Agoura Hills, California, is a small community of around 20,000 residents who enjoy all the features of a quiet life, such as walking to the local market, a park, or shopping at small stores owned and operated by fellow residents. This family-friendly community offers a drastically more sedate lifestyle than is found in the Big City of Los Angeles, which is only about 35 miles away. In reality, the residents of Agoura Hills enjoy the best of both worlds have a peaceful small town feel at home and all the amenities of LA, less than an hour drive away.
In addition to the great lifestyle in Agoura Hills, the residents have many opportunities for employment in the local businesses, which include work in manufacturing, technology, and transportation, as well as the local agricultural industry that thrives thanks to the mild weather and ample moisture in the region. With so many options in the community, a great number of residents never need to worry about the treacherous commute that many Californians face each day. But they do sometimes encounter the other work-related challenge that workers across the state and country face: a workplace injury. Sadly, in just a fraction of a second, an on the job injury can alter the course of your life and leave you with severe or even life-threatening injuries. And the most upsetting part for many workplace injury victims is that the harm occurred through no fault of the employee.
The accident at work could have been genuinely unforeseen or an honest mistake by a co-worker that resulted in one or more employees getting hurt. But the results are the same. The victims face many hardships that can include costly medical bills, lost income, and other challenges that are not their fault. Fortunately, as a worker in California, the victim is covered under one of the most robust workers comp programs in the country. And if they are unfamiliar with the process of opening a workers comp claim or what the program offers, they can quickly contact California Labor Law Employment Attorneys Group to speak with a skilled workers comp attorney in Agoura Hills, California.
When you need help understanding your rights as the victim of an on the job injury, please know that the legal team at California Labor Law Employment Attorneys Group is just a phone call away. Our office staff is ready to take your call 24/7 to help you learn more about the California Workers Comp Program and how it can help you resolve the issues created by a workplace injury incident. In addition, we are eager to offer you a free consultation with one of our seasoned workers comp attorneys in Agoura Hills, California, to fully evaluate your injury incident at work and help you understand any other action that might be available to you to resolve your expenses and losses.
Please also know that even after your free consultation with a California Labor Law Employment Attorneys Group workers comp attorney in Agoura Hills, California, you are never obligated to hire the firm or follow any of the guidance provided to you. Our goal is only to ensure that you understand your options and can make the choices you believe will best meet your needs, now and in the future. But please do keep in mind that there are very strict time limits for you to take action to resolve the issues caused by a workplace injury incident, and the obligation to act on your options, like opening a Workers Comp claim, is on you and no one else. So please reach out to California Labor Law Employment Attorneys Group at your earliest opportunity to begin exploring your options and get the help you need and deserve from the California Workers Comp Program and the legal team at California Labor Law Employment Attorneys Group.
How Do I Know If I Am Covered By California Workers Comp?
Many workplace injury victims contact the office staff at California Labor Law Employment Attorneys Group with questions about eligibility for workers comp because they never recall signing up for the program of paying for the coverage. So, they are worried that they cannot use the program. However, each of them is pleasantly surprised when they learn that all employers in the state are legally obligated to participate in the Workers Comp Program and are also required to enroll all employees and cover the cost of this vital and useful workplace injury insurance.
Understanding the history of the program and why the state felt the need to create it will help you understand how it functions and why you have full coverage as an employee who is working in the state. Before the WC program was created, a person who got hurt at work was saddled with the cost of their medical care and also suffered the hardships of not being capable of working and earning a living while they healed from workplace injuries. This often caused many issues and resulted in the injured employee filing a personal injury lawsuit against their employer.
The cost to everyone involved became massive and often failed to help the worker cover their losses and expenses. To help protect workers who suffer injuries when they are simply trying to work and earn a living, the state enacted the California Workers Compensation Program to provide assistance in resolving the expenses and losses caused by a workplace injury. The state then required all employers to participate in the plan to ensure all workers in the state had this coverage and vital peace of mind. In exchange for the cost of the program that was shouldered by the employers, the state eliminated the worker’s ability to file a personal injury lawsuit when they suffered an on the job injury. The hurt worker is only permitted to seek the help of the workers comp program and receive the benefits provided by the program.
What Does The California Workers Comp Program Offer Hurt Workers?
As you know, all workers in the state are covered by the WC program, or their employer is required to provide a self-funded insurance program that functions similarly to the WC program. In addition, the workplace injury incident must occur while the employee is undertaking tasks that are part of their regular job. Finally, the employee cannot be under the influence of any mind-altering substance when they suffer the injuries. If these simple criteria are met, and the employee opens a WC claim, they can receive benefits in the following categories:
- Complete coverage for all medical bills related to the diagnosis, treatment, and rehabilitation of the injuries that were caused in the on the job accident with a per workplace accident cap of $1,000,000. This money can be used for hospital bills, paying doctors, a surgical procedure, or any other necessary medical care. In addition, it is vital that you know that most medical care providers will work directly with the California Workers Comp Program, so you never need to pay any deductible, co-pay, or medical bills and then wait for reimbursement from the WC Program.
- If the on the job injuries result in significant harm and you are forced to miss work for an extended period of time, the program can pay you up to 66% of your regular weekly wages to be used for your routine living expenses or in any way you see fit to spend the money as it is meant to replace your wages.
- In cases that cause significant injuries that could cause you to live with certain limitations for an extended period and face a decreased earning potential during that time, the WC Program can provide disability compensation to help off-set that decreased earning potential
- If you are injured so severely that you will never be able to return to your current job, the California Workers Comp Program can provide you with free vocational training to help you prepare for a new career path once your healing and rehabilitation are complete.
Are There Ever Times When An Injured Worker Can Sue Their Employer?
From time to time, a person will reach out to the office staff at California Labor Law Employment Attorneys Group and ask if they have the right to sue their employer for additional compensation above what the WC Program pays. As previously explained, in most cases, the answer is no. However, there is a single exception that could permit you to file a personal injury lawsuit against your employer to seek additional compensation. The exception is when there is gross negligence involved on the part of your employer, which caused or contributed to your workplace injuries.
Gross negligence in this instance is defined as a complete lack of concern for the safety and well-being of the employee. For example, if you use a large saw as part of your daily work and the saw becomes damaged or a safety feature is malfunctioning, you would report that to your superiors or the owner of the company. At which point, you ask for the device to be repaired or replaced. Typically, an employer would provide you with a new saw or repair the one you are using to ensure your safety. However, if the employer tells you that you must continue to use the unsafe device, they are placing you at an increased risk of injury.
Should you then suffer an injury because of the damaged or hazardous saw, your employer could be found grossly negligent, and you would then have the right to sue for losses and expenses not covered by the WC Program. In these cases, you can typically sue for any part of your lost wages not covered by WC as well as any legal fees for the court case, the cost to repair or replace any personal property damaged or destroyed in the incident, and pain and suffering.
How Long Do I Have To Take Action?
When you get hurt on the job, you have only 30 days from the date of the accident to open your claim with the Workers Comp Program. If the claim is not opened until that time has expired, it will be immediately denied in nearly all cases. The only exception is when the injuries are due to cumulative trauma caused at work. Cumulative trauma is often caused by repetitive motion, and it must be diagnosed by a medical professional to qualify for workers comp. If the injury is caused by cumulative trauma, you have one year from the date of the diagnosis or the first day you missed work because of the injury to open your workers comp claim.
In cases that involve gross negligence, you have two years from the date of the injury incident to file your lawsuit with the court. This time limit is also strictly enforced, and there are very minimal exceptions that would provide victims with added time to pursue legal action once the time limit has expired. Please reach out to California Labor Law Employment Attorneys Group today to discuss your case and the option of a lawsuit if you feel gross negligence could have been a factor in your workplace injury.
Why You Need A California Labor Law Employment Attorneys Group Workers Comp Attorney In Agoura Hills, California
If you suffer an injury at work and are not familiar with the California Workers Comp Program, you might face severe hardships that could be greatly reduced or eliminated with the assistance of the program and its benefits. The team at California Labor Law Employment Attorneys Group is here to ensure you understand your options and how to best use the resources open to you after getting hurt at work. And if you need to pursue legal action, our firm will handle any case with legal merit and never ask for any upfront legal fees or expenses. We only get paid after you get paid. And if your California Labor Law Employment Attorneys Group workers comp attorney in Agoura Hills, California fails to win your case and get you the compensation you deserve, you owe the firm nothing. Please contact our caring and dedicated staff today to learn more.
