California Workplace Accident Lawyers
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California Workplace Accident Lawyers Advocating For Your Legal Interests After An Injury
Workers in nearly all industries are at risk of being involved in an accident. Even office workers may develop repetitive stress injuries, such as carpal tunnel, and even teachers could be victims of classroom violence and assault; there is no industry in which employees are entirely immune from the risk of injury.
If you’ve been injured on the job, you may have questions about what comes next and whether or not you can be compensated for your injuries. Likely, you’ve been told by your employer that your injuries are eligible for workers’ compensation insurance and that all you need to do is initiate your workers’ compensation claim.
While it is true that your injuries are likely covered under workers’ compensation, workers’ compensation claims can be complex. As a result, workers’ legitimate claims are often denied, or workers are offered only a fraction of the benefits that may be available to them.
Since workers’ compensation claims can be complicated, it’s important to understand your rights within the system. Our workplace accident attorneys can offer you support, guidance, and legal representation when you’ve been injured on the job.
Workers’ compensation is an important coverage type and one that most employers are required to carry in California. However, it may not cover other potential damages, and sometimes, the necessity of a personal injury claim is apparent. Our accident lawyers can help you understand both methods of compensation. You may call us at (888) 488-1391 to schedule a free initial consultation.
California Workplace Accident Lawyers For Work Injury Claims
Workers’ compensation insurance is designed to pay for the medical expenses and a portion of the lost wages of any employees who are injured while performing work-related duties in California. However, an employee who is injured at work may suffer far more than just medical expenses. They may also incur disability, future healthcare expenses, and pain and suffering damages, which are not typically recompensed by workers’ compensation.
As such, an injured employee may consider another form of compensation: filing a third-party liability claim. However, both workers’ compensation and third-party liability claims are legally intensive and can be complicated to navigate without legal training. Our workers’ compensation lawyers in California can assist you.
Our team of attorneys has decades of combined legal experience. We can represent you and help you pursue the financial compensation that may be available after getting injured at work.
After an accident at work, you may need to act promptly because of certain filing deadlines. In certain complex cases, victims can seek guidance from accident lawyers to understand the legal options that may be available based on their situation.
Does v. California Farm (confidential) –settlement for a group of farmworkers who were killed when the car they were transported in to work flipped over in Merced County.– Benny Khorsandi
Have You Been Injured While Working In California?
If you have been injured while working in Los Angeles or elsewhere in California, you probably have suffered physical pain and disability (short- or long-term), medical expenses, lost wages, and various other damages, both economic and non-economic. While injured workers in California who are hurt at work certainly maintain the right to seek benefits for their harm, a workers’ compensation claim may not cover certain damages.
Instead, while you can recoup the full value of your medical expenses, you may only be eligible for a portion of your lost wages, and no damages for pain and suffering are offered. If you have been injured at work, consider working with workplace accident lawyers. We represent workers who have been harmed in various industries, including, but not limited to:
Construction
Industry
Farm and Agricultural
Industry
Oilfield
Industry
Manufacturing
Industry
Mining Industry;
And More
Work Accident Statistics In California
There are hundreds of thousands of employees injured in the state of California while at work every year. Indeed, according to data published by the California Department of Industrial Relations, a single year in our state witnessed 466,000 non-fatal workplace injuries, 78 percent of which occurred in the private industry.
The following year in California, in addition to the tens of thousands of workplace non-fatal injuries, there were also 376 fatal occupational injuries reported in the state. While this is indicative of a downward trend from previous years, even one worker being killed on the job is unacceptable and tragic for that worker and their family.
Certain Industries Are More Dangerous
While no worker is entirely impermeable to the risk of injury, workers in specific industries are at a much higher risk of involvement in a workplace accident and severe subsequent injury. To be sure, according to the same data source cited above, fatality rates were highest in the following industry types:
- Agriculture
- Transportation and utilities
- Construction
- Professional and business services
- Public administration
- Wholesale and retail trade
- Leisure and hospitality
- Manufacturing
- Education and health services
- Other services
Typically, industries where large equipment and machinery are used, such as the construction or oil and natural gas industries, can be more dangerous than others.
Common Causes Of Workplace Injuries
All workers have the right to benefit from a safe working environment; when a safe working environment is not provided, accidents are more common. Typically, accidents are the result of a breach of safety regulations, the negligence of an employer or other workers, or sometimes, property or equipment defects. When a failure to prioritize safety on the job or act with the required duty of care occurs, the following workplace accidents can happen:
- Slips, trips, and falls
- Falls from heights
- Falling objects
- Transportation accidents
- Equipment and machinery accidents
- Explosions
- Fires
- Electrocutions
- Building Collapses
- Trench collapses, and more.
These accident types, regardless of the industry in which they happen, can be extremely serious, leaving workers with severe and long-term injuries.
Common Injuries Victims May Sustain In A Workplace Accident
When a serious workplace accident occurs, a worker may be left with debilitating or fatal injuries. Our work injury lawyers in California have helped workers who have suffered multiple types of injuries understand their right to seek compensation for their harm.
Some of the most common serious workplace injuries include:
- Head and traumatic brain injuries
- Burn injuries
- Electrocution injuries
- Spinal cord injuries
- Loss of limb/amputation injuries
- Crush injuries
- Back and neck injuries
- Soft tissue injuries
- Repetitive stress injuries
- Bone fracture injuries
- Internal injuries.
Workers who acquire occupational diseases as a result of their employment may be eligible to seek compensation. If you experience a workplace accident, serious injury, or an occupational illness, our attorneys can guide you throughout the legal process.
Understanding Workers’ Compensation In California
As stated, most workers who are injured on the job in California are covered under workers’ compensation insurance. The workers’ compensation system provides benefits to cover a portion of a worker’s losses. However, it does not allow workers to seek other types of compensation, such as damages for pain and suffering.
Indeed, workers’ compensation is a type of no-fault system that allows workers who are injured on the job to seek compensation without having to prove their employer’s fault and without worrying about being barred from recovery due to their own negligence. However, in exchange for no-fault benefits, employers are given immunity from liability, which means that you cannot file a lawsuit against your employer for compensation, and the types of benefits recoverable are limited.
Who’s Covered Under Workers’ Compensation?
Under California law, all employers who have one or more employees must purchase workers’ compensation coverage. The insurance coverage must be provided through a licensed insurance company or the State Insurance Fund.
What Benefits Are Available To Workplace Accident Victims?
If you are injured while working, you can file a workers’ compensation claim for certain benefit types. Benefits provided under workers’ compensation in California include:
- Medical Benefits — The one type of expense that workers’ compensation may pay in full is medical expenses. You typically have coverage for all of your necessary and reasonable medical expenses related to the workplace accident, including hospital stays, tests, surgeries, imaging services, equipment, health-related travel costs, prescription drugs, and doctors’ visits.
- Death Benefits — When an accident does lead to a worker’s death, though, a surviving spouse or child, or other eligible beneficiaries, may seek death benefits via workers’ compensation insurance.
- Temporary or Permanent Disability Benefits — If you suffer a disabling workplace injury, you may be entitled to wage replacement benefits in the form of temporary or permanent disability benefits. These benefits are only offered if you miss work for a certain period of time, and are offered at a percentage of your wage before your injury.
- Supplemental Job Displacement Benefits — If you suffer a permanent disability and you don’t return to work for the same employer, you may be entitled to supplemental job displacement benefits in the form of a voucher to offset the costs of paying for skill enhancement or new job training.
How Long Do I Have To File A Claim?
Time is of the essence after suffering an on-the-job injury in California. In fact, you must provide your employer with notice of your workplace accident and injury, in writing, within 30 days of its occurrence. If you fail to provide notice within 30 days, you may compromise your right to pursue workers’ compensation benefits. While your employer should then initiate the workers’ compensation claim process on your behalf, if they fail to do so, you will have one year from the date of your injury, or from when you first learned it was work-related, to file your workers’ compensation claim.
How Do I File A Workers’ Compensation Claim?
As stated above, your employer will typically file your workers’ compensation claim for you after receiving notice of your injury. However, for various reasons, your employer may fail to do this. You should verify that your claim is filed.
The basic process of filing a workers’ compensation claim is explained below:
- Notify Your Employer of the Injury — Again, be sure to notify your employer of the accident and injury as soon as possible, but within 30 days of the incident.
- Ensure All Claim Documents Are Filed — Talk with your employer to determine whether or not the required documents related to your workers’ compensation claim have been filed, and if not, obtain and file these documents yourself. You will undoubtedly need to submit the DWC-1 claim form; you may also require an Application for Adjudication of Claim form, Declaration Pursuant to Labor Code form, and document cover sheet and separator sheet forms. All forms can be obtained online.
- Obtain Benefits — After the proper forms have been filed, an investigation has been conducted, and you have reached MMI (Maximum Medical Improvement), you can receive available benefits.
What Happens If My Claim Is Denied?
There are certain instances where workers’ compensation claims don’t get approved. Your claim may be denied for the following reasons:
- Bad Faith of the Insurer or Employer — In rare situations, an employer or insurance company might deny a claim to reduce costs, possibly citing an invalid reason for the denial. Often, this most affects workers whom insurers believe are unlikely to seek legal counsel, such as undocumented employees.
- Your Injury Didn’t Happen at Work — An insurer may attempt to deny a workers’ compensation claim on the pretext that the accident and injury did not occur at the employee’s place of work or while the employee was not acting in the course of employment. This is more common when there is a lack of eyewitnesses or other physical evidence, such as obvious damage from a building collapse or fire.
- You Were Intoxicated or On Drugs — While a worker cannot be denied workers’ compensation benefits if their own fault resulted in a workplace accident, being intoxicated on the job or having drugs in one’s system can certainly complicate the process of recovering benefits, and could even result in a claim denial.
- Your Injuries Aren’t From The Workplace Accident — Sometimes, a workers’ compensation insurer will attempt to deny a claim based on the allegation that the injuries suffered by a worker are unrelated to the workplace accident, or were pre-existing.
- You Failed To Act Quickly Enough — Finally, your claim may be denied if you failed to provide your employer with notice of your injury within the required time frame or initiate the workers’ compensation claim process yourself within the required amount of time.
There are numerous reasons why a workers’ compensation claim could be denied, but you may still have the right to appeal. If you are denied the benefits that may be available to you under the law, a work accident lawyer in California can help. There is only so much time to file an appeal. Do not breach the time limit and miss your opportunity to pursue compensation.
What Happens If My Employer Doesn’t Carry Workers’ Compensation?
Your employer is required under the law to provide workers’ compensation insurance. If they fail to do so, they may face criminal consequences. What’s more, if your employer fails to provide workers’ compensation insurance, they may face liability for your injuries, and you may have the option to file a personal injury claim against your employer for damages. (As a reminder, if your employer does carry workers’ compensation insurance, you are barred from filing a lawsuit against them for damages.)
Steps To Take After A California Workplace Injury
When you are harmed at work, it is important that you take certain steps to protect your well-being and your ability to pursue available benefits. Steps to take after a workplace accident include:
- Seek Emergency Medical Care — You do not have to get emergency care approved by your employer prior to receiving it.
- Notify Your Employer — You must notify your employer of your injury within the required 30-day time limit, if not sooner.
- Follow up on Your Claim — Check to see if your employer has filed a workers’ compensation claim on your behalf; if not, start the process yourself.
- Consult with a Workplace Accident Attorney — If your injuries are serious, your employer denies your claim, or you face other challenges during the workers’ compensation process, consider consulting a skilled attorney for guidance.
What Are The Advantages Of Hiring A Workplace Injury Lawyer In California?
A workplace injury lawyer can guide you through the various steps of the workers’ compensation claims process, as well as represent your interests and advocate for you. They can work to address any potential unfair practices, including a claim denial based on bad faith or specious evidence. Our accident attorneys can help you by:
- Working With You To Choose A Physician — Who you select for treatment could affect the outcome of your workers’ compensation case, as the opinion of your treating physician can be used to determine the extent of your injuries and the possible value of your claim.
- Managing Various Elements of the Claims Process — Our lawyers can handle various legal aspects related to your claim, helping mitigate potential errors, like forgetting to notify the employer or missing the deadline for filing a claim.
- Negotiating Your Settlement — You may be able to reject a workers’ compensation settlement if you are offered one that you don’t believe compensates you for your actual damages. When this is the case, our workplace injury lawyers can represent you in negotiating your settlement offer.
- Litigating Your Case — Most third-party liability claims are resolved without the need for litigation. If a settlement cannot be reached, our trial lawyers can represent your case in court.
When Do I Need To Hire A Workplace Accident Lawyer In California?
While the workers’ compensation claims process can be complicated, many workers do not require the counsel of an attorney from the get-go. If your workers’ compensation claim is straightforward, your employer is cooperative and supportive of your right to seek benefits, and your injuries are minor, you may be able to navigate the process without legal support.
However, if you have suffered serious injuries or you encounter any obstacle in your efforts to pursue compensation, an attorney can help you navigate your situation. They can assess your situation and determine what legal options you may have based on the details of your case.
Can I File A Lawsuit After Being Involved In A Workplace Accident?
As explained above, if you are covered under workers’ compensation insurance, you are barred from filing a lawsuit against your employer. However, you may be able to file a personal injury claim called a third-party liability suit.
- Third-Party Liability Claims
A third-party liability suit is a claim that is made against a third party whose negligence caused your accident and injuries. In a workplace-injury claim, this might include the property owner where the injury occurred (if someone other than your employer), the manufacturer of a product or piece of equipment, or a party responsible for machinery maintenance, amongst others.
- Damages Recoverable in a Third-Party Claim
One of the benefits of filing a third-party liability claim is that when you file this claim type, you maintain the right to seek compensation that may be available for your injuries, including your medical expenses and lost wages, both present and future. You may also have the right to seek compensation for non-economic losses, such as pain, suffering, and emotional distress.
What You Need To Establish In A Third-Party Claim
In a third-party claim, you will need to prove the liability of the at-fault party (remember, in a workers’ compensation claim, you do not need to prove liability or fault). This requires proving the following elements:
- The defendant (third party) owed you a duty of care.
- The duty of care owed to you was breached.
- The breach of the duty of care was the direct cause of your accident and injuries.
- You suffered damages, economic and non-economic, as a direct result.
Statute of Limitations
Like workers’ compensation claims, there is a limit on the amount of time that you have to bring forth a third-party liability claim in the state. The statute of limitations for a personal injury claim in California is two years from the date that the injury occurred.
How Can I Find A Work-Related Injury Lawyer In California Near Me?
If you’ve been injured at work, you may be wondering, “How can I find a work injury attorney near me?” You can ask others who have been injured on the job before, use online search engines to find attorneys near you, read reviews, investigate lawyers’ case histories, and, above all else, schedule a free initial consultation with prospective workplace injury law firms in California.
During the consultation, you can ask the attorney questions about their history and experience, whether or not they focus on claims like yours, and how much they charge. It is advisable to select a law firm with experience relevant to your case.
Call Our Workplace Injury Lawyers For A Free Case Review
Workplace accidents are common in California, and when they occur, workers may be left with economic losses and questions about what happens next. You may benefit from having a lawyer with relevant experience on your side as you navigate the workers’ compensation process or pursue personal injury damages in a third-party liability suit. You can send a message or call the attorneys at Arash Law at (888) 488-1391. You can also fill out our contact form to schedule a free, no-obligation initial consultation with our legal team and learn more about how our work accident lawyers and personal injury lawyers in California can support you with your case.
