Workplace accidents are an unfortunate reality across all industries. From minor slips in an office to serious incidents on construction sites or in factories, the potential for injury exists in every profession. If you’ve been hurt while working, whether it’s a car crash during deliveries, a fall in the office kitchen, or a machinery malfunction in a warehouse, understanding your rights is crucial. You may be entitled to compensation for your injuries, lost wages, and medical expenses.
Since 1987, our firm has been dedicated to protecting the rights of injured workers throughout Los Angeles and surrounding areas. California law provides robust workers’ compensation benefits to employees hurt on the job. These benefits can cover medical treatment, temporary disability payments while you recover, and permanent disability benefits if your injuries have long-term effects. Importantly, you are often entitled to these benefits regardless of who was at fault for the accident. California law mandates that employers carry workers’ compensation insurance, and these insurance companies are responsible for compensating employees injured during their work duties. The Dominguez Firm has a proven track record of success, having secured over $1 Billion* for our clients who have been injured. We understand the complexities of workplace accident claims and are here to advocate for your rights.
California Legal Employment Rights
Navigating Workers’ Compensation and Personal Injury Claims After a Workplace Accident
When a workplace accident occurs, you generally have the right to file a workers’ compensation claim. This system is designed to provide benefits to injured employees quickly and efficiently, without needing to prove fault. The first step in a workers’ compensation claim is to formally report your injury to your employer. If you haven’t already done so, a lawyer for an accident at work can assist you with this crucial step. Your employer is then obligated to facilitate medical treatment for your work-related injuries, as well as provide temporary disability benefits while you are unable to work, and potentially permanent disability benefits depending on the nature and severity of your injury.
However, some workplace accident scenarios are more complex and may involve a personal injury claim in addition to or instead of workers’ compensation. This arises when a third party, someone other than your employer or a co-worker, is responsible for your injuries. For example, if you are injured in a car accident while driving for work and another driver is at fault, you may have both a workers’ compensation claim and a personal injury claim against the at-fault driver. Similarly, if defective equipment manufactured by a third-party company causes your injury at work, you might have grounds for a personal injury lawsuit against that manufacturer.
Determining the best course of action – whether to pursue workers’ compensation, personal injury, or both – can be challenging. Consulting with an experienced lawyer for accidents at work is essential. At The Dominguez Firm, we are uniquely positioned to advise you on this. We are one of the few firms in Los Angeles with expertise in both workers’ compensation and personal injury law. This integrated approach means that if your case involves both types of claims, we can handle all aspects of your legal representation within one firm. This avoids the potential for conflicting strategies and ensures a cohesive approach to maximizing your compensation.
Common Causes of Accidents at Work
Workplace accidents can occur in any environment, but some industries and situations carry higher risks. Understanding common causes can help both employers and employees take preventative measures. Here are some examples of common workplace accidents:
- Construction Site Accidents: Construction work is inherently dangerous, with frequent accidents such as falls from scaffolding or ladders, being struck by objects, being caught in or between equipment, electrical injuries, and power tool accidents. Exposure to hazardous materials like asbestos is also a significant concern in construction.
- Factory and Manufacturing Accidents: Factories present risks from heavy machinery, repetitive tasks, and fast-paced environments. Common accidents include repetitive motion injuries like carpal tunnel syndrome, injuries from forklifts and other heavy equipment, conveyor belt accidents, and slip and fall incidents.
- Industrial Accidents: Industrial settings, such as chemical plants or oil refineries, can involve catastrophic accidents like fires, explosions, and exposure to toxic substances and chemical burns.
- Vehicle Accidents: For employees who drive as part of their job, car and truck accidents are a major risk. This includes delivery drivers, sales representatives, and anyone operating a company vehicle.
- Office Accidents: Even seemingly safe office environments can have accidents. Slip and fall injuries, often due to spills or tripping hazards, are common. Repetitive strain injuries like carpal tunnel syndrome from prolonged computer use, and exposure to toxins like mold, can also occur in offices.
Your Rights After a Workplace Injury in California
California law ensures that every employer must have valid workers’ compensation insurance. This insurance is your safety net if you are injured on the job, covering medical bills and lost income. California operates a “no-fault” workers’ compensation system. This means that in most cases, you are eligible for workers’ compensation benefits regardless of who caused the accident, even if it was partly your fault. As long as you were “on the clock” and performing your job duties when the injury occurred, you are generally covered. There are very few exceptions to this rule.
If you’ve been injured at work in Los Angeles, it’s important to know that you have significant rights designed to protect you. These rights aim to help you recover your health and compensate you for lost earnings. However, accessing these rights isn’t always automatic. Insurance companies and employers may not readily offer the full benefits you are entitled to. This is where a Lawyer For Accident At Work becomes invaluable. We can help you navigate the often complex workers’ compensation system and fight for your rights.
How Permanent Disability Ratings Affect Your Work Injury Settlement
A crucial aspect of many workers’ compensation cases is the permanent disability rating. This rating can significantly impact the amount of your final settlement. After you have reached maximum medical improvement, meaning your condition has stabilized and is unlikely to improve further, a doctor will assess your permanent disability. This is expressed as a percentage from 0 to 100%. This rating directly determines the amount of permanent disability benefits you will receive.
Insurance companies often seek to minimize permanent disability ratings to reduce their payouts. Having a skilled lawyer for workplace accidents is essential to ensure your disability rating accurately reflects the impact of your injuries. We will advocate for a fair and comprehensive assessment of your condition to maximize your benefits.
Factors that Influence Your Permanent Disability Rating
Several factors are considered when determining your permanent disability rating:
- Your Age: Older workers may be considered to have a greater impact from a disability on their future earning potential.
- Date of Injury: Laws and regulations regarding disability ratings have changed over time. The date of your injury can affect which rules apply to your case (for example, injuries before January 1, 2013, are assessed differently).
- Occupation and Job Duties: The physical demands of your job are considered. A disability may have a greater impact on someone in a physically demanding job compared to someone in a sedentary role.
- Type of Injury and Affected Body Parts: The specific nature of your injuries and the body parts affected are primary factors in determining the rating.
- Ability to Compete in the Job Market: The assessment considers how your disability affects your ability to find and maintain employment in a fair job market.
- Work Limitations: Any restrictions on the type of work you can do or physical activities you can perform due to your disability are taken into account.
California Senate Bill 863 in 2012 brought about changes to permanent disability assessments, generally increasing maximum weekly and monthly payments. However, despite these legal protections, insurance companies often prioritize their bottom line. This is why it is crucial to have a dedicated lawyer for accidents at work fighting for your rights and ensuring you receive the full benefits you deserve.
When Should You Hire a Lawyer for an Accident at Work?
Many people believe they can handle a workers’ compensation claim on their own. However, navigating the system and dealing with insurance companies can be complex and challenging. Insurance companies are businesses focused on minimizing payouts, and they may use tactics to undervalue your claim or deny benefits.
Just as you would seek a professional in other specialized areas, such as a top athlete for sports performance, having an experienced lawyer for accident at work is crucial to protect your interests in a workers’ compensation case. Trying to handle your claim alone can put you at a disadvantage.
Key Situations Where You Need a Workers’ Compensation Attorney:
- Filing Your Initial Claim: A lawyer can ensure your claim is filed correctly and promptly, avoiding potential delays or denials from the outset.
- Claim Denial: If your workers’ compensation claim is denied, a lawyer can help you appeal the decision and fight for your benefits.
- Benefit Disputes: If any of your benefits, such as medical treatment or disability payments, are denied or withheld, a lawyer can intervene and advocate for your rights.
- Inadequate Settlement Offers: If the settlement offer you receive does not adequately cover your lost wages, medical expenses, and future needs, a lawyer can negotiate for a fairer settlement.
- Inability to Return to Work: If your medical condition prevents you from returning to your previous job, a lawyer can help ensure you receive appropriate vocational rehabilitation benefits and permanent disability compensation.
- Social Security Disability (SSDI) Applications: If you need to apply for Social Security Disability benefits in addition to workers’ compensation, a lawyer can help coordinate these claims.
- Employer Retaliation or Discrimination: If your employer retaliates against you for filing a workers’ compensation claim or discriminates against you due to your injury, a lawyer can protect your rights and pursue legal action if necessary.
- Third-Party Claims and Employer Misconduct: If a third party was responsible for your injuries, or if your employer engaged in serious misconduct that contributed to the accident, a lawyer can help you pursue both a workers’ compensation claim and a civil lawsuit to maximize your compensation.
- Challenging Permanent Disability Ratings: If you disagree with your permanent and stationary report or believe your disability rating is too low, a lawyer can help you challenge it.
- Maximizing Benefits and Compensation: In general, a lawyer’s expertise is invaluable in ensuring you receive the maximum benefits and compensation you are entitled to under the law.
Workplace accidents can have devastating consequences for you and your family. Don’t leave your future well-being to chance.
We Are Here to Help
If you have suffered a serious injury in a workplace accident, you need experienced legal representation to protect your rights. An experienced and compassionate lawyer for accidents at work at The Dominguez Firm can provide you with a free consultation to discuss your case and advise you on your best course of action. If you are not receiving adequate medical care through your employer’s workers’ compensation insurance, we can help you change doctors to ensure you get the treatment you need. If you haven’t yet filed your claim, we can handle all the necessary paperwork for you.
We are committed to fighting for the maximum compensation and workers’ compensation benefits you deserve. And remember, we work on a contingency fee basis – meaning you pay no fees or costs unless we recover compensation for you. You have nothing to lose by calling us. We are available 24/7 and can come to you, whether you are at home or in the hospital, anywhere in the Greater Los Angeles area. Call us today for a FREE CONSULTATION: 800-818-1818.
