California Work Injury Lawyers
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Our Compassionate California Work Injury Lawyers Fight For The Average Joe
Every job involves risks. That’s why California law grants injured workers the right to pursue compensation. If you got hit while driving a company car, slipped and fell during work, or were gravely hurt on a construction site, the California work injury lawyers at Arash Law can carry the burden of securing financial recovery on your behalf. Schedule a free initial consultation with our legal team and learn about your options by calling (888) 488-1391 today.
Accidents in the workplace send countless workers to the hospital each year. 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.
If you’re an injured worker, California workers’ compensation law guarantees medical care and permanent or temporary disability payment, among other benefits, regardless of who caused the accident. Employers must carry insurance policies and provide workers’ compensation benefits. Still, depending on your case’s circumstances, you can maximize your monetary award through a personal injury claim.
Arash Khorsandi, Esq., and his team of California work injury attorneys have led work-related injury claims to success for decades. As champions for the average Joe, you can rely on our winning track record, extensive experience, and in-depth knowledge to successfully resolve your case. Start your legal journey with us today!
What To Expect When Working With Our California Work Injury Attorneys
With legal expertise gained over the years, our team of experienced California work injury lawyers will help you secure the best payment for your workplace injury case. Even with impressive credentials, however, you might find it difficult to fully trust your future to a lawyer if you have never been through the claims process yourself. It’s important to know what you’re getting once you hire us.
Honesty & Transparency
Our work injury law firm believes trust is the foundation of every strong relationship, including the one we build with you as your legal counsel. From the initial case review to the negotiation table, we will inform you about your case’s progress. We are committed to providing you with the truth, even if it’s something you may not want to hear, so you can make well-informed decisions.
In-Depth Knowledge
Our lawyers thoroughly understand California workers’ compensation law and have a wealth of experience effectively resolving cases in and out of court. Our skilled attorneys will serve as your advocate, from understanding the legislation deeply to navigating the complex legal process effectively.
To get to know our work injury attorneys better, don’t hesitate to ask us about their law school background, State Bar of California membership, and workers’ comp law experience.
Personalized Attention
While our accident lawyers have tight schedules, we will never take on too many tasks that would put your case on the back burner. Your case will always be a priority, no matter how busy we are. We diligently address all your concerns and provide the personalized service you deserve. Arash Law will make you feel valued and heard. At the very start, we will set our expectations to ensure you won’t feel pushed aside.
Professional And Compassionate Service From Our Work Injury Lawyers
Our experienced work injury lawyers treat each case professionally and empathize with our clients. We are dedicated to providing expert legal representation and compassionate support throughout the process.
Demonstrating Excellent Personal Presentation
The professional and respectable appearance of our lawyers is not just for show on our websites and elsewhere. They are presentable and well put together in person, too. Despite being always busy, they remain organized, never missing any appointments or mixing up case details.
Our lawyers for work injury cases look and act confident, giving you a better chance of convincing the insurance company or a judge and jury that you deserve fair compensation.
Getting You The Necessary Medical Treatment
If you struggle to obtain the necessary medical treatment, our work injury attorneys can connect you with doctors and medical evaluators in California. Being legally represented is especially crucial when you have a preexisting condition, and the insurance company blames it for your injury rather than the workplace accident. We can help establish a clear connection between your injury and the workplace accident through your medical records.
Advocating For Your Best Interests
Our priority is your total well-being. To help you recover physically and emotionally, we will fight for your right to full compensation and regain financial stability. Our legal team will provide individualized and empathetic legal services to workplace injury victims.
Providing Peace Of Mind
Medical bills and other expenses that keep adding up as you recuperate are stressful. Having legal counsel to take on the legal burden can improve your mental health during this trying time. We are always available to answer your questions and communicate openly with our clients.
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 Will Our Work Injury Lawyers Help You Recover Compensation?
Our work injury lawyers have mastered how to handle worker’s compensation claims with confidence. Our team will conduct a comprehensive investigation by 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.
Tracking expenses while recovering and estimating your claim's value can be difficult. Let our skilled legal team do the work. We aim to ensure you receive all the benefits and damages you are entitled to.
We will negotiate a fair settlement with the other parties and insurance companies. If they refuse to cooperate, our litigation attorneys won’t hesitate to take legal action and represent you in court. Legal representation can help you prove your case and maximize your chances of success in front of a judge or jury.
Your application's quality is an essential factor in the success of your claim. Even a minor error can change a favorable result. To avoid such technicalities, our California injury lawyers specializing in work injury cases will guarantee all paperwork is properly completed and filed on time.
Our Lawyers Produce Winning Results
It’s understandable to wonder whether hiring a lawyer for your claim is worth the investment. After all, you can get compensation without legal representation. However, insurance companies often take advantage of injured victims by delaying tactics and other strategies that underpay or deny their claims. The dedicated work injury lawyers California trusts see through these tactics, ensuring injured parties receive the maximum settlement.
Our lawyers know how to strategize to reduce risk while maximizing the potential for huge returns. Whenever you’re unsure, you can always discuss with us why we believe a certain strategy would be most effective.
Our California work injury attorneys have won life-changing workers’ compensation cases, including the following:
- $11,250,000 – Our client sustained a severe traumatic brain injury (TBI) after falling four stories down an elevator shaft. The structured settlement includes a lump-sum payment of $500,000 and a monthly payment of $33,000 for the rest of our client’s life.
- $6,500,000 – Another client suffered a mild TBI and spinal cord injury after falling off a roof. After the employer initially denied liability, we took the case to court and were able to secure in-patient rehabilitation in addition to the settlement sum.
You can count on our work injury lawyers in California to deliver the same results for you.
Workers strive hard to make ends meet. A work-related injury, especially one caused by negligence, only adds to their burdens. Our mission is to help them in their time of need. The lawyers at Arash Law represent the average Joe after a work-related injury in California, offering hope amidst a complex legal battle.
Employers In California Are 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 their family can bring a claim or legal action against the liable party. Aside from the employer, it could be someone else in case a defective product, a coworker, or another third party caused the incident.
Our work injury attorneys in California will help you identify who’s at fault and pursue monetary recovery from them. We have successfully managed cases involving different work injuries, from severe injuries such as fractures and burns to catastrophic ones like paralysis and TBIs.
California Workers' Compensation For Work Injuries
The California Workers’ Compensation law safeguards the employer and employee in case of a work injury. The employer is guaranteed not to be held liable, while the employee is promised coverage for their medical expenses. Some injured workers are even assured of compensation during and after their recovery, but that’s not always the case.
While we commonly think of construction workers and heavy laborers as getting injured on the job, people from different industries are also at risk. Workers’ compensation claims are filed from a wide variety of workplaces. You can be eligible, for instance, if you trip over loose wiring in your office and get injured. Even that is considered a workplace injury.
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. Without your employer’s awareness, getting compensation will be challenging, if not impossible. You must take immediate action.
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. You can make your case by hiring the best work injury lawyers California depends on.
Common Types Of Work Injuries By Industry
From minor mishaps to serious accidents, workplace injuries affect the employees’ emotional and financial well-being, not just physical health. Having seen this firsthand, our California work injury lawyers have helped injured employees recover compensation. The most common instances include the following:
Construction Industry. It’s very risky to work in the construction industry. Workers can sustain injuries after:
- 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 can suffer injuries from:
- Getting entangled in equipment or machinery
- Being exposed to hazardous substances, most notably in manufacturing plants
- Repeating the same tasks, which leads to 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
- Lifting and moving patients repeatedly, resulting in musculoskeletal injuries
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 and extension cords, or cluttered workspaces
- Getting vision problems or eye strain due to extended computer use
- Sustaining ergonomic injuries because of poor workstation setup
Which Illnesses Or Injuries Are Legally Classified As Work-Related? What Are The Exceptions?
Any disease or injury that develops due to work or while you are working is considered work-related. You might be eligible for workers’ compensation benefits for this.
However, in addition to physical injuries, you may also be eligible for compensation for psychiatric injuries. A work-related injury lawyer will ensure you receive all damages you’re entitled to, including for illnesses exacerbated or partly caused by the workplace or the nature of work.
Of course, there are exceptions. If you intentionally caused your own injury, for example, due to a fight you started with a coworker, a crime you committed while working, or intoxication from alcohol or drugs, then you might not be entitled to benefits.
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 the most common workplace accident cases our California work injury lawyers handle.
Slips, Trips, & Falls
Slips, trips, and falls are the leading cause 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. So, if you slip and fall in the workplace, call our trusted 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 and lead to fractures, lacerations, and 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 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 usually results in major injuries and even death.
Our construction accident attorneys in California also commonly see employees falling from heights, getting hit by heavy equipment, and sustaining injuries from power tools. Traumatic brain injuries, spinal cord damage, and bone fractures are among the most severe injuries our California attorneys for work injury claims have helped victims recover compensation for.
Welding Accidents
The construction industry 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 life-altering scars and disfigurement caused by these injuries can never be fully compensated for financially. Nevertheless, our California work injury lawyers can help injured victims secure maximum compensation to alleviate their financial burdens.
Trenching Accidents
OSHA enforces strict regulations to help prevent the risk of trenching and excavating accidents on construction sites. Still, accidents due to collapsed excavation sites and trenches kill dozens and injure hundreds of construction workers annually.
Unless they are formed of firm rock, trenches five feet and deeper should have a protective system in place. Ladders and ramps should also be provided for safe access to and from excavation sites. Injuries caused by violating these safety measures require immediate and extensive medical treatment. If you are injured due to a trenching accident, consider consulting with trusted California work injury lawyers to discuss potential compensation 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 must consult with our California attorneys for work injury cases to ensure financial recovery.
Warehouse Accidents
Warehouses have one of the highest rates of accidents and serious to fatal injuries. These 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. This situation calls for the expertise of our work injury lawyers in California, who can fight for the often neglected rights of the average warehouse employee.
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, our work injury lawyers in California will look at possible violations of standard practices. 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, PPEs, 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, receiving counsel from the work injury lawyers California residents trust the most remains a wise decision. Determining liability alone can make your claim difficult. Work-related injury cases may involve multiple parties, from your employer and coworkers to the product manufacturer or another third party.
Also, if they make it hard for you to pursue your rightful compensation, our attorney’s litigation skills will prove beneficial in filing a civil lawsuit.
What To Do If You Get Injured At Work
You can be entitled to workers’ compensation benefits or more if you’re injured while working. However, for our work injury lawyers in California to expedite the claims process and protect your rights, you must take several crucial steps after the accident. If you’re able, following these steps will also ensure your 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. After completing one, you should receive a copy from your employer. The insurance company should notify you of your claim’s status within two weeks of submission.
- Talk to the best work injury lawyers California has to offer. Some claims are handled unfairly. Working with work injury attorneys increases your chances of obtaining the maximum benefits you are entitled to. Call (888) 488-1391 today for a free case evaluation.
What Are My Rights After A Work Injury In California?
As a worker in California, you need 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 trusted medical professional.
- After getting injured at work, you are entitled to file a workers’ compensation claim and receive benefits.
- You are entitled to 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 trusted California work injury lawyers.
California law allows you to file a third-party lawsuit against another insurance company or workers’ compensation claim without fear of retaliation from your employer. They cannot harass you in the workplace or retaliate by reducing your wages, demoting you, or taking any other actions that negatively affect your employment. Know that they could face sanctions for violating your rights by making it hard for you to seek compensation for a work-related injury.
Can My Employer Fire Me After A Workers Comp Injury?
No, it is illegal for employers to discriminate against their employees or fire them for filing a workers’ compensation claim. In California, you are entitled to an extra $10,000 in benefits and back pay from your termination date if your employer dismisses you, threatens to fire you, or treats you unfairly for submitting such a claim.
Is It Legal For My Employer To Fire Me While I'm On Disability Leave?
While California laws protect workers from retaliation, being on worker’s comp 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.
Personal Injury Vs. Workers’ Compensation – How To Recover Work Injury Benefits In California
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 it all.
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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. Suppose they failed to adequately oversee your workplace operations, leading to an accident that injured you while working. You can hold them, not your employer, accountable by establishing their negligence through a solid case. In essence, you must prove that they owed you a duty of care and breached that duty, resulting in the accident. The court may then award you compensation.
After proving the contractor’s negligence, their insurance company will pay for your damages through a negotiated settlement or as a jury award 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?
Consequently, you cannot sue your employer for negligence after obtaining workers’ compensation benefits, even if you believe they played a role in your accident. Following the example above, you may believe your boss could have done more to prevent the contractor’s negligence.
This system is considered an “exclusive remedy.” This means that the insurance your employer provides will cover all your medical expenses for the injury. In exchange, you give up your right to sue your employer and coworkers. Nonetheless, the State of California provides five exceptions that allow you to sue your employer and pursue compensation outside of the system.
Cases Where You Can 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 were 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. It’s essential to remember, though, that only California work injury attorneys skilled in litigating can assist you in succeeding in such a complex legal battle.
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. This process allows you to recover additional damages not available in a workers’ comp award. As such, lawsuits generally lead to a higher payout as workers’ comp benefits limit your chances of maximizing compensation.
It’s essential to know how this system can affect you. It’s possible to pursue workers’ comp benefits and then file a third-party liability lawsuit, such as in the contractor’s case. This way, all your incurred losses can be sufficiently covered.
Our work injury lawyers serving California recovered $1 Million for a client whose case was referred to us by a workers’ comp attorney. The referral happened merely two months before the statute of limitations for personal injury cases would expire. What was initially deemed an exclusive workers’ comp claim turned out to include a third-party liability. Our litigation team resolved the case for the maximum policy limits in less than six months.
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 can be covered in a personal injury claim with the help of our 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 damages
- Disabilities, permanent injuries, disfigurement, or scarring
- Pain and suffering
- Mental health issues
- Loss of consortium for spouses of the injured victim, compensating 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 a 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 with our California work injury lawyer to determine whether a third-party claim is possible and ensure you’re fairly compensated.
Most personal injury claims have a two-year statute of limitations. Additionally, you generally have one year from the date of injury or its discovery to pursue compensation. Regardless, both claims have tight deadlines; the courts and insurers take this timeframe seriously, so you must know them. Delaying can result in forfeiting your rights to compensation, even if you can prove someone is at fault. Consult our California attorneys, who specialize in work injury claims, immediately to ensure precious time is not wasted.
If My Employer Hasn't Given Me The Required DWC-1 Claim Form, Where Can I Find It?
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 Typically Take To Look Into A Claim?
The insurance company providing the workers’ compensation benefits has up to 90 days from the date you file a claim form to approve or reject it. During this evaluation period, you are still eligible to get medical care.
If your employer doesn’t deny your claim after you file the form within 90 days, your work injury will be presumed covered under workers’ compensation. Even if your claim is ultimately rejected, you will still be eligible for up to $10,000 in medical care. Contact our California work injury lawyers if your claim is denied. We can guide you through the appeal process and develop a strategy for the best possible result.
Can I File A Claim Even If I Didn't Find Out About My Injury Immediately Or If It Took Time To Develop?
Yes, as long as you stick to the statute of limitation. 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 Process Of Filing For Workers' Compensation Different If I Contracted A Work-Related Illness Or If My Work Injury Developed Over Time?
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. The work injury lawyers California residents seek for expertise can help expedite the process, ensuring you won’t miss the deadline.
When To Get A Lawyer For 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. However, to ensure your rights are protected and your losses are fully compensated, it is best to hire work-related injury lawyers near you, especially 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 Is Disability Rating And How Does It Affect 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 will address your concerns about how your permanent disability rating might affect your compensation.
How Will My Type Of Work And Injury Affect 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. The more incapacitating your injury is, the higher the potential amount your California work injury attorney can recover for you. The opposite is also true; you might get less for a minor one that has no long-term effects on your capacity to work.
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. Our work injury lawyers in California have identified the following factors in the hundreds of cases they have handled:
- 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 PPEs 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 PPEs.
- 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. The work injury lawyers California residents turn to have helped injured workers and their families effectively deal with the following consequences:
- 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. You will most likely 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 could 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
Our California work injury lawyers have always maintained that the secret to lowering work injuries is prevention. 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 will likely require extensive medical treatment. Let our skilled California attorneys specializing in work injury cases help you recover compensation for your medical care and other damages.
Is My Employer Mandated 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 (IIPP) 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?
Your employer generally decides who your doctor is for your initial consultation. After that, you can choose a different one, provided the physician accepts workers’ compensation insurance.
Does Workers’ Compensation Cover Undocumented Workers?
Yes. Whatever their 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?
Workers’ compensation lawyers in California typically use one of two fee structures: hourly rates or contingency fees. Our skilled work injury lawyers work on a contingency basis, meaning they receive a percentage of the total benefits awarded to you, typically ranging from 10% to 20%.
Several factors influence how much personal injury attorneys charge in California, including:
- The lawyer’s reputation and experience—Lawyers specializing in workers’ compensation law typically charge more than those practicing other areas of law.
- The case’s complexity—Hiring a work injury lawyer can be more expensive in complicated cases, such as those involving multiple witnesses or disputes over the injury’s origin.
- The stage of the claim—The later stages of the claim process often involve more legal work, demanding more attorney time and potentially increasing fees.
How Much Is The Average Workers’ Compensation Settlement In California?
The average settlement for workers’ comp claims in California ranges from $2,000 to $20,000. Regardless, you must remember that this average does not represent your potential settlement. Several key factors affect the final amount, including the severity of the work injury, the required medical care, and the length of the worker’s incapacity to perform their job.
Our clients have even recovered millions with our help. Speak with our experienced work injury attorneys in California to gauge the potential value of your claim.
Are Independent Contractors Entitled To Workers’ Compensation Benefits In California?
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 determine 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 504 in 2022.
- Transportation-related accidents accounted for 133 of these fatalities, while exposure to harmful materials or the environment resulted in 132. Both categories comprised 52% of all workplace deaths in the Golden State.
- The third-most frequent factor behind fatal work injuries was violence by people or animals, with 97 fatalities. Falls, slips, and trips led to 79 deaths.
- A total of 85 deaths came from the private transportation and warehousing industry, the highest among all sectors. Out of the total, 44 came from the general freight trucking industry.
- The private construction industry had 75 fatal work injuries. Of this number, 56% or 42 cases came from the specialty trade contractors subsector.
Consult With The Work Injury Lawyers California Trusts!
If you’re thinking, “I need a personal injury lawyer in California for a work injury,” you’ve come to the right place. Our compassionate work injury lawyers are committed to providing exceptional legal representation, which stems from our understanding of the suffering endured by the victims. Call us at (888) 488-1391 or complete our contact form.
Our California personal injury attorneys assist workers injured on the job and their families. We have a proven track record of obtaining the highest settlements and verdicts for our clients’ losses, damages, and injuries. We will explore all possible avenues of achieving compensation that is likely worth more than a workers’ comp claim, including filing a third-party claim.
Our work injury lawyers provide services throughout California, including 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, and Humboldt County.
