other sorts of cases as well. But if you have a case in an area of law we do not handle, we will try to find a competent lawyer for you who will handle it.
To discuss your case, or potential case, or to schedule an appointment, please contact:
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1-888-SU-ABOGADO
Law Offices of Richard J. Eisner
Southern California
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