Your boss has the responsibility to keep you safe at work. If you get injured, they will be liable to pay workers' comp in California. That said, how do you go about getting that compensation?
There might be a lot of requirements you need to meet before becoming eligible to file for workers' comp or sue your boss. So let's look at what goes down when you consult with a California workers' comp lawyer and what factors might affect your decision:
The Legal Aspects Of Unsafe Working Conditions And Workers' Comp In California
A California Workers Comp Lawyer will go through your case and explain the law and it's intricacies. That said, if you want to know what to expect from your first consultation, here's what to expect:
Is it Legal to Sue for Unsafe Working Conditions?
Talking to your supervisor should always be your first course of action if you come across unsafe working conditions. Next, talk to your supervisor's boss if your complaints aren't satisfactorily addressed by that supervisor. When you've reached your limit, you should speak with Cal/Enforcement OSHA's Branch so they can look into the problem.
Give written notice to your employer of a safety issue that does not present an immediate threat. Your employer cannot take adverse action against you for filing a safety violation complaint. However, you might face a new kind of legal action if it does.
Consulting a Lawyer Regarding Adverse Working Conditions In California
Speak with an employment lawyer if you have a good basis to believe that the working circumstances at your place of employment are so subpar as to provide you the right to refuse to perform your job until it improves. You can talk about the following with your lawyer:
1. Describe The Unsafe Working Environment
Inform your Workers Comp Lawyers in Los Angeles of workplace issues, including potential safety hazards. Describe why these risks pose a threat to you and your coworkers.
2. Discuss The Possible Effects Of The Unsafe Working Environments
Inform your California Workers Comp Lawyers if workplace safety risks contributed to an accident. Not only should you go through the things that might have happened to you, but other coworkers. This is how you and your lawyer can present the gravity of the hazards.
3. Go Through The Steps You Took To Address The Situation
Inform your lawyer whether you've discussed your concerns with your manager or anybody else at the business. Additionally, describe how, when, and where you brought up your problems with superiors.
Also, let your Workers Comp Lawyer in Los Angeles know what they said in response. Finally, give your attorney the supporting documents if you have complained to Cal/Enforcement OSHA's Branch.
4. Your Attorney Will Advise You On What To Do Next
Your lawyer will probably advise you to speak with superiors about your concerns if you haven't already. If you have, your employment law attorney in California will assess the circumstance and advise you on the best course of action.
Again, not all workers' comp and employment law cases are identical. How they are handled depends on several factors, including the circumstances around the unsafe work environment, your boss' action or inaction, and your available options.
5. Understand The Possible Outcomes
Ask your California labor law attorney about what might occur if you take the suggested action. For example, you may find out if you have the right to refuse work until the problem is resolved or if you have any legal options.
Find A Prescreened Workers Comp Attorney In Los Angeles
1000Attorneys provides state bar-certified lawyer referral services in California. We review your case details for free, then match you with a fitting Workers Comp Lawyers in Los Angeles best-fitted to handle your employment law concerns.
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