Did you suffer any type of harm while you were working? If so, you might be eligible to receive workers’ compensation. Did you file for workers’ compensation only to learn that your request had been denied? If you encountered any difficulties when you filed for workers’ compensation, you might be in urgent need of legal assistance.
If you need the expertise of an employment attorney, do not hesitate to contact California Labor Law Employment Attorneys Group. California Labor Law Employment Attorneys Group is an employment law firm that has dedicated many years to representing those who have been treated unjustly in their workplace. Do you need to discuss your current situation with knowledgeable employment attorneys? The lawyers at California Labor Law Employment Attorneys Group have many years of experience handling all types of employment claims-including workers compensation claims. For more information about workers’ compensation claims, contact our experts today.
What is Workers’ Compensation?
Workers’ compensation, for many, is a safety net for when the unexpected happens. Without a doubt, no one is prepared to suffer any type of harm in the workplace. However, accidents happen – and hardworking employees find themselves injured and unable to work. Workers’ compensation is an insurance policy provided by employers. Workers’ compensation provides affected employees with a number of essential benefits, such as coverage of medical costs and a source of income, for example. Although workers’ compensation can prove to be vital to the peace of mind of you and your family, it comes at a price. When you receive workers’ compensation benefits, you have to release the right to sue your employer for the harm that you suffered. For more information about workers’ compensation insurance, do not hesitate to contact our experts as soon as possible.
The 10 Common Types of Workers Compensation Cases
Undeniably, employees could be harmed in many ways while they are working. In general, different workplaces have different risks of suffering harm. Consider the 10 most common types of harm that result in workers’ compensation claims (note that there is no particular order to the following list):
- Auto accidents -common among employees of trucking companies, delivery services, etc. Common in any workplace that requires employees to be on the road the majority of their shift or constantly travel for business purposes.
- Bodily reactions -common in all workplaces. This harm usually comes in the form of sprained or twisted ankles/wrists. This type of harm is normally a consequence of an employee avoiding a fall that could have been more serious.
- Falls from upper to lower levels-common in workplaces that require employees to work between levels or do most of their work on elevated levels.
- Machinery accidents-common in factories and workplaces that use heavy/specialized machinery. The affected employees usually suffer some sort of crushing or mutilation. Machinery accidents can often be fatal.
- Overexertion-common among physical jobs. These injuries usually come in the form of muscle strains or nerve damage, for example. They occur when employees simply try to do more than what their bodies could handle.
- Repetitive motions-common in jobs that require employees to do the same tasks repeatedly. This type of harm usually causes the employee significant pain, and it could even prevent the employee from performing essential job duties for some time.
- Slip, trip, and falls-common in all types of workplaces. Employees that slip and fall or trip and fall usually suffer a variety of injuries.
- Struck against into objects -common in factory or warehouse settings, but can occur in other workplaces. Employees can find themselves being struck against an object when they are unseen by coworkers, for example.
- Struck by falling objects – common in workplaces that store objects or equipment in elevated areas as well as workplaces that require work on elevated areas. Objects unexpectedly fall from above and injure employees.
- Workplace violence – common in workplaces that deal with cash but can occur in all workplaces. It occurs when someone intentionally harms people in the workplace or while the employee is working.
Many people mistakenly believe that workers’ compensation claims all fit under one mold. However, that is not the case. If you suffer any type of harm in the workplace, you might have grounds to pursue a workers’ compensation claim. For more information about workers’ compensation, do not hesitate to contact our law firm as soon as possible.
The Top 10 Workers’ Compensation Cases of 2018
As we enter 2019, we can review some of the most important workers’ compensation claim of the year. Although other years have been more impressive than 2018 in terms of workers’ compensation cases, 2018 was a significant year. Consider the following workers’ compensation cases:
- Burgoin v. Twin Rivers Paper Co. This lawsuit held that employers are not required to cover the cost of medical marijuana for injured employees.
- Burke v. Raven Elec. This lawsuit affirmed that parents are not eligible to seek any form of compensation for the work-related death of their employed child if the parents were not dependent on their employed child at the time of his or her death.
- Dynamex Operations West, Inc. v. Los Angeles County Superior Court. This lawsuit held that employees who are classified as independent contractures must be free from the hiring party’s control, performing work outside the hiring party’s usual course of business, and normally doing independent work.
- Ehr v. West Bend Mut Ins. Co. This lawsuit held that employees that are borrowed from one employer to work for a borrowing employer can take action against the borrowing employer in case of injuries related to the work they were performing.
- Hill v. American Medical Response. This lawsuit held that the current edition of the AMA Guides must be used to evaluate a permanent disability.
- Johnson v. U.S. Food Serv. This lawsuit held that the 4th edition of the AMA Guides must be used to determine permanent disability during the workers’ compensation process.
- King v. Compartners, Inc. The lawsuit held that utilization reviewers that perform services during the workers’ compensation process have immunity and cannot be sued by injured employees.
- Lawler & Cole CPAs, LLC v. Cole. This lawsuit held that murder, although intentional, was equivalent to an accidental injury (in this specific case, accidental death) that directly rose from the victim’s employment. The decision made the victim’s surviving spouse eligible to receive survivor’s benefits from the workers’ compensation insurance.
- Marquez v. Pierce Painting, Inc. This lawsuit held that an employee’s status as “undocumented” can be considered when determining the employee’s level of permanent disability for workers’ compensation purposes.
- Strickland v. Stephens Prod. Co. This lawsuit held that a law that provides operators/owners of oil/gas wells with immunity in case of accidents at the site is unconstitutional. The ruling held that well operators/owners are considered intermediate/principal employers for the work performed on their site that results in any injuries or harm.
If you would like to learn more about the most significant workers’ compensation cases of 2018, do not hesitate to seek legal assistance as soon as possible and speak with our attorneys.
Our Law Firm Can Help You
As briefly mentioned above, when harmed employees receive workers’ compensation benefits, they give up the right to pursue a lawsuit against their employers. What does that mean? If you suffer an injury and receive workers’ compensation benefits, you simply cannot sue. However, you can sue for workers’ compensation-only if there are complications with the workers’ compensation process that prevent you from receiving benefits (e.g. being unfairly denied benefits).
What could you do if you cannot receive the workers’ compensation benefits to which you are entitled? You have the right to sue and fight for your right to recover workers’ compensation benefits. If you are currently struggling with a workers’ compensation case, seek legal assistance as soon as possible. You should contact California Labor Law Employment Attorneys Group today. California Labor Law Employment Attorneys Group is an employment law firm with many years of experience fighting for the rights of all employees in the workplace. Our employment experts are ready to handle a variety of employment claims including workers’ compensation claims. Would you like to discuss your claim with our experts? If so, you must contact our law firm as soon as possible and request to schedule a free consultation or free second opinion at your earliest convenience.
Our employment law firm offers free consultations and free second opinions to all employees in need of legal assistance. During our free consultations and free second opinions, our knowledgeable employment attorneys will dedicate themselves to answering all your questions, addressing all your concerns, and providing you with all the information that you need to begin or continue your workers’ compensation claim. Would you like to schedule a free consultation or free second opinion? If so, do not hesitate to contact California Labor Law Employment Attorneys Group today.
Our free legal services are available as part of a Zero-Fee guarantee. Our Zero-Fee guarantee ensures that our clients never have to worry about paying any upfront legal fees for any of our legal services. Our law firm is also strictly based on contingency; therefore, our clients will never be required to pay any legal fees until after their claims are successful. To begin your workers’ compensation claim, contact California Labor Law Employment Attorneys Group today.