All employees in California must be covered by workers' compensation insurance. Even if a business employs only one person, the law applies to them, and violators might face criminal and civil fines. Even if your employer does not provide coverage, he or she may be held legally liable for your injury-related costs. A California Labor Lawyer may be able to help you with your claims.


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Find A Labor Lawyer for Worker's Compensation in California


Workers' compensation covers all sorts of work-related injuries, including long-term conditions caused by repetitive movement or continuing psychological stress. You are covered whether you are injured at work while driving on behalf of your company or while doing job-related duties at an offsite location. You are eligible for workers' compensation regardless of who is at fault; even if you unintentionally contributed to your own injury, you are covered.


You do not need a California Labor Lawyer to make a claim; however, speaking with and/or hiring an LA Employment Law Attorney about your case would be tremendously beneficial. A Los Angeles Labor Lawyer can help you navigate the worker's compensation law system properly, including meeting court deadlines, resolving issues, correctly representing you, recommending additional resources, and generally acting as your legal support throughout the court procedure. If you are unsure how to proceed with your claim, believe you are being treated unfairly by the insurance company or your employer, or have a long-term handicap, contact legal counsel right at once.


Workers' Compensation Regulations in California for Injured Employees


Workers' compensation laws in California are in place to safeguard employees. Employees in California do not have to prove that their employer was negligent or at-fault for their injuries because the state is a no-fault workers' compensation state. Workers' compensation is essentially a bargaining chip between companies and employees.


Employees are entitled to fast and appropriate medical treatment for injuries or illnesses that arise on the job, regardless of who is at fault, and are barred from suing their employers for damages as a result of those ailments. Workers' compensation benefits are available if you are injured at work.


What You'll Need to File a Worker's Comp Claim


You must meet certain standards if you have been injured at work and are considering submitting a workers' compensation claim. To begin, you must demonstrate that the injury or illness was caused by your job and occurred while you were employed. If you were harmed away from the job site, on break, or at a work function outside of the office, this could be difficult to prove. A California Labor Lawyer knows what facts can help determine the source of your condition and will gather the evidence needed to prove that your injury was caused by your job.


What Counts as an On-the-Job Injury?


When a worker falls from a ladder, is hurt in an explosion, or loses a limb due to faulty machinery, it is almost always obvious that the harm was caused by his or her job. However, there are situations when the circumstances surrounding the injury are less obvious. Because establishing that an illness or injury occurred at work is essential to filing a workers' compensation claim, an L.A. Labor Lawyer can assist you in determining whether you meet the standards, even if the facts of your accident are unclear. The following are some examples of gray areas:


Lunch Breaks


The majority of injuries sustained during a break or lunch are not deemed work-related. An exception is if you are harmed while having lunch on corporate property in a location that your employer is expected to keep in good repair.


Company Functions


Although company picnics and holiday celebrations are typically held offsite, this does not rule out the risk of an accident. A work-related injury is one that occurs while performing work-related tasks.


Traveling


The odds of being in an accident are high because many of us travel for business. If you are hurt while driving for work, you may be entitled to compensation if the trip fits specific legal criteria. The "coming and leaving" rule in California maintains that employees who are injured while on their way to or from work cannot hold their employer liable. There are, however, certain exceptions to this rule. One of the most famous exceptions is when a worker:

  • Uses a company vehicle.
  • Utilized a personal vehicle for work.
  • Is on a company-sponsored business trip.
  • On the road or while traveling, performs job duties.

If any of these circumstances apply to your injury, you may be eligible for workers' compensation. Consider one of our prescreened California Lawyers in your Cal Bar Attorney Search.


Illness, cumulative injuries, and stress-related conditions


Workers' compensation covers some injuries and illnesses that take a long time to manifest. Carpal tunnel syndrome and other ailments acquired as a result of working with or near toxic substances do not appear overnight, but they are the kind of ailments that can be covered by workers' compensation.


How Do You Qualify for Worker's Comp in California?

  • Workers' Compensation Insurance is a legal requirement for your employer.

    • Workers' compensation insurance is required by law for all employers in the state of California. The majority of the time, this coverage is obtained through the private sector or a state fund. However, most large companies, such as local or state governments, take financial responsibility for their employees' benefits. Self-insurance is the term for this. It's also worth noting that federal employees' cases will be handled through the federal workers' compensation system rather than the state's.

  • You Must Be an Employee.

    • This may seem self-evident. The state of California, on the other hand, has several definitions of "employee." Independent contractors, such as consultants or freelancers, for example, are not covered by workers' compensation. Volunteers, for the most part, are not protected by workers' compensation, though there are few exceptions. Volunteer firefighters, for example, may be qualified for coverage in some states.


Employees Who Aren't Covered by Workers' Compensation


In general, if an employee is injured on the job, workers' compensation regulations provide compensation. However, there are times when an employee's coverage is refused because of their own activities. When an employee engages in reckless or purposeful behavior that directly causes an injury, they may be barred from receiving workers' compensation benefits. For example, if a worker travels for work and then decides to drink and drive before getting into an accident, he or she may not be eligible for workers' compensation.


Common Injuries At the Workplace


Although the outcome of your case will be determined by your specific circumstances, many of the injuries listed below are commonly covered by workers' compensation.


Overuse Injuries and Repetitive Motion


If a worker makes the same motion repeatedly, he or she is more likely to develop a repetitive motion or overuse injury. Carpal tunnel syndrome, tendinitis, and persistent back pain from repetitive jobs like computer use are the most prevalent types of ailments in this group.


Occupational Illnesses


When a worker is exposed to hazardous chemicals or substances for a lengthy period of time, he or she may get a sickness such as black lung disease or another illness. Workers in the medical industry are exposed to sickness as a result of their working conditions. An employee in other professions may be obliged to work in locations infected with mold, asbestos, or other hazardous materials. The work-related disease includes any sickness contracted as a result of completing these types of employment.


Pre-Existing Diseases


If your work aggravates a pre-existing condition, the aggravation of that ailment may be considered an on-the-job injury and covered by workers' compensation.


Injuries Caused by Stress


A wide range of injuries and illnesses have been related to stress. However, proving that stress-related injuries are directly tied to your job can be difficult. As a result, you require the services of an experienced Labor Law Attorney to handle your case.


Construction Accident


When statistics on workplace injuries and fatalities are disclosed, the construction sector consistently ranks first. Roofing is regarded as one of the five most dangerous jobs in the country. Construction employees are often exposed to extremely hazardous conditions when working on elevated job platforms and near heavy equipment, sharp instruments, toxic materials, and electricity.


Accidents involving construction are more likely to be fatal than many other occupations. The construction business ranks fourth in fatal workplace injuries, according to the US Bureau of Labor Statistics. According to 2015 statistics, there were 924 fatal building site injuries, which was the highest number since 2008.


Slips and falls, falls from great heights, electrical accidents, and injuries from contact with risky types of machinery, such as transport trucks, are the most prevalent construction injuries. Loss of limbs, spinal cord injuries, burns, and traumatic brain injuries are among the most serious injuries that occur in these circumstances. Serious back and neck injuries are very prevalent.


Electrical Accident


Anyone can experience an electric shock, burn, or deadly electrocution mishap; however, the vast majority of these incidents occur at work. Workers in the building trades, manufacturing, installation, and maintenance are the most vulnerable to electrical accidents. Professionals who work on high-voltage electric power lines are the ones who are most likely to be involved in major accidents.


A traumatic electric shock can be delivered to the body by touching a live transformer or other electrical components directly (or indirectly through a conducting object). The degree of contact and the voltage involved determine the extent of physical harm. Voltages greater than 50 volts AC or 120 volts DC are potentially dangerous, and exposure to 500 volts or more is likely to result in serious injury or death.


The most common sort of injury caused by an electric shock are burns, although electrocution can also result in a variety of other injuries. A strong shock can result in cardiac arrest and internal injury to the muscles, heart, and brain. Furthermore, the quick force might hurl a worker against an item or toss them from a ladder or platform, resulting in shattered bones, brain injuries, or back injuries.


Slip-and-Fall Accidents


One of the most common types of occupational injuries is slipping and falling. While the majority of the consequences of this type of mishap are modest, even a little injury can have an impact on your capacity to work. A workers' compensation settlement can help you recover after an injury by paying for medical bills and reimbursing you for lost wages.


Workers' compensation claims for slipping, tripping, or falling on the job all fall under this category. The following are the most typical causes of workplace falls:

  • Flooring that is torn, uneven, or cracked
  • Insufficient lighting
  • Cables that are exposed
  • Wet carpets
  • Stairs that are uneven or broken
  • Warning indicators that are either missing or insufficient

Employees could be seriously injured in any of these situations. A back, neck, or arm injury is the most common result of a slip or falls at work, and it can have a substantial impact on your ability to perform your job.


Disability


If you are permanently or temporarily disabled as a result of a workplace accident in California, you are entitled to disability compensation. An injury at work can result in a disability that prevents you from working.


Workers' compensation law divides disability into two categories: temporary and permanent.

  1. Disabilities that are only temporary. You are entitled to two-thirds of your normal weekly income as well as compensation for medical expenditures if your doctor believes you are temporarily handicapped.
  2. Disablement for life. Permanent disability compensation can be paid in a flat sum or in installments over time. We'll assist you in evaluating your alternatives and determining which one best meets your requirements.

Personal Injury Cases vs. Workers' Compensation


Personal injuries and workers' compensation suits can also result in catastrophic consequences such as burns, back, and neck injuries. However, there are important distinctions between the two:

  1. No proof of fault is required in workers' compensation disputes. This means that you may be eligible for compensation even if you are somewhat to blame for your injury. Proof of fault is the single most crucial factor in establishing whether you are entitled to compensation in a personal injury case.
  2. Personal injury lawyers will suggest you to doctors they know and trust. Initial treatment for workers' compensation claims must be provided by designated physicians.
  3. If you choose to sue your company, you will lose your workers' compensation claim. If you believe your work injury was caused by someone other than yourself and your employer's negligence, you may be able to file a separate personal injury lawsuit.

Meeting with a California Employment Law Attorney is the best method to determine whether you should pursue a claim beyond workers' compensation.


There are a number of reasons why filing both a workers' compensation claim and a personal injury lawsuit may be beneficial to you:

  • A malfunctioning piece of equipment, such as a tool or a component of a work vehicle that you must use on the job, causes your injury.
  • An act of malicious intent on the part of a coworker.
  • The presence of a harmful material that is necessary for your job function.
  • An irresponsible act by a motorist that causes you to be injured while doing your job obligations.
  • A slip and fall accident that occurs in a location that you must occupy as part of your employment function, such as a hotel.

As a result of your claim, you may be eligible for certain benefits.


As a result of your workers' compensation claim, you may be eligible for a wide range of benefits. Medical care and treatment for your injuries are frequently the most immediate and significant benefits. Doctors in the workers' compensation system are expected to deliver only evidence-based and scientifically validated therapy and therapy to cure or relieve work-related injury or sickness.


The Medical Treatment Utilization Schedule ("MTUS"), which integrates guidelines from the American College of Occupational and Environmental Medicine, has been adopted by the state to guarantee that you receive the best medical treatment possible (ACOEM). You may be entitled to the following in addition to emergency and curative medical treatment:

  • Temporary disability rating, which would compensate you for lost pay if your accident prevented you from returning to work immediately;
  • If your injury is serious enough that full recovery isn't possible, you can get a permanent disability rating, which will reimburse your lost wages.
  • Workload reassignment, which would necessitate your employer accommodating light duty as suggested by a medical practitioner while you recover;
  • Additional job displacement benefits, such as vouchers for retraining and education programs;
  • Benefits payable in the event of an employee's death at work or from a work-related sickness.

In addition to the benefits offered through the workers' compensation system, you may be entitled to recover further civil damages. In particular, if a third party caused your damage, they may be held personally accountable. Similarly, you may be eligible to file an employment action if you are fired or otherwise penalized as a result of filing a claim. Finally, if you or a loved one has died as a result of a workplace injury or sickness, you may be entitled to wrongful death damages.


Payments for Disabilities


You may be eligible for temporary disability benefits to cover some of your lost wages if you miss three or more days of work. Workers' compensation insurance in California pays two-thirds of your typical weekly paycheck, including overtime and earnings from a second employment. A maximum payout is available, which is changed annually.


If you can work part-time, you can get temporary partial disability (TPD), and if you can't work at all, you can get temporary total disability (TTD). You may be eligible for additional compensation if your injury is determined to be permanent. To be eligible for these benefits, your doctor must conclude that you will be unable to return to your previous employment or that you will be permanently disabled.


How Much Time Do You Have?


The clock starts ticking whenever a work-related accident occurs. The statute of limitations for making a workers' compensation claim is one year from the date of the incident. It's worth noting that federal employees have three years to file a claim because their situation is governed by federal law.


There are two types of occupational injuries, according to the California Labor Code:

  1. Specific injury. When a single exposure or incident results in a handicap or the need for medical attention, this is referred to as a single exposure or incident injury.
  2. Cumulative trauma injury. This is the result of a series of painful behaviors repeated over time. This can refer to both physical and psychological trauma.

A specific date of damage may be difficult to ascertain in cases of cumulative damage, such as repetitive stress fractures or strain injuries. The time frame in these cases begins with:

  • When you initially miss work because of your disability or illness.
  • The date on which your doctor notified you that your injury was caused by your job.

In addition, the workers' compensation time limit has a few exclusions. You may be exempt from the statute of limitations if, for example, you were unable to bring a claim because of:

  • A coma was caused by an injury.
  • Serious injuries that necessitated extensive or long-term care, such as severe burns
  • An infectious sickness that necessitated quarantine
  • You may lose your access to workers' compensation if you do not report the injury within 30 days.

Making a Report of an Injury


If you are injured at work, you must notify your employer in writing within 30 days after the incident, or you will lose your entitlement to workers' compensation benefits. In general, notice should be issued as quickly as feasible following the occurrence. Furthermore, you should seek medical assistance as soon as possible and advise the doctor that the injury was caused by your job. If you are in an emergency, you can seek medical help anywhere. Otherwise, check with your employer to see a doctor who is part of their insurance plan's network. However, it is frequently advisable to obtain the advice of a third-party physician.


Denied Claims: Common Reasons


When a claim for workers' compensation is made, insurance companies frequently look for any justification to deny it. The following are some of the most typical causes for claim denial:

  • Deadlines that were not met: You must provide your employer written notice of an injury within 30 days of the incident in California. Within one year, the claim must be lodged. Failure to do so may result in your claim being denied.
  • Dispute over the nature of the injury: There must be sufficient evidence when an employee alleges a work-related injury. Medical documentation is frequently the most effective technique to back up a claim.
  • The claim was filed after you left the job: Insurance companies will almost always refuse a claim filed after you quit your work, were laid off, or were fired. However, if you can show that the delay was due to a justifiable reason, you may be able to win your appeal.

This area of the law can be perplexing and difficult to understand. An L.A. Employment Attorney can assist you if you believe your claim was wrongfully denied. When a claim for workers' compensation is made, insurance companies frequently look for any justification to deny it.


It's likely that you're entering the world of workers' compensation for the first time. You are, however, interacting with professionals at your place of business, such as professional insurance adjusters and company doctors. You should hire an expert to represent your interests. It's worth it for your financial security and overall health.


Employee Responsibilities After An Injury: What To Do If You've Been Injured


If you've been hurt at work, you should take the following steps right away:


Notify your employer of the injury as soon as possible.


To start the claim process, you must file a Workers' Compensation Claim Form, or DWC 1, with your employer. Your employer must then fill out their portion of the form and submit it to their insurer, giving you a copy of the completed form to keep.


Seek medical attention to determine the severity of your injuries.


After an injury, don't delay consulting a doctor. If you wait too long to seek treatment, your injuries may worsen. If you wait to see a doctor, it may appear to an insurance company that your injury isn't serious enough to require emergency attention.


Obey the doctor's orders and show up for all scheduled appointments.


Allow medical professionals to perform their jobs. While you may be anxious to get back to work or otherwise too preoccupied to make your referral or follow-up visits, it's critical to the overall success of your claim that you keep all of your appointments, get the right diagnosis, and follow your treatment plan.


Make a backup of your documents.


Keep a copy of every paperwork, medical bill, receipt, and phone calls related to your claim on file. You'll need to be ready to provide a detailed record of any expenses you incur as a result of your injury, as well as any responses you receive from insurance adjusters.


While all injured workers are eligible for workers' compensation payments, the process is complicated and fraught with deadlines.


After a Workplace Accident


Employees are protected by state and federal laws, which include employment protection while you recuperate from injuries and remedies if you have been discriminated against by an employer for using the workers' compensation system.


When an employee has an on-the-job accident, or something like a back or neck injury, a repetitive stress injury, or any other type of work injury, both the employee and the employer are faced with a difficult situation:

  • While dealing with the physical and emotional implications of a sudden injury, the employee is compelled to deal with salary loss, medical bills, and other concerns through the cumbersome workers' compensation system.
  • While the employee is healing from injury, the employer's resources are limited. Unfortunately, this frequently leads to the employee being mistreated by the employer and even coworkers.
  • Ask yourself if you notice the following:
    • Have you been treated unfairly as a result of your workers' compensation claim?
    • Were you pressured into returning to work too soon and then fired for "under-performance"?
    • Is your employer pressuring you to return to full duty despite your doctor's approval of your restricted work schedule?
    • Are you getting verbal or written warnings about "performance difficulties" despite a long history of being a stellar employee?
    • Have you had emotional problems as a result of the verbal abuse that needs psychiatric treatment?

Employees who are injured and out of work for up to 12 weeks may be covered by the federal Family and Medical Leave Act (FMLA) (consecutive or intermittent leave). The employee's job may be protected throughout this time. For up to 18 months, the employee may be eligible for COBRA (Consolidated Omnibus Budget Reconciliation Act) continuation of health insurance benefits at his or her own expense (and in certain situations, up to 36 months). Employees who have been fired unfairly because they filed for workers' compensation benefits have a legal remedy under California Labor Code section 132a.


Workplace-Related Deaths


The Bureau of Labor Statistics (BLS) conducts a Census of Fatal Occupational Injuries every year, collecting statistics on the number and causes of workplace deaths across the country. According to a recent estimate based on this data, 5,190 persons died in workplace mishaps in 2016, up 7% from the previous year's total of 4,836.


The number of deaths on the job in the United States has increased for the third year in a row, but this year's fatal injury rates were unusually high. Since 2008, 2016 was the first year in which more than 5,000 persons died in on-the-job accidents. Workplace fatalities increased to 3.6 per 100,000 full-time workers in 2016, up from 3.4 per 100,000 in 2015, and the highest annual occupational fatal incident rate since 2010.


Transportation accidents were the leading cause of workplace deaths in 2016. This category accounted for 40% of all occupational fatalities or 2,083 deaths. More precisely, 1,252 workers died as a result of traffic incidents such as car accidents, accounting for 25% of all worker deaths. Many experts were surprised to learn that episodes of violence and other injuries caused by people or animals were the second-leading cause of workplace mortality.


Eight hundred and sixty-six workers died as a result of this. There were 500 homicides at work this year, up 83 from the previous year's total. Furthermore, 291 persons committed suicide at work, the highest number of at-work suicides documented by the census since it began reporting such statistics in 1992. Slip and Fall accidents were the third-leading cause of death in the workplace, after violent occurrences.


Death Benefits Following a Workplace Accident in California


Whether a loved one died as a result of faulty scaffolding, hazardous chemical exposure, a work-related motor vehicle accident, or any other fatal work accident, the surviving spouse, children, or other dependents may be eligible to basic workers' compensation death payments at a minimum (sometimes called survivorship benefits).


Death payments are one of six types of workers' compensation payments available under California law, and they are paid to the dependents of a worker who has died in a workplace accident. The following are examples of California workers' compensation death benefits:

  • Expenses for the funeral. Burial costs that are affordable.
  • Earnings lost. The dependents of the dead worker receive weekly cash support. The worker's occupation classification, the number of dependents, and the extent of dependency are all determining criteria that might affect the amount of death benefits received by a family.

While there is normally a limit length or amount of death benefits a family can receive after a loved one dies in a workplace accident, there are rare exceptions, such as when death benefits have been spent before a dependent child reaches the age of majority.


The insurance company would be obligated to compensate the state if the deceased had no dependents. As a result, they may collaborate with you to designate someone as a dependent.


Why You Need An Employment Law Attorney


Employers have a responsibility to create safe working environments for their employees, which should include all essential safety equipment, training, and security to protect them from recognized workplace threats. Workers who are injured on the job, or the families of those killed in a workplace accident, have a right to workers' compensation benefits, as well as the right to file a third-party lawsuit seeking redress from the culpable party in some situations.

After a workplace injury, it's in your best advantage to speak with a qualified California workers' compensation and personal injury lawyer for assistance with any potential claims.

Discrimination and harassment in the workplace, which wounded workers frequently face, are unjust, inappropriate, and illegal. Unfortunately, demonstrating differential treatment among injured workers who have filed workers' compensation claims and other employees can be scary, and employees who seek to address the situation without the assistance of an experienced California Employment Attorney are generally unsuccessful. It is critical to have a skilled Labor Law Attorney on your side who is committed to defending your rights.


You can file a personal injury lawsuit concurrently with your workers' compensation claim if you believe you have grounds to do so without endangering the benefits at stake. You may be eligible for punitive damages, which are jury awards meant to punish the negligent party, in addition to compensatory damages, which cover losses such as medical expenses and property damage.


Find A Labor Law Attorney in California


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