Orthopedic Injuries Attorney in Sacramento, California

Orthopedic injuries encompass a wide range of conditions affecting the musculoskeletal system, including bones, joints, muscles, ligaments, tendons, and nerves.  

These injuries can result from various causes, including workplace accidents, car accidents, slips and falls, and sports-related incidents. Common orthopedic injuries include fractures, dislocations, torn ligaments, and repetitive strain injuries.  

Orthopedic injuries often require specialized treatment, including physical therapy, surgery, and rehabilitation to restore function and alleviate pain. Early diagnosis and intervention are crucial in preventing long-term complications and improving recovery outcomes. 

If you or a loved one has sustained an orthopedic injury and is seeking justice, I’m here to help you understand your options and guide you through the legal process. Call today for a free consultation at The Law Office of Cezar J. Torrez in Sacramento, California, East Sacramento, Oak Park, South Natomas, North Sacramento, West Sacramento, North Natomas, Arden-Arcade, Rosemont, Lemon Hill, Pocket, and Riverview. 

Common Causes of Orthopedic Injuries 

• Workplace accidents: Heavy lifting, repetitive motions, and slips or falls can lead to serious orthopedic injuries on the job. 

• Car accidents: Sudden impact can cause fractures, dislocations, and other severe injuries. 

• Sports injuries: Athletes are particularly susceptible to ligament tears, fractures, and muscle strains. 

• Slips and falls: Wet floors, uneven surfaces, and inadequate lighting can lead to falls that result in broken bones or sprains. 

• Overexertion: Engaging in physical activities without proper conditioning or technique can lead to muscle strains and tears, particularly in sports. Warming up, using the correct form, and gradually increasing activity intensity can prevent injuries. 

• Motorcycle and bicycle accidents: Riders are at risk for serious orthopedic injuries due to lack of protection compared to vehicles. Collisions often result in fractures, especially of the limbs and collarbone, as well as road rash that can lead to additional complications. 

• Inadequate safety equipment: Failure to use proper safety gear, such as helmets, knee pads, and supportive footwear, can significantly increase the risk of orthopedic injuries in both work and recreational settings.  

Orthopedic Injury Laws in California 

California laws seek to protect individuals who have suffered orthopedic injuries, particularly in the workplace. Here’s a brief overview: 

Workers' Compensation 

Under California law, workers' compensation is a no-fault system designed to provide benefits to employees who have injuries that qualify, including orthopedic injuries. Benefits may include medical treatment, temporary disability payments, permanent disability compensation, and vocational rehabilitation.  

To be eligible for benefits, employees must report their injuries to their employers promptly, typically within 30 days. The compensation system covers both physical and mental health conditions resulting from the injury. 

Personal Injury Claims 

If your orthopedic injury was caused by someone else’s negligence, you might be entitled to file a personal injury claim. This allows you to seek compensation for medical expenses, lost wages, pain and suffering, and other damages. 

To successfully file a personal injury claim in California, you must establish that the other party was negligent and that their negligence directly caused your orthopedic injury. Collecting evidence, such as medical records, accident reports, and witness testimonies, is necessary for building a strong case and getting the compensation you deserve. 

Statute of Limitations 

California imposes a statute of limitations on both workers' compensation and personal injury claims. Generally, you have one year from the date of injury to file a workers' compensation claim and two years for a personal injury claim. You must act quickly to protect your rights. Failing to adhere to these timelines may result in the loss of your right to seek compensation. 

However, there are exceptions to the general statute of limitations that may extend the filing time. These include cases involving minors or cases involving delayed discovery of the injury. 

Third-Party Liability 

In some cases, a third party may be liable for your orthopedic injury, such as a manufacturer of defective equipment or a property owner whose negligence contributed to your injury. If a third party's actions significantly impacted your injury, a third-party liability claim can provide additional compensation. You must investigate all parties involved to determine the right course of action. 

Pursuing a third-party liability claim typically requires demonstrating that the third party had a duty of care towards you, breached that duty, and directly caused your orthopedic injury. 

Temporary and Permanent Disability Benefits 

California's workers' compensation system provides benefits for both temporary and permanent disabilities caused by orthopedic injuries. Temporary disability benefits offer financial support while you recover and are unable to work, typically covering about two-thirds of your regular wages.  

In cases where the injury results in lasting impairment, permanent disability benefits may be available. These benefits compensate you based on the severity of your condition and its impact on your ability to work.  

A qualified attorney can help you understand your eligibility for benefits and maximize the compensation you receive.