California Work Injury Lawyers
- PAY NOTHING UPFRONT
- OVER $0 MILLION RECOVERED
- ZERO-FEES UNTIL WE WIN
We’ll tell you if you have a case or not, call (888) 488-1391 — We’re here 24 hours a day.
Our California Work Injury Lawyers Help Clients Understand Their Rights
Every job involves risks. That’s why California law grants injured workers the right to pursue compensation. You may get injured while driving a company car, slip and fall during work, or get hurt on a construction site. In such cases, our California work injury lawyers at Arash Law can guide you through the legal process of filing a claim. Schedule a free initial consultation with our legal team and learn about your options by calling (888) 488-1391.
There are many ways one can be injured while working, such as falling from heights and hurting one’s back, getting in a car collision while making deliveries, or being burned by chemicals. Apart from these often preventable accidents, the nature of a job can cause injuries, including hearing loss due to constant loud noise or permanently damaging one’s wrist from repeating the same motion.
California workers’ compensation law requires your employer to provide benefits, such as medical care and permanent or temporary disability payment, among others, regardless of who caused the accident. In addition, you can also seek compensation through a personal injury claim, depending on your case’s circumstances.
Arash Khorsandi, Esq., and his team of California work injury attorneys have represented workers in job-related injury claims for decades. They can help individuals file workers’ compensation and related claims.
What To Expect When Working With Our California Work Injury Attorneys
Our California work injury lawyers have experience representing individuals in workplace injury claims. We guide clients through the process of pursuing benefits and understanding their legal options. Knowing what to expect can make the claims process clearer and less overwhelming.
- Honesty & Transparency — Clear communication is important in any attorney-client relationship. From the initial case review to the negotiation table, we will inform you about your case’s progress. We provide straightforward information so individuals can make well-informed decisions throughout the process.
- Knowledge of Workers’ Compensation Law — Our lawyers understand California workers’ compensation law and represent clients in both administrative and legal proceedings. They assist in navigating the process, from understanding the applicable legislation to addressing the requirements involved in pursuing a claim.
- Personalized Attention — We understand that every workplace injury case is different. Our attorneys take the time to address client concerns and explain the steps involved. From the start, we outline what to expect so the process feels clearer and more manageable.
Why Hire Our Work Injury Lawyers
Our California work injury lawyers approach each case with professionalism and an understanding of the challenges clients face. We provide legal representation and guidance throughout the process.
- Professional Presentation — Our attorneys maintain professionalism in both appearance and conduct. They stay organized, attend scheduled meetings, and manage case details with care so clients remain informed throughout their claim.
- Access to Medical Care — In some cases, injured workers face obstacles when seeking medical treatment. Our attorneys can assist by connecting clients with medical providers and evaluators familiar with workers’ compensation cases in California. This support can be especially important if a preexisting condition complicates the claim. Medical documentation is key in establishing the link between an injury and a workplace accident.
- Representation of Client Interests — Our attorneys are committed to representing the interests of injured workers under California law. We provide legal services that address the financial and personal challenges that may arise after a workplace injury.
- Support & Guidance — Recovering from an injury often brings stress from medical bills and missed income. Having legal representation can ease the process since lawyers can manage your claims on your behalf. We maintain open communication with clients so they remain informed and supported as their case progresses.
Morales v. Construction Group Staffing (settled on 7/23/2020) – settlement involving a client who was catastrophically injured when he fell from a height of 4 stories down a shaft. This is a record breaking California Workers’ Compensation settlement.– TINA ESHGHIEH
How Our California Work Injury Lawyers Help You
When injured on the job in California, legal representation can make the claims process easier to navigate. Our attorneys provide guidance, handle the legal steps, and represent clients in pursuing workers’ compensation and related claims. Here’s how we can help you:
- Conducting an Investigation — Our work injury lawyers handle workers’ compensation claims with care and attention. Our team’s comprehensive investigation may involve examining all relevant documents, gathering evidence, and speaking with experts. This way, we can substantiate your claim, prove negligence, and develop a solid legal plan, particularly if there’s a dispute regarding your case.
- Assessing Damages & Benefits — Tracking expenses while recovering and estimating your claim’s value can be difficult. Our legal team assists by organizing documentation and identifying potential benefits and damages that may apply under the law.
- Negotiating with Insurers & Representing You in Court — We will negotiate with the other parties and insurance companies to reach a settlement. If a resolution cannot be reached, we are prepared to represent you in court. Legal representation provides support in presenting a case before a judge or jury.
- Handling the Paperwork — Filing a workers’ compensation claim involves detailed paperwork, and errors can affect the outcome. Our California work injury lawyers manage the preparation and submission of required documents to keep the process on track.
Employers In California May Be Held Liable For Work Injuries
California law mandates that all employers have a responsibility to ensure the health and safety of their employees. Regulations and standards set by the Occupational Safety and Health Administration (OSHA) and other organizations help guarantee a safe American workplace. While these standards vary by industry, the goal of preventing workplace injuries, illnesses, and deaths stays the same. To maintain workplace safety, employers should make a real effort to provide personnel training, safety gear and equipment, emergency protocols, and other safety measures.
If an employer or company fails to provide a safe workplace and an employee is injured or killed, the employer is considered liable. The injured victim or the surviving family can bring a claim or legal action against the liable party. Aside from the employer, liability could also fall on another party, such as a manufacturer of a defective product, a coworker, or another third party who caused the incident.
Our work injury attorneys in California can assess who may be responsible for your injuries and explain your options for pursuing compensation. We have handled cases involving different work injuries, from fractures and burns to catastrophic ones like paralysis and TBIs.
California Workers’ Compensation For Work Injuries
The California Workers’ Compensation law provides a system of benefits for employees who are injured on the job while also limiting an employer’s direct liability for those injuries. Eligible workers may receive benefits such as medical treatment and disability payments. However, the type and amount of benefits depend on the specific circumstances of the case.
While construction workers and heavy laborers are commonly attributed to getting injured on the job, employees from different industries are also at risk of workplace injuries. Workers’ compensation claims are filed from a wide variety of workplaces. You may be eligible, for instance, if you trip over loose wiring in your office and get injured. Even that is considered a workplace injury.
In some situations, you might feel embarrassed and dismiss the accident as clumsiness. However, that’s the worst thing you can do, as you might have unknowingly sustained injuries that can worsen over time. If your employer is not made aware, seeking potential compensation may become more difficult.
While some cases appear purely accidental, negligence is almost always a contributing factor. Negligent maintenance of the premises, negligent hiring, failure to commit to safety rules and standards, and even defective products are a few common examples. An attorney can evaluate the circumstances of your case and provide guidance on your legal options under California work injury laws.
Common Types Of Work Injuries By Industry
From minor mishaps to serious accidents, workplace injuries can affect the employees’ emotions, finances, and mental well-being, not just physical health. The most common instances include the following:
- Construction Industry — It’s very risky to work in the construction industry. Workers may be injured in situations such as:
- Falling from heights due to insufficient safety precautions.
- Getting struck by objects (falling or otherwise).
- Getting trapped in or between machinery or collapsing structures.
- Being electrocuted due to exposed or incomplete electrical systems.
- Manufacturing Sector — Various work injuries are seen in the manufacturing industry due to its reliance on heavy machinery for continuous production and assembly lines. Workers may suffer injuries from:
- Getting entangled in equipment or machinery.
- Being exposed to hazardous substances, most notably in manufacturing plants.
- Repeating the same tasks that may result in repetitive motion injuries like carpal tunnel syndrome.
- Medical Field — Healthcare workers are always at risk of getting work-related injuries or illnesses due to the nature of their profession. They might be injured by:
- Getting exposed to infections and diseases.
- Getting pricked by used needles, which can potentially transmit diseases.
- Strain and overexertion from lifting and moving patients.
- Slip and fall accidents in the hospital.
- White Collar Jobs — Even an office setting poses risks despite its apparent safety. Office-related harm might involve:
- Slipping or tripping and falling due to wet floors, exposed wiring, extension cords, or cluttered workspaces.
- Getting vision problems or eye strain due to extended computer use.
- Sustaining ergonomic injuries because of a poor workstation setup.
Which Illnesses Or Injuries Are Legally Classified As Work-Related?
Any disease or injury that develops due to work or while you are working is generally considered work-related. You might be eligible for workers’ compensation benefits for this.
However, in addition to physical injuries, you may also receive compensation for psychiatric injuries, depending on your case. A work-related injury lawyer can assess whether you may seek damages for conditions that are caused or worsened by your workplace or the nature of your job.
Types Of Work Injury Accidents
Workplaces are inherently risky for employees due to several hazards, from loose carpeting that causes trips to improperly secured scaffolds at construction sites that result in tragic falls. Working for a long time and exposure to chemicals also pose long-term risks. Asbestos, for one, can cause lung cancer among manufacturing workers years later.
Some incidents are more prevalent than others. The following are some of the common workplace accident cases our California work injury lawyers can handle:
Slips, Trips, & Falls
Slips, trips, and falls are among the leading causes of workplace injuries. Common causes include spills on the floor, slick surfaces, hazards brought on by inclement weather, loose debris, clutter, poor lighting, uneven walking spaces, broken stairs, and exposed wiring.
A slip-and-fall accident can lead to physical injuries, commonly involving the head, neck, and back. Fractures, cuts, and torn muscles or ligaments are also typical. All these injuries result in present and future medical expenses. Speak with California work injury lawyers to learn more about your options for obtaining workers’ compensation benefits.
Machinery-Related Incidents
Heavy machinery used in workplaces poses safety risks for workers. Cranes, forklifts, and other machinery without protective guards are dangerous. Workers might get hit by flying or moving parts or suffer electric shocks. There are cases where a body part or loose items are wedged or entangled at a machine’s pinch point.
Defective or improperly maintained machinery can injure the hands, arms, legs, and feet, potentially resulting in fractures, lacerations, or amputations. On March 18, 2024, a forklift accident killed a worker at the Port of Los Angeles in San Pedro. The man, reportedly in his 30s, was found trapped beneath the forklift. Proper training for operators and providing them with protective equipment are as vital as regularly inspecting and maintaining workplace machinery.
Struck-By & Transportation Accidents
Our work injury lawyers also handle workplace accidents involving collisions with vehicles and moving objects. Heavy equipment vehicles used in construction, including backhoe loaders, dump trucks, and concrete mixers, can strike workers. Work injuries due to moving vehicles and falling objects from them are also common, potentially leading to head trauma and internal organ damage.
Furthermore, vehicle collisions can happen during deliveries due to negligent drivers. Truck drivers, bus operators, delivery personnel, and other transportation-related workers might get involved in road accidents and even accidents within worksites. The resulting injuries may vary from minor abrasions to long-term disabilities.
Construction Site Accidents
As stated, the construction industry has its fair share of workplace injuries. Due to the nature of the job, workers are constantly put in danger. A collapsed roof or scaffolding on a construction site may result in injuries or, in severe cases, even death.
Employees on construction sites commonly experience falls from heights, getting hit by heavy equipment, or injuries from power tools. Traumatic brain injuries, spinal cord damage, and bone fractures are among the most severe injuries that can occur in this industry.
Welding Accidents
The construction industry also relies on welding, a crucial process that uses high heat to melt and fuse materials, like metals, to create strong structures. However, despite its importance, welding remains inherently risky. Even with strict safety regulations, welding accidents continue to occur, and burn injuries are a common consequence for workers.
The physical and emotional impact of these injuries can be significant. Depending on the facts of each case, injured workers may be able to seek compensation for medical expenses, lost wages, and other financial impacts.
Trenching Accidents
OSHA enforces strict regulations to help prevent the risk of trenching and excavating accidents on construction sites. Nevertheless, accidents involving collapsed trenches and excavation sites continue to cause serious injuries and fatalities among construction workers.
Unless they are formed of firm rock, trenches five feet or deeper should have a protective system in place. Ladders and ramps should also be provided for safe access to and from excavation sites. Injuries resulting from violations of these safety measures may require immediate or extensive medical treatment, depending on their severity. If you are injured due to a trenching accident, consider consulting with California work injury lawyers to discuss potential avenues for your damages.
Electrical Accidents
Electrical injuries can occur in a variety of workplaces, from construction sites to office environments. Workers might get electrocuted and sustain burns or cardiac disturbances from faulty wiring and exposed electrical components.
Inadequate safety training also increases the risk of electrical accidents. That’s why employers must make sure that employees are properly trained to handle electrical equipment safely and that all electrical systems are routinely examined and maintained.
Fires And Explosions
Malfunctioning gas lines and improper storage of flammable materials often lead to fires and explosions at the worksite. From burn injuries to permanent disfigurement, the resulting injuries are usually devastating and life-altering for the victims.
As a preventive measure, OSHA always urges workers to wear personal protective equipment (PPE) and maintain material safety data sheets for all chemicals they handle. Injured workers needing extensive medical treatment, rehabilitation, and reconstructive surgery may benefit from consulting with a California attorney for work injury cases.
Warehouse Accidents
Warehouses are highly dynamic environments conducive to work injuries because of the combination of dangerous equipment and heavy materials. If workers sustain injuries from warehouse incidents, medical costs for the needed care can easily pile up. In such situations, consulting with a work injury attorney in California can help workers understand their rights and explore potential options for pursuing benefits related to their injuries.
Exposure To Toxic Materials
Hazardous materials are part of workers’ everyday lives in certain industries, including manufacturing, healthcare, and construction. After being exposed to harmful chemicals, fumes, gases, and biological agents for a long time, workers can suffer from respiratory problems, skin disorders, and long-term illnesses like organ damage and cancer.
In chemical exposure cases, possible violations of standard safety practices are often examined. The lack of sufficient PPE or improper handling and storage of these substances can be considered negligence on the part of the organization, making it liable for the resulting injuries.
Occupational Illnesses
While some workers get injured by being exposed to the harmful materials they handle, others sustain long-term health problems due to the environmental conditions in their workplace. Poor air quality can cause respiratory issues, for example. Employers are required to address this by providing sufficient ventilation systems, PPE, and proper training.
Repetitive Strain Injuries (RSIs)
Some injuries occur due to the nature of the job. Workers can sustain RSI if their job involves overexertion and repetitive motions over a long time, straining the muscles, bones, tendons, or joints. Typing at a computer, lifting heavy things, pushing carts, and working on an assembly line are a few examples of doing the same tasks over and over again.
Perhaps the most well-known RSI is carpal tunnel syndrome, but other musculoskeletal disorders like strains, sprains, tendonitis, and bursitis also frequently happen. Although most of these injuries are not life-threatening, they can lead to chronic pain and disability in the long run. They need to be medically checked right away.
Employers can provide ergonomic solutions, such as adjustable desks and ergonomic tools, to reduce the risks of RSIs. Employees are also encouraged to take regular breaks and receive training on proper body mechanics.
Workplace Violence
Unfortunately, violence among workers, with outsiders, and even with animals does happen. To mitigate these dangers, employers should proactively handle and resolve conflicts within the workforce. Additionally, employees should undergo safety training and learn about their crisis plans, including active shooter response.
Regardless of the type of accident, consulting with a work injury attorney can help clarify your legal options. Determining liability can be complex, as work-related injury cases may involve multiple parties, including your employer, co-worker, a product manufacturer, or another third party.
If pursuing workers’ compensation or other claims becomes challenging, an attorney can provide guidance on potential next steps, including the option of filing a civil lawsuit.
What To Do If You Get Injured At Work
If you are injured while working, you may be eligible for workers’ compensation benefits or other remedies under the law. Taking certain steps after an accident can help protect your rights and support your recovery. Following these steps may also help safeguard physical and mental health.
- Seek medical treatment immediately after an emergency or a minor injury. Employers in California can establish their medical care network (MPN) that gives employees access to medical treatment for work-related injuries. They are required to post a notice about the MPN for their workers.
- Inform your doctor that the injury happened at work. State all your symptoms to your medical provider so they can fully treat you and properly document the severity of your injury. Ensure they know you sustained the injury while working.
- Notify your employer as soon as possible. California law gives injured workers 30 days to report the accident to their company or employer. If you fail to report within the allotted time frame, you could lose your right to receive workers’ comp benefits.
- Submit a claim form. Your employer must give you the claim form within one business day after informing them of your injury.
- Consult a work injury attorney in CA. They can help you understand your rights after a workplace injury. Some claims may be handled incorrectly, and legal guidance can assist in pursuing the benefits you may be entitled to under California law.
What Are My Rights After A Work Injury In California?
As a worker in California, it is wise to know what your rights are when it comes to work injuries. Here are some of them:
- You are entitled to seek medical attention and treatment from a medical professional.
- After getting injured at work, you are entitled to file a workers’ compensation claim and receive benefits.
- You can pursue disability benefits if your injuries render you either temporarily or permanently disabled and prevent you from going back to work.
- You have the right to appeal a decision made by your employer, their insurance provider, or the workers’ compensation court that you disagree with.
- You can decline if your employer urges you to use or get your own health insurance for your medical bills instead of their workers’ compensation insurance.
- You can refuse any incentives your employer might offer so you don’t file a workers’ compensation claim. This is actually illegal.
- Throughout the injury claim procedure, you have the right to obtain legal representation from work injury lawyers in California.
California law allows you to file a third-party lawsuit against a negligent party other than your employer if their actions contributed to your workplace injury. Your employer cannot legally retaliate against you for filing a workers’ compensation claim. Retaliation, such as harassment, demotion, or reduction in wages, is prohibited, and violating these protections can result in legal consequences.
Can My Employer Fire Me After A Workplace Injury?
In California, employers are generally prohibited from firing, demoting, or retaliating against an employee for filing a workers’ compensation claim. If you experience retaliation, a work injury lawyer can explain your rights and options for addressing the situation.
Is It Legal For My Employer To Fire Me While I’m On Disability Leave?
While California laws protect workers from retaliation, being on workers’ compensation does not protect you from being laid off. For example, if your disability prevents you from doing your job, you could get fired. Your employer might also dismiss you legally for various reasons, especially if you’re an “at-will” employee.
You can still receive benefits, even if you’ve been fired. However, if you believe you were fired because you filed a workers’ compensation claim, that could be considered retaliation, which is illegal. Seek the help of our work injury lawyers in California for guidance.
How Personal Injury Vs. Workers’ Compensation Differ
California requires employers to carry workers’ compensation insurance for their employees in the event of workplace injuries. This policy allows injured employees to recover their medical costs, partial lost wages, and disability, provided that they sustained the injury during work-related activities and not “horseplay” or similar negligent behavior.
A workers’ comp claim is different from a personal injury claim, which is the other option for financial recovery following a work injury. These differences, discussed below, can quickly make the claim process complicated. Our California work injury lawyers are here to guide you through both options.
Do I Need To Establish Fault And Negligence?
First off, workers’ comp claims do not rely on proving fault, be it on the employer’s or employee’s part. The insurance coverage provides no-fault benefits to eligible injured workers. This means you don’t have to prove your employer or someone else caused your injuries to receive compensation. On the other hand, personal injury cases require proving negligence to seek damages. Your work injury lawyers need to prove that the at-fault party’s wrongdoing caused your injuries and losses.
Here’s an example involving a contractor supervisor rather than a full-time employee. If they failed to adequately oversee your workplace operations, leading to an accident that injured you while working, this could be grounds for a legal claim.
In a third-party claim, you would need to show that the supervisor owed a duty of care and that a breach of that duty contributed to the accident. If successful, the court may award compensation based on the proven negligence. After proving the contractor’s negligence, their insurance company may pay for your damages through a negotiated settlement or court judgment.
In contrast, workers’ compensation allows you to seek benefits directly from your employer’s insurance without needing to file a case to prove the contractor’s liability.
Can I Sue My Employer After A Work Injury?
Generally, you cannot sue your employer for a work injury because workers’ compensation is the exclusive remedy. Still, you can sue if the injury was caused by the employer’s gross negligence, serious and willful misconduct, or an intentional, harmful act. In these exceptional cases, you could seek additional compensation for damages not covered by workers’ comp, such as pain and suffering.
Cases Where You Can Sue Your Employer
If any of the following exceptions apply, you can file a civil suit against your employer and pursue workers’ compensation benefits simultaneously. Talk to our work injury lawyers in California to learn more about your options for financial restitution.
Here are some cases where you may be able to sue your employer:
- Your employer, or a fellow employee, with your employer’s knowledge or consent, attacked or assaulted you deliberately.
- Your employer fraudulently hid information regarding a dangerous condition at work or intentionally misrepresented your injury’s existence and/or severity.
- Your employer is uninsured or doesn’t carry workers’ compensation insurance, which violates the law. Remember, what you’ll get under workers’ comp depends entirely on the coverage your employer carries.
- Your employer can be held liable under the concept of “dual capacity,” wherein you got injured during a non-work and non-employer-related situation. They can be subject to premises liability if, for example, you have a slip-and-fall injury on their property while you are not on the clock. They can also be subject to product liability if they manufacture a product that injures you in a non-work environment.
- In a specific situation, your employer modifies a power press machine (a cold metal stamping machine used to cut, form, shape, and punch metal) by removing a guard to make the machine run faster. In the end, it cannot be operated safely.
What If I’m Injured At Work But My Employer Is Uninsured?
Workers in California, documented or otherwise, can apply for benefits through the Uninsured Employers Benefits Trust Fund if their employer is uninsured. (Note that being uninsured as an employer is illegal and punishable by law.) The fund covers medical costs upfront and then bills the employer for the benefits it paid to the employee. Reach out to our work injury lawyers in California to know more about this option.
Can I Sue A Party Other Than My Employer For My Work Injury?
You can pursue a third-party liability claim by suing someone other than your employer, like in the case of the supervisor-contractor above. Since third-party claims can be complex, consulting with a California work injury attorney can help you understand your legal options and the steps involved in pursuing such a claim.
Third-party work accident cases are usually brought against supervisors, employees from other organizations, general contractors, subcontractors, property owners or managers, construction companies, and manufacturers of defective products.
Filing a third-party claim is only possible under personal injury law, which means the plaintiff needs to prove the defendant’s negligence. It entails filing against the at-fault party’s insurance provider in a state or federal court. A third-party claim may allow recovery for certain damages that are not available through workers’ compensation benefits.
It is also possible to pursue workers’ compensation benefits and, depending on the circumstances, file a third-party liability claim afterward. This approach can help address losses that may not be fully covered by workers’ compensation alone.
Can I Recover Damages For Pain And Suffering?
If you pursue a workers’ comp case, know that you cannot obtain benefits for pain and suffering, along with other types of damages. Workers’ comp benefits only cover the following:
- Medical care, including medication, hospitalization, doctor visits, and surgeries
- A portion of lost income related to temporary disability, permanent disability, and supplemental job displacement
- Death benefits
You cannot claim future medical costs (unless your case is settled with a stipulation of award rather than through a lump sum), lost earnings and reduced capacity, permanent injuries, and other non-economic damages like loss of enjoyment of life. However, these damages may be pursued in a personal injury claim with the assistance of experienced work injury lawyers.
Damages For Third-Party Work Accident Cases
In a third-party personal injury claim, you can seek more comprehensive compensation compared to workers’ compensation. Recoverable compensatory damages fall into two categories: economic (financial losses) and non-economic (intangible losses). These can include:
- Present and future medical expenses.
- Lost wages and compensation for reduced or loss of future earning capacity.
- Repair or replacement for property damage.
- Disabilities, permanent injuries, disfigurement, or scarring.
- Pain and suffering.
- Mental health issues.
- Loss of consortium for spouses of the injured victim compensates for the loss of companionship, comfort, sexual relations, and any kind of relationship loss.
- Loss or reduced enjoyment of life.
While bringing a personal injury claim can be more challenging than filing one for workers’ comp, the former usually yields higher compensation than the latter. Hire our work injury attorneys in California and understand the full scope of your damages.
How Long Can I File A Claim After A Work Injury?
After a work injury, you must notify your employer within 30 days of the accident. Next, your employer must provide you with a workers’ comp claim form, which you need to complete and turn in. They must then forward the form to their insurance company within ten (10) days.
Within two weeks of receiving your claim, the insurance provider will examine your case and update you on its status, often providing an initial settlement offer. You can accept the settlement offer or consult a California work injury lawyer to determine whether a third-party claim is possible.
Most personal injury claims have a two-year statute of limitations. For injuries that are not immediately discovered, the two-year statute of limitations generally begins on the date you become aware of the injury. Regardless, both claims have tight deadlines; the courts and insurers take this timeframe seriously, so you must know it. Delaying can result in forfeiting your rights to compensation, even if you can prove someone is at fault. Consider consulting with our California attorneys who handle work injury claims to understand your options and time limits for filing a claim.
Where Can I Find The Required DWC-1 Claim Form?
If your employer does not give you the DWC-1 claim form, you can obtain it on the California Department of Industrial Relations > Division of Workers’ Compensation website. Generally, they are mandated to provide you with the form and notice of potential eligibility within 24 hours of your work-related injury report.
How Long Does The Insurance Company Usually Take To Look Into A Claim?
The time it takes an insurance company to review a workers’ compensation or work injury claim can vary depending on the complexity of the case, the type of injury, and the documentation provided. Some claims may be processed within a few weeks, while others, especially those involving serious or disputed injuries, can take several months. Consulting with a work injury attorney can help you understand the typical timeline for your specific situation and what steps to take while your claim is being reviewed.
Can I File A Claim If I Discovered My Injury Late?
Yes, as long as you stick to the statute of limitations. Many work-related injuries directly result from accidents like slips and falls; others develop gradually and take time to appear, such as in the case of RSIs. This kind of occupational damage that occurs over a long period is called cumulative trauma. A classic example, aside from carpal tunnel syndrome, is back problems after lifting heavy objects for months or years.
Is The Filing Process Different For Gradual Injuries?
In cases of cumulative trauma or injuries that develop over time, you still have one year after you discover the injury to file a claim.
The one-year deadline only starts when 1) there is an injury and 2) you know or should have known that your job caused it. Our experienced work injury lawyers in California can help expedite the process and help you meet legal deadlines.
When To Get A Lawyer For A Work Injury
California law already provides injured workers with an outlet to recover compensation after a work injury through the workers’ compensation law. As such, straightforward work injury claims are sometimes resolved without legal representation. To better understand your rights and options, it may be helpful to consult a work-related injury attorney, particularly if:
- You sustained severe, life-changing, and/or permanent injuries.
- Your employer and/or their insurance provider denied or disputed your claim.
- You’re not sure whether or not the settlement offer is fair.
- You cannot reach an agreement with the insurance company regarding your settlement.
- You disagree with a QME report, and you want to dispute it.
What’s Disability Rating And Its Effects On My Work Injury Benefits?
The disability rating scale is used to estimate how much your disability limits your capacity to work and earn a living. This rating is crucial in determining the amount of permanent disability benefits you can receive.
The rating is expressed in percentages, where 100% means permanent total disability (which is rare). Most injured workers do not sustain permanent disabilities. Their rating usually falls between 1% and 99%, indicating permanent partial disability.
Calculating permanent disability benefits considers several factors:
- Your medical condition, as evaluated in your medical report.
- The date of your injury.
- Your age when the injury occurred.
- The work you were doing when the injury occurred.
The amount you will receive depends on several other factors. In addition to the disability rating, the claims administrator will also consider your income prior to your injury to determine how much you should get. If this sounds confusing, contact our California work injury lawyers. We can discuss how your permanent disability rating may affect your eligibility for compensation and what options may be available to you.
Will My Work And Injury Type Impact My Permanent Disability Benefits?
The type of work you do, the severity of your injury, and its location are all crucial factors in determining your permanent disability benefits. These benefits compensate for the wages you lost due to the injury. Generally, more severe injuries that affect long-term ability to work may result in higher benefits, while minor injuries with limited impact on work capacity may result in lower benefits.
What Causes Work Injuries?
Understanding and addressing the causes of work injuries is crucial to preventing them. Negligence can be a factor, but it’s not always the case. Common factors that contribute to workplace injuries include:
- Insufficient Training — One major reason workers get injured in the workplace is that they lack proper training. As a result, they don’t know how to carry out their tasks effectively and safely. They might not know how to handle equipment or adhere to safety procedures, potentially leading to accidents.
- Poor Safety Regulations — Accidents are more likely to occur in workplaces with poor safety standards and inadequate policies. Weak enforcement of safety regulations and procedures can significantly increase the likelihood of workplace injuries among employees.
- Not Enough Personal Protective Gear — The use of PPE greatly aids employee protection against risks and hazards in the workplace. They can get exposed to harm if employers fail to provide or enforce the proper use of PPE.
- Human Error & Negligence — Most work injuries can be attributed to negligence and human error. Ignoring safety precautions, taking shortcuts, failing to pay attention even for a split second, and other careless behavior can lead to lasting or irreversible damage.
The Typical Effects Of A Work Injury
Accidents at work and the resulting injuries often have serious effects on both the employer and employees, from their physical and mental well-being to their finances.
- Effects on Physical Health — Injuries sustained in the workplace and elsewhere can cause tremendous physical pain and discomfort. The suffering can also linger due to temporary or permanent disabilities. There’s a possibility that you need to undergo medical procedures, surgeries, or rehabilitation to heal from your injuries.
- Effects on Emotions & Mental Health — More than the physical consequences, workplace injuries can affect the harmed worker emotionally and psychologically. You may suffer from anxiety, depression, or a fear of going back to work, aside from a potential PTSD or post-traumatic stress disorder.
- Effects on Finances — Workplace accidents frequently result in financial difficulties for the injured employee. You might have a hard time paying for your medical care when you have no income due to missed work. In the worst-case scenario, your injuries could affect your ability to earn a living in the long run. Employers also face financial burdens, from increased insurance premiums and lost productivity to potential legal expenses.
Ways To Prevent Work Injuries
Employers and companies can take a number of proactive steps to establish a secure workplace, from providing safety training programs to maintaining equipment regularly.
- Regular Inspections — Regular safety inspections enable employers to spot risks and potential hazards. They must conduct timely inspections of work areas, equipment, and other risk factors to identify possible causes of accidents and injuries.
- Regular Maintenance — Employers should perform routine maintenance immediately following inspections to guarantee the safe operation of machinery and other tools. They must set up maintenance schedules that address and fix broken or malfunctioning equipment. They should also encourage staff to report any problems they run into right away.
- Safety Training — It is critical to implement thorough safety training programs for all employees, regardless of their position. These programs will help reinforce safe work habits, including identifying hazards, proper handling of machinery and equipment, and knowledge of emergency protocols and general safety guidelines.
- Culture of Safety — All the training programs, regular inspections, and maintenance would be meaningless without cultivating a culture of safety within the workplace. This involves fostering an environment of open communication regarding safety issues, rewarding workers who put safety first, and advocating for a proactive strategy for hazard prevention.
Assessing who is at risk and how, when, and why workplace accidents occur is crucial to reducing the likelihood of work injuries. Despite all efforts, it’s impossible to eradicate work injuries completely.
If you’re an injured worker, you may require extensive medical treatment. Depending on the facts of your case, consulting with an attorney experienced in work-related personal injury claims can help you understand your options for pursuing compensation.
Do Employers Need To Provide Safety And Injury Prevention Programs?
Every employer in the Golden State is legally mandated to ensure that their workers have a safe and healthy work environment. The California Occupational Safety and Health Act of 1973 requires them to write and establish an Injury and Illness Prevention Program.
This program can vary depending on your workplace and the demands of your job. Construction workers, for instance, are subject to an IIP Program concentrating on job site safety, while employees who use computers are under a different safety program.
Frequently Asked Questions About Work Injury In California
Can I Select My Own Doctor For A Workplace Injury?
For workers’ compensation cases, your employer or their insurance carrier typically provides a list of approved medical providers, though you may be able to request a change in certain situations. In personal injury claims, you generally have more flexibility to select a physician who can evaluate and treat your injuries. Consulting with a work injury attorney can help clarify your options based on your specific case.
Does Workers’ Compensation Cover Undocumented Workers?
Yes. Regardless of immigration status, all workers in California are eligible to claim workers’ comp benefits. The California Labor Code Section 3351 defines “employees” to include “aliens” and “minors,” even if they are “unlawfully employed.”
Their residency status should not affect their eligibility for permanent disability and medical care benefits. In fact, they can be compensated for work injuries even if they lied on their application or lacked proper employment documentation.
How Much Do Workers’ Compensation Lawyers Charge In California?
Our experienced work injury attorneys work on a contingency basis. We only charge legal fees if we secure compensation on your behalf. These fees come from a portion of the settlement or verdict.
Several factors influence how much personal injury attorneys charge in California, including:
- The complexity of the case.
- The severity of your injuries.
- The type and number of defendants involved.
- The anticipated time and resources required to resolve the claim.
How Much Is California’s Average Workers’ Compensation Settlement?
There is no fixed amount for workers’ compensation settlements in California. The value of a claim depends on factors such as the severity of the injury, medical expenses, lost wages, and the specific circumstances of the case.
Do Independent Contractors Get Workers’ Compensation Benefits?
Independent contractors are not employees and, thus, cannot receive workers’ comp benefits. Other professions that are not considered regular employees are:
- Doctors
- Dentists
- Veterinarians
- Lawyers
- Accountants
- Public stenographers
The difference matters if you’re injured at work. The employer may misclassify your status to avoid paying workers’ compensation, while the insurance company may deny your claim since you’re not employed. Whatever the case, you can contact our work injury lawyers if your claim is refused based on these grounds. We can evaluate if you are eligible for the benefits and explore your legal options.
California Work Injury Statistics
The U.S. Bureau of Labor Statistics reported the following facts and figures regarding work injuries in California:
- The fatal work injuries in California totaled 439 in 2023.
- Transportation-related accidents accounted for 133 of these fatalities, while exposure to harmful materials or the environment resulted in 130. Both categories comprised 49% of all workplace deaths in the Golden State.
- The third-most frequent factor behind fatal work injuries was violence by people or animals, with 95 fatalities. Falls, slips, and trips led to 79 deaths.
- A total of 66 fatal occupational injuries came from the private transportation and warehousing industry, the highest among all sectors. Out of the total, 24 came from the general freight trucking industry.
The private construction industry had 78 fatal work injuries. Of this number, 12% or 52 cases came from the specialty trade contractors subsector.
Consult With Our Work Injury Lawyers In California
If you’re thinking, “I need a personal injury lawyer in California for a work injury,” you can explore your legal options with Arash Law. Our work injury lawyers understand the challenges faced by injured workers and provide legal guidance throughout the claims process. Depending on the facts of your case, you may have different avenues for pursuing compensation, including filing a third-party claim in addition to workers’ compensation benefits. Call us at (888) 488-1391 or complete our contact form for a free case review.
Our work injury lawyers represent clients in Los Angeles, San Diego, Anaheim, Oakland, San Francisco, San Jose, Bakersfield, Stockton, Riverside, Fontana, Santa Clarita, Sacramento, Fresno, Irvine, Long Beach, Modesto, Orange County, Kings County, San Bernardino County, Humboldt County, and throughout California.
