No matter what industry you work in, it’s important that you feel safe in the workplace. Fortunately, there are laws and regulations in every industry that aim to minimize workplace injuries. Most workplaces incorporate these laws into their employee handbooks and workplace rules.
Though most workplaces make every effort to protect their employees, it’s still possible for a workplace injury to occur. If you’re injured in the workplace, you have the right to be properly compensated for your suffering. There are a few ways to ensure that you get the financial support that you need.
With the help of a workplace accident attorney, you can get the support that you need after your work injury. When you have a legal professional on your side, you can be sure you’re using all your resources during this time of uncertainty and suffering.
For over 20 years, our firm has been helping victims of workplace accidents in the Los Angeles area. We have a deep understanding of workplace injury law in California, and we are prepared to use the state’s employment law to your advantage in court. No matter what you are going through or the circumstances of your injury, our team has the expertise to represent you.
We focus on workplace injury claims and workers’ compensation benefits because we believe that no one should suffer the financial fallout of a workplace personal injury. Your job is meant to support you, not keep you from participating in your life. When a workplace injury leads to long-term problems, we’re here to make sure that you are not financially responsible for something that wasn’t your fault.
Employers have a legal obligation to make sure that their facilities are safe for employees. Many laws dictate how employers must achieve this goal and standards that all workplaces must meet. Workplace accidents can occur because the facility is not safe, because of another employee’s negligent behavior, or for reasons outside of anyone’s control.
Examples of workplace accidents include:
Any injury or incident that happens at work can be categorized as a workplace accident.
It’s important to understand how you can expect to be treated if you’re involved in a workplace accident. If you are injured at work, you have the right to:
This means a few different things. First, it means that your employer cannot prevent you from filing a workers’ compensation claim. They are required to have workers’ compensation insurance and must allow workers to use it when the circumstances call for it.
In regard to medical care, it’s important to note that you may need to seek medical care at a certain hospital or care facility if you are using workers’ compensation. Just like any other United States medical insurance plan, there may be limitations to where the workers’ compensation insurance pays for services.
Finally, your employer must allow you to come back to work once you’re cleared by your doctor. They cannot force you to come back before that time, and they cannot fire you because of your absence. If you’ve filed a workers’ compensation claim, your job should be waiting for you when you get back, even if they had a temporary replacement while you were gone.
Under California employment law, most businesses are required to have workers’ compensation insurance for their employees. These insurance policies help to compensate employees after they’ve been hurt at work. This money is meant to help pay medical bills and make sure that your family doesn’t suffer because of something that happened at work.
California workers’ compensation is a fairly robust system and covers most workplace accidents. The only time workers may be ineligible is if:
This means that, as long as you are following your workplace handbook, you are usually covered in the case of an accident. For example, let’s say you are walking to the break room for your state-mandated 15-minute break when a box falls from a shelf and breaks your foot. Though you were not performing the duties of your job, you were well within your rights as a worker to be walking to the break room. This injury should be covered by workers’ compensation.
However, if you were walking to the break room after stepping outside while you were under the influence of marijuana, and a box fell because you bumped a shelf, you would likely not be eligible because you were under the influence of drugs when the accident occurred.
It may seem as if workplace accidents and workers’ compensation claims are fairly straightforward. Unfortunately, this is not always the case. Employers often try to avoid paying for workplace injuries if they can by trying to blame the victim or another worker for what happened. This is one of the main reasons that workplaces will drug test before they grant workers’ compensation. Though a positive drug test does not prove that the worker was under the influence while on the job, it can give the employer an excuse not to pay.
When you are facing a workplace injury, you must receive all the support you can get. These accidents can be serious and require costly medical attention. Many families cannot afford to cover these kinds of unexpected expenses. With the help of a Los Angeles industrial accident attorney, you can make sure that your employer acts legally and fairly. You can also give yourself the best chance at receiving proper medical care without having to pay out of your own pocket.
It’s also important to note that you may be able to take your case beyond workers’ compensation. If you’re hurt by another employee’s actions, you likely have grounds to file a personal injury claim against you. If you win, the settlement can help support your family while you heal and well into the future. When you have an attorney on your side, you can be sure that you’ve covered all of your bases. We can alert you to any additional action that you can take that may help to support you while you heal.
Many people want to know how much an attorney will cost them, should they get legal representation. Unfortunately, it’s very difficult to say how much it will cost. Every Los Angeles work injury law firm charges differently and usually by the hour. This means that your attorney’s services will depend upon how complicated your case is and how long it takes.
It’s always important to speak with potential attorneys about their fees before you begin to work with them. This ensures that you can afford their services, and they can properly finish your case. If you do not discuss finances with them and realize in the middle of the case that you can no longer afford their services, you will likely lose your case and settlement.
In some situations, workers are eligible for temporary or permanent disability benefits after a Los Angeles work injury.
If your doctor tells you that you cannot return to work for a period of time while you heal from your injury, you can begin to collect temporary disability benefits. These benefits help to make up for the wages that you lose from being out of work and make sure that you can pay your bills and meet your family’s needs. However, it’s important to note that these disability benefits will equal only about 75% of your normal weekly paycheck.
If you are approved for temporary disability, you can receive payments until your doctor clears you for normal activities, up to 104 weeks. This means that you can be on temporary disability for up to two years in the state of California. If, after this time, you are not fit to return to your job or will not improve any further, you may be eligible for permanent disability benefits.
In some situations, a worker is unable to return to work at all, as the injury has permanently precluded them from performing their job tasks. For example, if a construction worker falls from scaffolding and breaks their leg, the injury may permanently keep them from being able to climb scaffolding to do their job. In this case, permanent disability is appropriate. They will have to find a different form of employment that fits with their new ability level.
Finding new employment is a complicated issue. Sometimes, workers are only trained or educated to do a limited number of things. If they are unable to use their body to do what they’re trained for, they must start at square one when finding a new career. In some situations, age is a consideration as well. Individuals who are close to retirement cannot reasonably be expected to learn an entirely new trade after a workplace accident has permanently maimed them.
At its core, permanent disability benefits aim to compensate the worker for both lost wages and lost opportunities that have occurred because of the injury. These benefits last anywhere from 4 weeks to 14 years.
In some terrible and unfortunate situations, an employee dies as a result of a workplace accident. In these situations, their family may be able to seek a wrongful death settlement from the employer.
Though a settlement won’t bring your loved one back to life, it can help to give you time and space to grieve. These settlements usually cover burial expenses and may even provide you with ongoing payments to replace the deceased’s income. This can be especially important in situations where the deceased was the family’s primary breadwinner.
Usually, you are not able to sue your workplace or take out a personal injury claim against them after you’ve been injured. This is because they’re expected to pay workers’ compensation to pay for your injuries, regardless of who was at fault. However, there are exceptions to this rule. You can sue your employer if:
If none of these apply to you, you can only get the workers’ compensation payments from your employer. However, you may be able to press charges against a fellow employee if their negligence caused your injury.
If you’re injured in the workplace, your first step should be to call our offices. Our team has a long history of fighting for Los Angeles workers, and we have the experience to make sure that you get the support that you need during this time. No matter what kind of injury you have sustained or the industry that you work in, we can help you navigate this process with ease.
For more information, please contact Mitchell Law Corporation online.