Every job has its dangers. Whether you tripped and fell at the office, crashed while driving a company car, or suffered serious injuries on a construction site, you're entitled to pursue compensation when you get seriously injured on the job. Every year, thousands of Californians are rushed to the hospital because of workplace accidents.
"Women in Law" Award Winner, Emily Ruby, is passionate about handling complex work injury cases other attorneys think are impossible, many of which involve catastrophic injuries and deaths. Her firm has obtained more than $600 Million in compensation for her clients with an impressive 97.4% success rate. She was selected as one of Forbes' Best Wrongful Death Lawyers for her work with families of workplace fatality victims and is a writer for the prestigious legal publication Advocate Magazine. With Emily and Greenberg and Ruby Injury Attorneys, you're in great hands.
At Greenberg and Ruby Injury Attorneys, APC you can rest assured knowing that the full force of our experience fighting, and winning, will be put to work on your behalf. Call (323) 782-0535 today to obtain your free case evaluation from a caring, proven Los Angeles work injury attorney. Workers' compensation laws in the state of California give you the right to medical care, permanent and temporary disability pay, and more, even if you were responsible for the accident that caused your injuries. Under Los Angeles law, employers are legally required to carry insurance that covers workers that get injured on the job. Insurance companies are financially liable to workers that suffer injuries.
Key Points - Table of Contents
- Causes of Workplace Accidents
- Types of Los Angeles Work Injury Cases We Handle
- Los Angeles Workers' Rights After An Injury
- Notifying Your Employer
- Third-Party Work Accident Lawsuits
- How Does a Permanent Disability Rating Affect a Final Work Injury Settlement?
- Workers' Compensation versus Personal Injury Compensation
- Do You Need a California Work Injury Lawyer? Free Consultation and Legal Guidance
- Frequently Asked Questions
Causes of Workplace Accidents
Here are some of the most common causes of accidents in the workplace:
Slips, trips and falls: Slick floors, damaged carpeting or broken stairs are just a few examples of what might cause slip-trip-and-fall accidents in the workplace.
Lifting: Employees such as warehouse workers who are required to lift as part of their job may be prone to sprains or strains. While these injuries are not critical or life threatening, they can lead to conditions such as chronic pain, which have the potential to leave individuals disabled.
Repetitive stress: Repeatedly doing the same tasks such as typing, bending and assembling products could result in repetitive stress injuries. Carpal tunnel syndrome is one of the common examples of these types of injuries.
Hazardous materials: Improper storage of handling of hazardous materials is another common cause of workplace accidents. Often times, workers are not provided with proper personal protective equipment, which leaves them more vulnerable to injuries caused by hazardous materials.
Workplace violence: Unfortunately, violence in the workplace has become all too common. Employers should take proactive steps to resolve conflicts to reduce these types of risks. Employees should also receive safety training and be educated about the employer's action plans in crisis situations, such as how to respond in active shooter situations.
Types of Los Angeles Work Injury Cases We Handle
Not every Los Angeles work injury is one in which you can receive workers' compensation. Some minor injuries are not worth hiring a work injury lawyer, but you should never try to make that decision without a full evaluation from an experienced professional. One of the most important questions employees should ask after a work injury is: do I need a work injury attorney?
According to the U.S. Bureau of Labor Statistics (BLS), 5,333 workers died as a result of workplace injuries in the United States in 2019 and nearly 2.8 million people were injured at work or became ill as a result of workplace injuries during the same year.
The following are common injuries that occur at work as well as tips to help determine whether or not they require a California work injury attorney:
Slips, trips, and falls: These types of injuries account for nearly a third of all types of personal injuries in the workplace. Falls can result in injuries ranging from head, neck and back injuries to broken bones, cuts, sprains and pulled muscles. Some of the common reasons why slips, trips and falls occur in the workplace include spills, slick surfaces, weather hazards, loose rugs, poor lighting, clutter or debris, uncovered wiring and uneven walking areas. Roof falls can result in significant injuries. Scaffolding accidents can result in injuries or death. If the fall resulted in significant medical bills, victims should contact a workers compensation lawyer they trust as soon as possible and have their situation evaluated for workers' compensation.
Machinery-related injuries: A number of Los Angeles worksites have people working with heavy machinery. When cranes, forklifts, or any other type of machinery does not have proper guards, they can pose a major safety hazard. Body parts could get caught. Workers could get struck by moving parts or flying components from machines, which lack protective guards. Machinery-related accidents could result in crushed body parts, lacerations, loss of vision, etc. Machines should have guards to prevent workplace accidents. Defective machinery can cause serious injuries or death. Operators of machinery should get proper training and also receive protective equipment such as clothing, eye shields, hearing protection and so on. If the injury resulted in significant medical attention, victims should contact a work injury lawyer they trust as soon as possible.
Vehicle-related accidents: These are some of the most common types of accidents at construction sites and other work areas. Workers may be struck by or run over by a moving vehicle. They may fall off a vehicle or be struck by objects falling from a vehicle. Avoiding these types of workplace accidents begins with evaluating who is at risk as well as how, when, where and why these accidents commonly occur. If the workplace accident resulted in significant medical attention, victims should contact a workers compensation lawyer they trust as soon as possible and have their claim to workers' compensation benefits evaluated.
Fire and explosions: Explosions and fires in the workplace are often caused by risk factors such as defective gas lines and flammable materials that are not properly stored. The injuries caused by fires and explosions could be devastating and life changing. The U.S. Occupational Safety and Health Administration (OSHA) recommends several safety measures to prevent these types of deadly accidents and injuries including maintaining material safety data sheets for all chemicals and providing workers with personal protective equipment at all times. If the accident resulted in significant medical attention, victims should contact a workers compensation attorney they trust as soon as possible.
Trenching accidents: Every year, more than two dozen construction workers are killed in excavation and trench collapse accidents. Hundreds more suffer severe and debilitating injuries. OSHA provides regulations on the safety measures that must be taken to reduce the risk of accidents or injuries from trenching and excavating. Those generally include having a protective system for trenches that are five feet or deeper, unless it is made up completely of stable rock, and safe access to and from all excavations, such as ladders or ramps. If the accident resulted in significant medical attention, victims should contact a workplace injury attorney they trust as soon as possible.
Welding accidents: Welding is a process that is essential to work sites in Los Angeles and throughout the country, but it is also highly dangerous. Despite there being heavy regulations in place to help keep workers safe, welding accidents continue to happen, and the resulting injuries are often severe. If the accident resulted in significant medical attention, victims should contact a workers compensation attorney they trust as soon as possible for a potential workers' compensation claim.
Warehouse accidents: There is a disproportionately high accident rate in warehouses than in other employment sectors. Additionally, the fatal injury rate exceeds the national average in all workplaces. This is due to such an active environment, containing heavy products and volatile equipment. If the warehouse accident resulted in significant medical attention, victims should contact a workers compensation attorney they trust as soon as possible.
Los Angeles Workers' Rights After An Injury
Many victims of workplace injuries are unaware of their rights after a work injury. In some cases, victims fail to take necessary steps to claim their compensation and their opportunity is lost. If you have been injured on the job, you have a number of legal rights to consider and utilize (when appropriate):
- You have a right to file a claim with the responsible insurance company for your injury by filing a workers' compensation claim.
- You have the right to see a doctor and pursue medical treatment.
- You have the right to return to your job if your doctor has released you to return to work.
- You have the right to disability compensation if you are unable to return to work due to your injury – be it short-term or long-term.
- In addition to filing for workers' compensation, you have the right to file a work injury lawsuit against the third party (other than your employer) whose negligence or wrongdoing caused your injury.
- You have the right to be represented by a workers compensation lawyer throughout the work injury claim process.
- You have the right to file a work injury lawsuit regardless of your immigration status.
Notifying Your Employer
California employees do not have to prove that their employer was at fault for a work-related injury in order to file a workers' comp claim. However, employees in California do have a duty to report their work-related injuries or illnesses in a timely manner.
If you were injured in an accident on the job, the law requires you to notify your employer within 30 days of the incident. Even though you have 30 days, it is best to report it as soon you possibly can. If you have questions or concerns, please call an experienced Los Angeles work injury lawyer who can help address them. When it comes to repetitive stress injuries, you are required to notify your employer within 30 days as well. However, in such cases, the onset date or when you recognized you have the injury, may be disputed.
Once you inform your employer or supervisor about your workplace accident, they are required to provide you with a workers' comp claim form. When you turn in your portion of the form, you have satisfied you duty to report your injury. When you fail to notify your employer in a timely manner, it could lead to complications in the future including the denial of your injury claim.
Third-Party Work Accident Lawsuits
When a worker is injured on the job, they are typically entitled to workers' compensation benefits—regardless of who was at fault. These benefits can help cover medical expenses and a portion of lost wages, but they often fall short of fully compensating victims, especially when serious injuries are involved. What many workers don't realize is that they may also have the right to file a third-party liability claim, which can provide significantly greater compensation.
A third-party claim is a separate civil lawsuit filed against someone other than your employer whose negligence contributed to your workplace injury. These third parties may include:
- General contractors and subcontractors
- Employees of other companies
- Property owners or property managers
- Manufacturers or distributors of defective products
- Negligent drivers (if the injury occurred in a vehicle while on the job)
For example, if you were delivering goods and were struck by a negligent driver, you could file a workers' compensation claim through your employer and also pursue a third-party personal injury claim against the at-fault driver. The workers' comp claim would cover medical bills and partial lost wages, but the third-party claim could also provide compensation for pain and suffering, emotional distress, permanent injuries, and more.
Third-party work accident lawsuits are civil claims filed in state or federal court. These cases require proving that a third party's negligence caused or contributed to your injury. While workers' compensation does not allow for damages such as pain and suffering, third-party lawsuits do—and this can significantly increase your total compensation.
Damages available in a third-party work accident claim may include:
- Medical expenses (past and future)
- Lost wages and loss of future earning capacity
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
- Loss of consortium
- Property damage
- Loss of enjoyment of life
Because third-party claims are more complex and often more valuable than workers' compensation claims, it's critical to work with experienced Los Angeles work injury attorneys who can evaluate all potential sources of liability and build a strong case. At Greenberg and Ruby, we help clients pursue these claims to recover the maximum compensation available.
If you or a loved one has been seriously injured at work, contact us today to find out whether you may have a third-party work accident claim in addition to your workers' compensation benefits.
How Does a Permanent Disability Rating Affect a Final Work Injury Settlement?
A "rating" is essentially a percentage that estimates how much your disability limits the type of work you can do, or your ability to make a living. This rating is important because it also determines the amount of your permanent disability benefits. These ratings are based on a number of factors:
- Your medical condition as described in your official medical report
- Your date of injury
- Your age at the time of injury
- Your occupation (what you were doing at the time of the injury)
- To what extent your disability was caused by your job as opposed to other factors
A rating of 100%, which is rare, means that you have a permanent total disability. A rating between 1 and 99% means that you have permanent partial disability. Most injured workers do not have a permanent disability. Your permanent disability amounts are set by the law. The claims administrator will determine how much to pay you based on your disability rating, your date of injury and your income prior to the injury.
If you have concerns about how your permanent disability rating can affect your work injury settlement, please contact an experienced California work injury attorney who can provide answers and guidance.
Workers' Compensation versus Personal Injury Compensation
The primary differences between a workers' compensation claim and a personal injury lawsuit in work injury cases involve fault requirements and the types of compensation available to injured workers. However, the biggest and most significant difference between a personal injury claim and a workers' comp claim is that a personal injury claim has a basis in fault while a workers' compensation does not.
Fault and Negligence
In a personal injury case, in order to recover damages, the defendant must have been negligent in some way. In other words, the plaintiff in a personal injury case must prove that the defendant caused his or her injuries and the resulting damages and losses due to negligence (carelessness) or wrongdoing. For example, if your personal injury lawsuit stems from a car accident where the driver sped up, ran a red light and struck you when you were on the job, then you can claim in your injury lawsuit that the driver acted in a negligent or reckless manner by violating the rules of the road.
In workers' compensation cases, fault is not required. An employee who suffers an injury on the job is entitled to workers' comp benefits. Whether or not workers receive these benefits doesn't hinge on who was at fault. You don't need to prove that your employer or co-workers were negligent in order to receive workers' comp benefits. Even if a worker's negligence caused his own injury, he would still be entitled to receive workers' comp benefits.
Pain and Suffering
One of the biggest differences between damages in a Los Angeles personal injury lawsuit and a workers' compensation case is that workers are not entitled to receive benefits for pain and suffering in a workers' comp case. In a personal injury lawsuit, workers are entitled to receive full compensation including for non-economic damages such as pain and suffering.
Also, filing a personal injury lawsuit will give workers the opportunity to claim compensation for other losses such as lost earning capacity, future medical expenses, permanent injuries, and loss of life's enjoyment – which are all not covered under workers' comp. It is important to understand that workers' comp benefits only pay medical expenses and a portion of lost income. You cannot receive benefits for pain and suffering in a workers' comp case.
Do You Need a California Work Injury Lawyer? Free Consultation and Legal Guidance
Workplace injuries can turn your life upside down, threatening your financial stability and your family's future. Whether you've suffered a serious accident or are simply struggling to get the benefits you deserve, speaking with a knowledgeable California work injury lawyer can make all the difference. At Greenberg and Ruby Injury Attorneys, APC, we help injured workers across Los Angeles navigate the complexities of their claims and pursue maximum compensation—whether through workers' compensation, third-party lawsuits, or both.
Here are common situations where hiring a Los Angeles work injury lawyer is critical:
- Your workers' compensation claim was denied: An attorney can guide you through the appeals process and fight to overturn the denial.
- You have a preexisting condition: Insurance companies often try to blame your current symptoms on past injuries. A lawyer can help prove the injury was caused by your job.
- You are struggling to get medical treatment: An experienced lawyer will know how to connect you with qualified doctors and evaluators to ensure your injuries are properly diagnosed and treated.
- You have a workers' comp hearing: If the insurance company refuses to offer a fair settlement, legal representation at your hearing is essential to protect your rights and prove your case.
There is nothing more fulfilling than earning a living and providing for your family. But a serious workplace injury can shatter that sense of safety and leave you overwhelmed. Greenberg and Ruby understands the pain, stress, and uncertainty that follow a job-related accident. We are here to help you secure the compensation you need to move forward with confidence.
Our firm has a proven record of results, including:
- $12 million verdict – Wrongful death from a work truck explosion
- $12 million settlement – Defective work vehicle
- $7 million settlement – On-the-job wrongful death car accident
Whether a case is settled out of court or goes to trial, their workplace injury attorneys know and fully understand what it takes to win. Call today at (323) 782-0535 to schedule your no-cost, no-obligation consultation and case evaluation.
Frequently Asked Questions
Here are answers to some of the most frequently asked questions about workers' compensation in Los Angeles:
How does attorney payment work?
At Greenberg and Ruby Injury Attorneys, we work on a contingency fee basis. That means you pay no upfront costs and no legal fees unless we win your case. If we secure a settlement or verdict on your behalf, our fee is a percentage of the total recovery. This allows injured workers and their families to get high-quality legal representation without having to worry about out-of-pocket expenses. If there is no recovery, you owe us nothing. Your consultation is also free, so there's no risk in speaking with a lawyer to understand your rights and options.
Is my employer required to carry workers' compensation insurance?
Under Los Angeles law, all employers are required to carry workers' compensation insurance – even if they have only one employee.
What does workers' compensation pay for?
Workers' comp essentially covers medical expenses and a portion of lost income after a worker is injured on the job. Workers' comp only covers such expenses for injuries that are suffered on the job. Medical treatment benefits typically cover the full cost of doctor's bill and other medical expenses incurred. Disability payments equal about two-thirds of your regular wages while you are temporarily disabled. If your disability is permanent, you will receive a disability rating and permanent benefits based on that rating. Benefits are also available for job retraining if you are unable to return to the same type of work.
Can I choose my own doctor?
You may be able to choose your own doctor. However, your employer may have the authority to choose your doctor for your first appointment. After that, you may be able to select a different doctor as long as the doctor accepts workers' comp insurance.
Can I sue a party other than my employer after a work-related injury?
Yes. These types of claims are known as third-party claims. Third-party claims are essentially personal injury claims that are filed against individuals or entities (other then the employer) who caused your accident and injuries. These types of claims are often worth much more than workers' comp benefits because they cover other types of damages, which are not typically covered under workers' comp such as lost future income, loss of earning capacity and pain and suffering. Examples of third parties include contractors, sub-contractors, property owners and manufacturers of defective products.
Are undocumented workers covered under workers' compensation?
Los Angeles workers' compensation law specifically includes "aliens" in the definition of employees who are eligible for workers' compensation benefits. So, even if you are undocumented, you are entitled to receive compensation for injuries suffered on the job.
