Personal Injury, Workers' Compensation, Labor and Employment Law, Civil Rights
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Personal Injury, Workers' Compensation, Labor and Employment Law, Civil Rights

PERSONAL INJURY

Personal injury is a complex area of law dealing with victims who suffer injury or death as a result of the negligence or intentional act of another person, business entity or governmental entity such as a City, County or the State.

Our firm will treat you with compassion and guide you through the claims process, work with your doctors and medical facilities, and deal with the insurance companies who want to minimize the extent of your injuries and the amount of damages to which you are entitled. If a lawsuit is filed, we will guide and educate you through the “litigation” process from beginning to end.

Our firm handles all types of personal injury matters including the following:

  • Auto accidents
  • Truck/big rig accidents
  • Motorcycle and bicycle accidents
  • Pedestrian accidents
  • Construction-related accidents
  • Premises liability including slip/trip and fall accidents
  • Product liability for defective or unsafe machines, equipment and consumer products
  • Assault, battery and intentional acts leading to injury or death
  • Unsafe roads and dangerous conditions of property

Victims of accidents and intentional acts have a right to be made “whole” and to recover their damages from responsible parties and/or their insurance companies. These “damages” include the following:

  • Past and future medical expenses
  • Past and future lost wages
  • Out of pocket expenses
  • Past and future physical pain, suffering, diminished quality of life, disfigurement, physical impairment, anxiety, humiliation, and emotional distress.

For serious and catastrophic injuries such as traumatic brain injuries, spinal cord injuries, amputation and paralysis, victims and their families will face life-altering decisions as they face permanent disability, long-term treatment and care, disfigurement, depression and financial challenges. We have the knowledge and experience to assist you in coordinating long-term care and treatment, and will treat you with compassion and respect so that you are not left alone to face the emotional and financial strain caused by a catastrophic injury.


WORKERS' COMPENSATION

If you are injured on the job, the California workers' compensation system is designed to provide benefits in the form of (1) medical care, (2) temporary disability payments, (3) permanent disability payments (if you do not fully recover), (4) supplemental job displacement benefits (if you are unable to return to your usual occupation), and (5) death benefits for your spouse and children if you die from a work-related injury or illness.

California has a “no fault” system in that benefits are payable regardless of fault. However, there are a few exceptions – for example, if your injuries are a result of horseplay, fighting, violating company policy, breaking the law, or if they occurred outside the scope of your employment – and you may not be entitled to benefits depending on the facts of your particular case.

Although most injured employees will recover and eventually return to work without any medical restrictions, some will continue to have ongoing problems and never fully recover. If your doctor determines that you will never completely recover, or will always be limited in what you can do at work, or your activities of daily living are permanently impaired, you may be entitled to permanent disability payments. If your permanent disability is partial, you are eligible to receive benefits over a fixed number of weeks, depending on the extent of your disability. If your permanent disability is “total,” you are eligible to receive payments for the rest of your life.

If you have been injured on the job, we will treat you with compassion and guide you through the claims process, work with your doctors and medical providers, deal with the insurance companies who want to minimize the extent of your injuries and/or disability, and educate you through this complex system which has gone through some major changes in recent years.  Even as of the time of this writing, workers' compensation law continues to evolve and change as the Courts interpret and define the sweeping legislative changes that have occurred over the last six years.

At the Law Offices of Jeffrey L. Tade, we are passionate about the law and take pride in representing our injured worker clients. We have the experience, dedication, and knowledge to assist you in your claim from the early stages and to trial if necessary. We have litigated cases up to the Courts of Appeal level and take great pride in pushing the boundaries of the law in the interest of justice.


LABOR AND EMPLOYMENT LAW

In keeping with our philosophy and dedication to seeking justice for injury victims, we handle employment-related complaints of discrimination, civil rights and labor violations. Oftentimes, an injured employee will report a job injury and makes a workers’ compensation claim. In retaliation, the employer terminates or demotes the employee which causes insult to injury. Such actions by an employer are prohibited by the law and will subject the employer to certain penalties in addition to the injured employee’s claim for workers’ compensation benefits.

There are occasions when an employer or a representative of the employer commits “willful acts” which causes or contributes to an employee’s injury. These acts can range from willful violation(s) of safety orders (OSHA) to simple willful disregard for worker safety which causes or contributes to an employee’s injury. Such actions will also subject the employer to certain penalties in addition to the employee’s claim for workers’ compensation benefits.

In today’s economy, employers are cutting costs including labor costs. Workers are working longer hours with fewer benefits. However, there is no excuse for not properly paying workers all of their wages earned during their work period. Payment must be made timely and in compliance with all applicable wage laws. An employer must properly compensate its workers and comply with the “wage and hour” laws including minimum wage, meal and break periods, and overtime pay requirements. Failure to follow the wage and hour laws can and will subject an employer to penalties, interest and attorney fees.

Some employers attempt to misclassify employees as “exempt” or as “independent contractors” to avoid many of the protections of the wage and hour laws. There are strict requirements for an employee to be considered exempt or be considered an independent contractor. If those requirements are not met, then an employer must comply with all wage and hour laws including minimum wage and overtime. If you believe that you have been misclassified as an “exempt employee” or an “independent contractor,” please contact us for a free consultation. Remember that those classifications are defined by law, not the employer.

Civil rights litigation includes discrimination and harassment on the basis of race, national origin, sex, age, disability and other characteristics of individuals that cannot be changed.  You have a right to be treated the same as other members of our society and an employer cannot discriminate against you simply because you look "different" or have different characteristics.  If you believe that you are a victim of discrimination and harassment, please contact us for a free confidential consultation.

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