Our Practice Areas
At the Law Offices of Armen Artinyan, we understand the expectation that comes with hiring an attorney through the most challenging and difficult time of your life. While every case may be different, and some even complex, we offer every client our personal attention, the experience to litigate their case efficiently and the dedication to achieve the most favorable outcome in their favor.
Our law firm focuses on two areas of law: personal injury and workers compensation. Sometimes, these practice areas are confused for one another because they both involve injured persons. Simply put, the main difference is that personal injury is based on fault whereas workers compensation isn’t. In a personal injury case, you have to prove that you suffered injuries or damages as a result of someone else’s negligence. An injured worker, however, is entitled to workers compensation regardless of whether the employer or a co-worker was at fault for the injury.
A good illustration of this difference is car accidents: in a personal injury case, the victim of the car crash would have to prove that the other driver’s actions or negligence caused the crash. But if for example you were doing a delivery as part of your job, you would be entitled to financial and medical benefits under workers compensation without having to prove that anyone else was at fault for the accident.
The other major difference is that in a workers compensation case, your benefits and remedies are limited. Injured employees are only entitled to specific medical and rehabilitation benefits and do not have the option to sue their employer. Victims of personal injury, on the other hand, are entitled to compensation for all the damages they have sustained.
Please keep reading to learn more about our practice areas, or contact our attorney to see if your case qualifies as a personal injury or workers compensation case.
Personal Injury Law
- Personal injury law (including in cases of wrongful death) applies to anyone who has suffered an injury caused by the actions or inactions of others.
- To recover damages in a personal injury case, the injured party must prove that the other party acted with negligence, that the negligence caused an injury and damages, as well as the level of damages sustained.
- Personal injury law warrants that the injured party should be “made whole.”
- The defendant in a personal injury case can choose from many different “defenses” to avoid paying damages caused by his actions.
- However, an employer in a workers compensation case does not have the option to use these defenses.
- If the parties are unable to agree on a settlement, personal injury cases are filed in court and decided by a jury.
Workers Compensation Law
- Workers compensation law applies only to persons who have been hurt while on the job.
- Regardless of who, if anyone, is at fault for the injury caused, workers compensation benefits are available to an injured worker.
- As long as an employer makes available workers compensation benefits to an injured employee, workers compensation is the only option available to an injured worker. An employer cannot be sued for wrongful death or personal injury damages.
- If an employee is injured on the job by a third party other than the employer or a co-worker, the injured worker can file a personal injury lawsuit.
- Benefits under workers compensation law are limited to medical expenses, disability payments and rehabilitation benefits. These benefits are all subject to limitations such that an injured worker is never fully compensated for the extent of the injury he or she has suffered.
- Workers compensation cases are filed with the Workers Compensation Board. If the employer and the injured employee are unable to reach an agreement, the board determines the settlement.
Personal injury and workers compensation cases are different. To learn which law applies to your particular case, contact our experienced injury attorney.
A Contingency Fee Based Practice
On all Personal Injury and Workers Compensation cases, we work on a contingency basis, which means that we do not charge you a fee unless and until we win your case and recover a settlement. In the State of California, the Workers’ Compensation Appeals Board customarily sets the attorney fee at 12 to 15% of the benefits awarded to the injured worker.