An injury at work can turn your life upside down. The initial workplace accident is already physically painful, but trying to recover from a work injury while dealing with mounting medical bills, lost wages, and paperwork makes the suffering feel endless. What’s more, the process for filing a workers compensation claim has tight deadlines, so it’s important to submit documents as soon as possible.
Particularly for victims of severe work injuries, specialist workplace injury lawyers help gather evidence, navigate all the complexities, and pursue compensation for expenses that also account for your future. Workplaces in California are expected to be as safe as possible for its workers, or the company can face heavy fines or more.
Stay informed of your rights. With the right legal help, you may be entitled to a substantial amount of workers’ compensation that you didn’t realize was available.
What Is Workers Compensation Insurance?
Workers compensation insurance is a state-mandated insurance platform designed to provide medical benefits and wage replacement for job-related injuries or illnesses. It’s the oldest type of social insurance in the United States and meant to help protect workers from dangerous working conditions beyond their job description.
As long as a business employs one or more employees, they must provide no-fault workers’ compensation benefits to their employees according to California Labor Code 3700. Employers are also required to have a workplace rights notice in an easily accessible place, letting workers know they have a right to consult with a workplace injury lawyer.
Who is an Employee, and Who is Covered Workers Compensation Insurance?
California Labor Code 3351 defines an employee as “every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed. Some unexpected categories include:
- Undocumented workers
- Minors
- Family members
- Workers without formal employment contracts
If you are unsure, you can consult a workplace injury lawyer to learn more about your rights and legal options. Many work on contingency fees and have free consultations, meaning you can ask for help regardless of your financial situation.
Most Common OSHA Violations
Most OSHA violations are not some exotic, one in a million hazard. They are the basic everyday stuff that get skipped when the crew rushes or when a supervisor assumes everyone knows. Unfortunately, training is also sometimes treated like a checkbox instead of a safety system meant to protect its workers and prevent workplace injuries.
Every year, these violations amount up to 250 million dollars in fines and the list of citations barely changes. These common OSHA violations include:
- Fall protection and training
- Hazard communication standards
- Ladder safety
- Lockout tag out
- PPE, eye, respiratory and face protection
- Powered industrial trucks (Forklifts)
Employers have a duty of care to keep the premises safe, and foresee or prevent dangers. If there was willful failure, meaning they knew or should have known, the workers compensation you may be entitled to could be higher than the initial amount offered. A workplace injury lawyer can protect you through investigation and advocating for your rights.
Proving Negligence and Documenting Damages
In order to resolve your claim as soon as possible and get fair compensation, it’s important to document the damages. These serve as evidence and help in determining the maximum compensation potential available. Note that workers’ compensation insurance is meant to be “no-fault”, meaning even if you are partially to blame, you may still be covered. The amount that you may be entitled to would also likely increase if your employer was negligent.
Documentation includes but is not limited to:
- Receipts for medical expenses (rehabilitation, treatment, and appointments)
- Record of work limitations and missed days
- Incident reports (to supervisor, HR, employer)
- Journal of symptoms (pain and restrictions)
- Photographs (work accident scene and injuries)
How Can a Workplace Injury Lawyer Get Me Justice and What Should I Do?
Workplace injury lawyers protect your rights, advocate for fair outcomes and handle the legal processes while you focus on recovering from your workplace injuries. They can gather evidence, build a strong claim and pursue compensation that accounts for both immediate and future losses.
In the meantime, ensure you seek medical attention for your injuries and avoid posting online or giving statements unnecessarily. Especially if you suspect surveillance or potential unfair treatment from your employer or insurance company, it is best to be vigilant so that nothing is taken out of context. In this way, you can reduce potential harm to your claim and improve your settlement as much as possible.
