Ontario Workplace Injury Lawyers
Powerful Workplace Injury Lawyers Committed to Defending the Injured in Ontario
As our diverse community works hard each day in Ontario, California, isn’t it comforting to know that our local workplace injury lawyers are there to help if an accident happens? As your legal advocates, they will ensure you are heard, protected, and fairly compensated for your injuries. Call Arash Law at (888) 488-1391 to talk to good Ontario workplace injury lawyers today.
Ontario is the third most populous city in San Bernardino County, California. Only about 35 miles east of downtown Los Angeles and less than 25 miles east of San Bernardino, the city expanded from the 0.38 square mile area originally incorporated in 1891 to almost 50 square miles. The city is served by three major railroads, the San Bernardino, Pomona, and Devore Freeways (Interstate 10, California State Route 60, and Interstate 15), and the Ontario International Airport.
Maglite, a brand of flashlight manufactured by Mag Instrument, Inc., is located in Ontario, but the local economy now relates more to service industries and manufacturing, with Cardinal Health, AutoZone, Genuine Parts/NAPA, Meadowbrook Meat Company (MBM), and Nordstrom being among the companies with major distribution centers in the city. The city’s own Comprehensive Annual Financial Report showed that the Ontario International Airport, Safariland, Sam’s Club Distribution, Securitas, Target Distribution, and United Parcel Service (UPS) were the largest employers in Ontario.
According to the 2020 United States Census, Ontario had a population of 177,963, with 50.5% of residents being female, 9.8% being 65 years of age and older, 25.5% being under 18 years of age, and 6.8% being less than 5 years of age. Ontario residents were 69.9% Hispanic or Latino, 40.9% were white alone, 18.0% were two or more races, 7.0% were Asian alone, 5.7% were Black or African American alone, and 1.4% were American Indian and Alaska Native alone.
Ontario remains a busy California city, and many people who work in the greater Ontario area do not expect to suffer injuries on the job, but the truth remains that several people require medical attention for different kinds of workplace injuries. While most people want to think that it should be easy to file a claim for a workplace injury, the truth remains that insurance companies can be notoriously difficult in their handling of these claims. The importance of hiring Ontario workplace injury lawyers cannot be overstated. Their goal is to protect workers’ rights and ensure victims receive just compensation if they suffer work-related injuries or accidents.
A farm worker, suffered multiple broken bones and other orthopedic injuries resulting from an auto accident where the defendant driver attempted to make a left turn in front of our client in heavy fog.– ARASH KHORSANDI
Important Workplace Injury Statistics
The Health & Safety Institute notes that the Occupational Safety & Health Administration (OSHA) identified the four leading causes of fatalities in the construction industry that are known as the “Fatal Four,” OSHA’s “Focus Four Hazards,” or “Construction Focus Four Hazards”:
- Falls – 36.4% of construction fatalities in 2021
- Caught-in or caught-between – 5.4% of construction fatalities
- Struck by an object – 15.4% of construction fatalities
- Electrocutions – 7.2% of construction fatalities
Whether a person lives or works in Ontario, a workplace injury can cause many different kinds of financial issues for the individual, and it can be difficult for a person to know how they recover the financial compensation they can be entitled to. People will want to be sure they are working with experienced Ontario workplace injury lawyers to have the best chance of recovering financially as much as possible.
Arash Law, founded by famous attorney Arash Khorsandi, Esq., represents clients throughout the greater Ontario area and helps people protect their rights in these cases. All people who suffer injuries on the job deserve to get justice in their cases, and our Ontario workplace injury lawyers will be eager to offer assistance to you in whatever ways we can.
How Does Workers’ Compensation Work in California?
Workers’ compensation provides many different kinds of benefits for workers for injuries or illnesses arising out of or caused by work, including medical care to treat an injury, temporary or permanent disability benefits, and possible job displacement benefits. Workers’ compensation can pay medical bills and benefits for temporary or permanent disabilities. However, some people may file Disability Insurance (DI) claims if their employer or employer’s workers’ compensation insurance carrier denies or delays workers’ compensation benefits or a workers’ compensation weekly benefit amount is less than a DI weekly benefit amount. It’s worth noting that people cannot receive both workers’ compensation and DI benefits at the same time.
The California Department of Industrial Relations (DIR) reports that San Bernardino has gone from 27,881 workers’ compensation claims in 2010 to 43,878 in 2021, with a high of 45,375 in 2020 and 429,122 total claims filed between 2010 and 2021. DIR also reported that the 4.5 rate of injury per 100 employees was the third-highest in the state after the 5.2 in San Joaquin and 4.7 in Fresno.
Workers’ Compensation Eligibility in Ontario
Employers are required by law in California to pay for workers’ compensation benefits for their employees, meaning employers cannot rely on a simple general liability policy that will only offer protection for third-party claims. Workers’ compensation insurance provides five basic benefits:
- Medical care – Paid for by an employer to help a person recover from an injury or illness caused by work
- Temporary disability benefits – Payments when an employee loses income because their injury prevents them from doing their usual job while recovering
- Permanent disability benefits – Payments when a person does not completely recover
- Supplemental job displacement benefits – Vouchers to help pay for retraining or skill enhancement if a person does not recover completely and cannot return to work for their employer
- Death benefits – Payments to spouses, children, or other dependents when a person dies from a job injury or illness
There can be confusion about a person’s rights in these cases when they are classified as independent contractors, but people need to understand that an employer saying a person is an independent contractor will not necessarily make that the case. A person is not usually an independent contractor if the person paying them controls the details or manner of their work, has the right to terminate them, pays them an hourly wage or salary, makes deductions for unemployment or social security, supplies materials or tools, or requires them to work specific days or hours.
Statute of Limitations for Workplace Injury Claims in Ontario
The California Labor Code establishes that a person has 30 days to notify their employer, in writing, that they suffered an injury. Notifying an employer of a job-related injury is not the same as filing a workers’ compensation claim.
To officially file a workers’ compensation claim, a person must file an Application for Adjudication of Claim and Declaration Pursuant to California Labor Code § 4906(g) with the Workers’ Compensation Appeals Board (WCAB). The statute of limitations for a workers’ compensation claim in California will be one year from the date of a person’s job-related injury or illness, and failure to file a workers’ compensation claim within one year can mean a person loses their right to file.
If a person files a personal injury claim against an employer or third party, then the statute of limitations will be two years from the date of the injury. Any person who believes they have a personal injury action will want to ensure they are working with the Ontario personal injury lawyers at Arash Law, led by Arash Khorsandi, Esq.
How Important Is an Ontario Workers’ Comp Lawyer?
Many employees can have concerns about how well they are being taken care of in a worker’s compensation case, which is why legal counsel becomes so important. When you are working with skilled workplace injury attorneys in Ontario, you will have the best shot of securing all of the benefits you are entitled to.
When you work with a lawyer in these cases, you will not only have the best chance of recovering the most favorable possible settlement to your case, but you can also ensure that your benefits are paid promptly. People will especially want to ensure they have legal representation when an employer questions whether an injury was work-related, bosses take other retaliatory actions, or injuries were the result of serious misconduct.
When People Should Contact a Workplace Injury Lawyer
Not everyone necessarily needs to hire an attorney for their workers’ compensation claims. Minor injuries that will not involve significant time away from work or medical attention may be filed on a person’s own and can be resolved without much issue.
It is strongly recommended that you reach out to the Ontario workplace injury lawyers at Arash Law, managed by Arash Khorsandi, Esq., if your workplace injury case involves:
- An employer refusing to admit that an injury was work-related, denying a claim, or failing to pay benefits
- A compensation amount being insufficient to cover medical expenses or lost earnings fully
- An injury causing a temporary or permanent disability preventing a person from resuming their previous job, hindering their ability to perform work tasks, or making it impossible to re-enter the workforce
- Receiving or planning to apply for Social Security benefits
- Retaliation actions for filing a claim, including an employer cutting hours, reducing pay, making a work environment hostile, demoting a person, or terminating them entirely
- An injury being caused by serious misconduct on the part of an employer or negligence by a third party
Why You Should Choose Arash Law for Your Workplace Injury Claim
Arash Law, headed by Arash Khorsandi, Esq., has handled scores of workplace injury cases all over California, and we fight to make sure people get everything they are entitled to. Our record of success in these cases includes $11,250,000 recovered for a client who fell four stories down an elevator shaft, sustained a severe traumatic brain injury (TBI), broken ribs, fractured jaw, and several other internal and orthopedic injuries.
The $11.25 million dollar settlement was a structured settlement under which our client received a lump-sum payment of $500,000 and $33,000 a month for the rest of his life. We also recovered $6,500,000 for a client who sustained a mild TBI and spinal cord injury when he fell off a roof.
In this case, the employer denied liability, indicating that our client had been working on the roof as a favor to his employer and was not in the course and scope of his employment, but we took the case to trial and ultimately negotiated a $5.89 million workers’ compensation settlement and $610,000 third party settlement on behalf of our client. We also recovered $5 million in a construction work accident.
How Will Hiring Ontario Workplace Injury Lawyers Help Me?
When you hire an attorney to assist you with your workers’ compensation claim, they will ensure that everything is properly handled with your case. Legal representation is often advantageous to most people because they are not prepared to deal with claims adjusters and investigators, so a lawyer can help people navigate these issues.
Common Kinds of Workplace Accidents in California
Important Steps a Person Should Take After a Workplace Injury
When a person suffers an injury on the job, there are going to be three things they need to do in these cases.
Notify the Employer of the Injured Individual
See a Doctor
A person can see their own personal primary care physician right after they suffered an injury at work if they have health care coverage for medical treatment unrelated to work injuries, they gave their employer written notice known as a predesignation before their workplace injury, and their doctor has agreed in advance to treat them for work-related injuries or illnesses. When a person does not predesignate a personal doctor, the employer or its insurance company will usually establish a medical provider network (MPN) under which people can choose a doctor in the network.
Get Advice from Trusted Ontario Workplace Injury Lawyers
Mistakes People Should Avoid After a Workplace Injury in Ontario
Just as there are three things everybody should do, there are also three common kinds of mistakes in these cases that you will want to avoid.
Waiting Too Long
You not only need to be sure to receive proper medical treatment as soon as possible, but you also need to file your claim within the state’s statute of limitations. People who delay either of these measures can cause major problems with their cases.
Returning to Work Too Soon
While an employer may be eager for a person to return to work as soon as possible, seeking a medical release from a doctor or choosing to come back before a person is physically able can cause not only possible health problems but also workers’ compensation claim complications relating to benefits. A person should only accept a full medical release when a doctor says maximum medical improvement has been reached.
Settling for Too Little
Kinds of Workers’ Compensation Benefits
Workers in California enjoy a number of rights relating to their health and compensation for any workplace injuries. People, in these cases, can be entitled to several different benefits.
Injured workers in California have the right to necessary medical treatment for injuries caused by on-the-job injuries. Employers or the employers’ workers’ compensation insurance provider must provide all reasonable treatment for injuries suffered on the job. Costs should include all medical treatment that will be necessary.
Temporary disability benefits (also known as TD benefits) are payments a person gets from a claims administrator if they cannot do their usual job while they are recovering from their injury or illness, and these benefits are not taxable. If a person can do some work while recovering but will earn less than they did before the injury, they will receive temporary partial disability benefits. If a person cannot work at all while recovering, they will receive temporary total disability benefits. California has a minimum and maximum payment for people with temporary disabilities, with the minimum rate being $230.95 per week and the maximum being $1,570.71 per week in 2022.
Unlike temporary disability benefits, permanent disability benefits are reserved for people who are not expected to make a complete recovery. The benefits pay workers for loss of future earning capacity, which is calculated as a percentage of a person’s ability to compete in the labor market. Permanent disability payments are paid weekly, and payments are two-thirds of the amount of a person’s weekly income before the disability occurred.
Supplemental Job Displacement Voucher
In the event of a fatal work-related injury or medical condition, or when a work injury contributes to a person’s death, workers’ compensation can pay qualifying dependents benefits up to a maximum of $320,000 and burial expenses up to $10,000.
You will want to be sure you work with Arash Law, run by Arash Khorsandi, Esq., so you can understand all of the different kinds of compensation you can be entitled to. Our firm can be by your side the entire time you are dealing with a workplace injury claim, and we are seasoned negotiators in these cases, so we know how to help people recover maximum compensation for their cases.
Can I File a Workplace Injury Claim Against My Employer?
California Workers’ Compensation Benefits Process
A workers’ compensation claim begins with a person suffering a work-related injury, and injuries can be immediate, or they can also be occupational illnesses or repetitive stress injuries that accumulate over the course of several months or years. A person needs to notify their employer of their injury, and the employer must give or mail the person a Workers’ Compensation Claim Form (DWC 1) within one working day after they report the injury or illness.
A person needs to determine their primary treating physician. When a person has a predesignated doctor or healthcare provider in writing with their employer before an injury, that doctor can serve as the primary treating physician for the work-related injury.
In all other cases, a person will need to choose a physician from an employer’s medical provider network (MPN) or health care organization (HCO), or the employer can select a physician for the person. A person will then receive their initial medical care and wait for a claims administrator to review their claim.
When a claims administrator accepts a claim, all medical care will be covered by workers’ compensation benefits. A denied claim will mean that a person is ineligible for benefits, and they must attempt to resolve the disagreement or pursue an appeal.
Kinds of Compensation for Workplace Accidents in California
When a person has reason to believe their employer caused or contributed to their injury, then a personal injury action can be necessary instead of or in addition to a workers’ compensation claim. People only have two years to file these kinds of actions, so it is important to get an experienced Ontario personal injury lawyer involved in your case as soon as possible.
A personal injury case has the potential to provide numerous kinds of economic damages to people, including awards for lost income, medical bills, or property damage. Non-economic damages in these cases can include pain and suffering, mental anguish, or loss of enjoyment of life.
When an employer is grossly negligent in their practices, then punitive damages can also be possible in a select few cases. California Civil Code § 3294 establishes that punitive damages or exemplary damages are available in cases in which an employer is guilty of oppression, fraud, or malice.
If a third party is responsible for a person’s injury or illness, then people can very well have grounds for both kinds of claims. Ontario workplace injury lawyers can help a person achieve a satisfactory settlement with a workers’ compensation insurer as well as file a personal injury lawsuit against a third party.
Settlement in a motor vehicle accident; client suffered internal injuries.– JUDD ROSS ALLEN
Compensation Available to Injured Workers in Ontario, California
Most injured workers in Ontario will have three options for compensation when it comes to workplace injuries. People may be eligible for anywhere from one to all three kinds of the following claims:
- Workers’ compensation benefits – Workers’ compensation benefits are available through both California state and federal law. Most employees in the private sector can file for California worker’s compensation benefits. Government employees, as well as workers in some high-risk occupations, may seek benefits through federal programs.
- Social Security disability benefits – Social Security disability benefits are only paid to workers with substantial work histories. People can apply for Social Security Disability Insurance (SSDI) while receiving workers’ compensation benefits, and they may qualify for both. The Supplemental Security Income (SSI) program also provides monthly payments to people with disabilities or blindness who have income and resources below specific financial limits.
- Personal injury compensation – Personal injury actions are available for workers in Ontario who suffer injuries because of the negligence of other parties or product defects. Workers’ compensation insurance customarily prohibits personal injury lawsuits against employers, with a few exceptions.
What Workers’ Compensation Covers
- Neck and back injuries
- Eye injuries
- Shoulder injuries
- Leg injuries
- Arm injuries
- Repetitive stress injuries
- Occupational respiratory illnesses
- Fractures and broken bones
- Cuts, lacerations, and punctures
- Occupational dermatitis
- Spinal cord injuries
- Musculoskeletal disorders
- Dislocated joints
- Strains, sprains, or tears of muscles, tendons, or ligaments
- Noise-induced hearing loss
- Occupational cancers
- Stress and mental health illnesses
- Chemical poisoning
Frequently Asked Questions (FAQs) About Workplace Injuries
What should I do if I suffer injuries at work in Ontario?
The DIR states that people should immediately report their illness or injury to their employer and seek emergency treatment for the injury. The next step will be filing a claim, and a person should contact Arash Law’s Ontario workplace injury lawyers before filing their claim so they can know everything is being properly handled. Another valuable step people can take in these cases is to photograph their work area when an injury is the result of a single incident and also take pictures of their injuries while they are at their worst.
What are my rights as an injured worker in Ontario?
California workers’ compensation laws give people the rights to file a workers’ compensation claim for any work-related injuries or illness, to see a physician and receive medical treatment, to return to work when approved by a doctor, to receive some form of disability compensation if they are unable to return to work, to appeal a decision made by an employer or their insurance company, to decline an employer attempting to coerce them into not filing a workers’ compensation claim, to decline an employer who tries to get them to pay their work injury-related bills through their own health insurance, not to be bullied or harassed by an employer for filing a claim, and to have a workers’ compensation attorney represent them during the worker’s compensation process.
Can I prove a repetitive motion injury was work-related?
Make no mistake – the United States Bureau of Labor Statistics once reported that musculoskeletal disorders (MSDs) made up 33% of all injury and illness cases. To receive repetitive motion injury coverage, a person will need to provide proof of their injury. The burden of proof will be on an employee to show that a repetitive activity associated with their job led to them developing an RSI. A person must prove their injuries are “more likely than not” to have occurred on the job, usually through an opinion from a physician that an injury was related to a person’s job. Many employers and their insurance companies fight RSI claims and look for other reasons to explain repetitive stress injuries. RSIs can be expensive and may result in long absences from work.
Who will pay for a work-related injury?
Will work-related injuries be covered under workers’ compensation?
Are people still paid if they get hurt at work?
If I cannot return to work, does my employer have to hold my job for me?
If you cannot return to your job because of your injury, your employer may not necessarily hold the job for you. If people cannot return to work, they can be eligible for additional benefits. California Labor Code § 132a establishes that it is illegal for an employer to fire an employee because of a work injury, and even though an employer is not required to rehire an injured worker, being unable to provide a legitimate business reason for doing so may lead to a discrimination claim.
If I cannot return to the type of work I did before I suffered an injury, what can I do?
Some people can return to work with certain restrictions, such as avoiding heavy lifting, avoiding kneeling or squatting, light work, and shorter hours. When an employer cannot offer work within those restrictions, a person does not have to return to work and should speak to qualified Ontario workplace injury lawyers about their rights.
Speak With Our Workplace Injury Lawyers in Ontario Today
Arash Law, overseen by Arash Khorsandi, Esq., has significant experience handling all kinds of workplace injury cases, and we know how to fight for people so they can recover as much compensation as possible. Our firm understands the personal injury claims process that can be involved with some workplace injury cases, and we will help you navigate the entire journey.
You will want to be sure you speak to Arash Law about your case simply so you can understand all of your legal options. Many workplace injury cases can become complicated and difficult for the average person to understand.
Our Ontario workplace injury lawyers serve many surrounding areas of Ontario, including Montclair, Upland, Rancho Cucamonga, Chino, Pomona, Claremont, La Verne, Chino Hills, Mira Loma, San Dimas, Glen Avon, Diamond Bar, Charter Oak, Norco, and Pedley. We invite you to call us at (888) 488-1391 or contact us online to take advantage of your free consultation.