In California, you can file for worker’s compensation as long as you were hurt while at your place of employment. You do not necessarily have to have been doing anything in the scope of your employment or job responsibilities. Therefore, if you were simply walking back to your desk and you fell and hurt yourself, you could pursue worker’s compensation benefits. You can collect worker’s compensation for a certain amount of time depending on the extent of your injuries. Many people have questions regarding worker’s compensation claims and want to know the best methods to moving forward. If you are in need of a worker’s compensation attorney and want to take legal action against your employer for not paying you your rightful restitution, contact our law firm, the California Labor Law Employment Attorneys Group.
Laws of Worker’s Compensation
Worker’s compensation is available to workers who have been injured to prevent them from suing the company for damages resulting from the accident. The company must adhere to certain workplace environment laws.
For one, there must be a clearly visible sign or clearly accessible pamphlet that details the worker’s compensation system, steps to take, numbers to call, and more. There can also be a list of available doctors and medical centers for you to use. This poster should be somewhere all employees can see it and read it, such as in the lunch room, in the lobby, or wherever else everyone can access. The pamphlet should also be similarly available with no issues.
If you do suffer an injury at work, your employer cannot legally ask you to put your own money toward the compensation. You cannot use money from your paycheck to supplement your damages. This would effectively remove all responsibility from the employer and would force you to be paying yourself. You also cannot put money towards any insurance premiums that your employer has.
One of the key rules of worker’s compensation is that you must be given reasonable work accommodations upon returning to your job. These accommodations can range from a reduction of hours and a lessened workload to being prevented from lifting heavy objects and given more time to rest. These accommodations must be provided as long as they do not put a high financial burden on your employer and if they do not cause any turmoil or problems with your coworkers or the flow of the workplace.
If you want to know more about other laws of worker’s compensation, call us for more details. We will gladly answer you and tell you everything you need to know.
Common Accidents And Injuries
Your career is usually a good indicator of the types of injuries you can sustain and the accidents that happen at your workplace. Some jobs are more privy to accidents than others. For example, those who work in construction or in warehouses are more likely to fall and suffer crushing injuries because of the large materials they are usually transporting. Welders and mechanics are more likely to be hurt by equipment, as is anyone who has a job in manufacturing. Burns and slip and falls are most common in restaurants and grocery stores where food is made fresh.
Of course, accidents happen everywhere. They are equally as likely to happen in locations that do not feature a lot of physical or manual labor. Call centers, offices, and similar businesses often feature employees that spend a lot of time sitting down and staring at screens. These jobs, though, can have injuries related to stagnant muscles, repetitive motions, and more. They can also feature slip and falls in the office on torn carpeting and burns from defective appliances, but they are less common.
Some of the injuries that can be suffered from workplace injuries include:
- Broken bones
- Closed head injuries
- Neck and spinal cord damage
- Herniated or slipped discs
- Carpal tunnel syndrome
- Eye strain
- Tennis elbow
- Knee and hip injuries
- Shoulder damage
- Workplace diseases
Bear in mind that you can also suffer accidents that are indirectly related to your job as well. For example, if you’re a truck driver who delivers materials, you may be involved in an accident but the other driver could speed off. You could collect worker’s compensation if you were injured to the point that you were prevented from returning to work for some time.
If you need more details, call our firm. Our work injury compensation attorneys will gladly help you.
Steps To Take After A Workplace Injury
As soon as you were injured on the job, you should contact your employer and get medical treatment. He can authorize you for up to $10,000 of immediate treatment. If you delay alerting your employer, you may not be able to receive compensation. You generally have 30 days to alert your employer, but you can usually still file a claim up to a year after the injury occurs. Some injuries are immediate while others take time to appear.
You will likely be sent to a doctor that has been chosen by your employer, unless you have specifically requested your own physician prior to employment. The doctor will then evaluate your injury and determine how disabled you are. Once he has done so, he will relay the information to your employer.
After your claim has been submitted and filed, you should still keep a log of your day to day activities, the treatment you receive, how your job is affected, and much more.
In the event that your worker’s compensation claim is denied, you should contact our worker injury compensation lawyers at once. We will litigate your case for you and ensure that you are properly covered.
Earnings from a Worker’s Compensation Claim
If you successfully win your worker’s compensation claim, you can receive the following types of restitution:
- Disability pay, which can be temporary and net you two-thirds of your wages, or permanent, which can net you much more than merely two-thirds
- Lost wages from the past and future
- Medical expenses from the past and future
It is important to understand that you cannot receive coverage for pain and suffering if you pursue a worker’s compensation claim. Many lawsuits have their settlement values driven up by collections of emotional trauma and other similar damages. Further, your MMI, or maximum medical improvement, will play a part in your claim. Once you have hit your MMI – which is not a synonym for returning to full health, it merely shows that you cannot improve much more – your benefits may cease.
However, you may be able to file a third-party lawsuit against another entity if you were hurt at work. For example, if you were injured because of faulty wiring installed by a third-party contractor, you may be able to hold the contracting company responsible and collect full damages far in excess of your worker’s compensation claim. Our attorneys can help you file a third-party claim if you so choose.
The Top-Rated Firm in Town
If you have been injured at work, you should consider filing for worker’s compensation and pursuing your rightful damages. Our team of worker’s compensation injury attorneys at the California Labor Law Employment Attorneys Group has been fighting for workers’ rights for years. We have decades of combined experience between us and know the best methods for securing you the financial compensation you deserve. We will go to court if we have to to show that you were hurt and should be adequately compensated, and we will aggressively negotiate a fair settlement with your employer and the insurance agency.
If you want to learn more about worker’s compensation or if you want to discuss your case, call our offices today for a free legal consultation. All of our consultations are completely private and none of your confidential details will be shared elsewhere outside of our office walls. We will help you understand all parts of worker’s compensation and will tell you what we believe your case is worth. Our attorneys are available around the clock – you can reach us 24 hours a day, 7 days a week if you have any question whatsoever.
W will not share you a dime throughout the legal process thanks to our zero fee guarantee. If you hire us, we will only get paid if we win your case, and your employer will take care of the legal bills. I we lose, we do not get a cent, and you can walk away debt-free to our firm. We believe that anyone searching for financial compensation should not be penalized for seeking legal help.
If you want to get started on your worker’s compensation claim, get in touch with our worker’s comp injury attorneys at the California Labor Law Employment Attorneys Group.