If you've been injured at work California and a third party is responsible, the lawyers at Greenberg & Ruby, LLP can help you file a worker compensation claim and receive benefits you are entitled to.
Injured at Work California? Contact Us to Determine the Best Course of Action
Accidents in the workplace happen all the time, and employees who are lucky walk away with just a scare. But in some cases, these accidents lead to a significant workplace injury. In 2016, 1.5 million nonfatal injuries or illnesses caused workers to miss work in the United States, according to the U.S. Bureau of Labor Statistics. When these injuries are serious it is important to understand that injured employees have legal rights and that employers have certain legal responsibilities toward their workers.
Over 5 million people fall victim to a work-related injury in the United States each year. Although fatal occupational injuries have decreased since 1992 by 17%, there is still a place for improvements that will make workers safer while they are on the job.
Approximately 14 people die each day due to workplace injuries, which means a worker dies every 102 minutes. Transportation accidents were the most common fatal workplace injuries from 2011 to 2016. These accidents are followed by violent events, falls, slips, and trips. Consequently, heavy and tractor-trailer truck drivers, construction workers, as well as farmers, run the highest risk of fatal work-related injuries.
Statistic data also show that the State of California is among the states with the highest number of workplace injuries resulting in death in the United States. According to the Bureau of Labor Statistics, in 2018, 422 people died in this state due to fatal workplace injuries. Almost 40% of them died in transportation accidents.
We know how traumatizing and serious a job injury can be, and we can help you receive workers' compensation benefits you are entitled to. Greenberg & Ruby, LLP, has been Los Angeles' number one work injury law office for over 50 years.
Don't let a workplace accident disrupt your life; reach out to us today to discuss your options. If you have suffered an injury at work, lawyers at Greenberg & Ruby, LLP law firm, will help you to determine the best course of action. Our skilled attorneys treat every workplace accident claim with understanding and dedication.
California Injured Worker: How Can a Work Injury Lawyer Help?
An injury of any sort that occurs on a job site is a work-related injury. These sorts of injuries can be anything from repetitive movement injuries caused by unhealthy working conditions to full paralysis from spinal cord injuries resulting from unsafe working conditions, defective tools, or negligent safety standards and precautions.
Any situation in which employees are overworked, fatigued, poorly trained, or inattentive can cause workplace injuries. Some injuries are purely accidental, but most could have been prevented.
Workplace injuries can also occur from any employer or employee negligence as well as due to dangerous working conditions. Badly designed workstations can result in muscular imbalances and repetitive stress injuries. Slip, trip, and falls can occur from broken steps, snow or ice, wet floors, or improperly assembled scaffolding. Motor vehicle accidents, as well as construction site accidents, cause countless injuries each year. In addition, broken or improperly used machinery can cause extreme injuries like loss of limbs.
It may be possible that two or more lawsuits can be filed against multiple parties, and the amount of damages that can be won will closely approximate the true cost of the workplace injury.
An injured worker lawyer should not only be called when you are hurt but also when a loved one has been injured or even killed on the job. That can cause all kinds of hardships to the people left behind.
We, at Greenberg & Ruby, LLP, are very sympathetic to the significance of losing the ability to provide income. We understand how stressful the accumulating medical costs can be when you are physically unable to do your job. With our injury lawyers at work, we can explore the different types of benefits you are entitled to collect to recover compensation.
Our attorneys will begin handling your case by assembling a team of dedicated professionals who will research every aspect of your claim, building a strong case against the company at fault, particularly if a third party is to blame. We handle the courtroom aspect of your claim, as well as the communication with the plaintiff's legal representative.
Work Injury California: Types of Work Injuries and Benefits
Workplace injuries range from physical to psychological trauma, and include:
- Injuries due to malfunctioning products or machinery
- Injuries as a result of an accident
- Accidents due to lack of proper working equipment
- Slips and Falls
- Accidents from unsafe working conditions
- A disease or illness from unhealthy working conditions
- Bodily harm as a result of workplace conditions
Injured employees may suffer from brain damage and other traumatic brain injuries, amputations, paralysis from spinal cord injuries, hearing loss, loss of vision, all manner of broken and fractured bones, sprains, strains and contusions as well as burns, cuts, and deep gashes.
Workers who perform the same tasks repeatedly may fall victim to repetitive movement injuries like carpal tunnel syndrome, lower back pain, shoulder impingement, and herniated or bulging spinal discs.
As a result of their injuries, employees injured on the job may have post-traumatic stress disorder, psychiatric conditions such as anxiety or depression, and eating disorders. If you have been hurt on the job, you are entitled to compensation for medical expenses, funeral costs, loss of wages, and pain and suffering.
Under California law, the following workers' compensation benefits may be available to a worker injured on the job:
- Medical Care: Payment of your medical care related to your work-related injuries or illnesses.
- Temporary Disability Benefits: Temporary disability benefits are paid if you are unable to engage in any type of substantial and gainful employment because of your workplace injury. The maximum allowable period for a worker to receive temporary disability benefits in California is 104 weeks.
- Permanent Disability Benefits: This type of benefit is paid if a physician determines that you are completely and permanently incapable of engaging in any type of substantial and gainful employment. Generally, the loss of your eyes, hands, arms, feet, or legs will constitute a total permanent disability.
- Supplemental Job Displacement: This type of benefit can assist you if you have a partial permanent disability. It provides up to $6,000 that can be used for retraining or skill enhancement.
- Death Benefits: When a worker is killed in an on-the-job accident, death benefits are paid to their surviving spouse and dependent children. Burial expenses up to $10,000 are also covered.
An insurance company will require lengthy workers' compensation claims to be filled out. If these are not completed correctly and on time, it could seriously hinder the final results of your case. Experienced lawyers at Greenberg & Ruby, LLP will handle all of this for you, ensuring that there are no details left unfinished in a time such as this when scrutiny is of the utmost importance.
With our team of attorneys, we've helped clients receive compensation up to $3.4 million. We have more than 60 years of combined experience with serious work injury cases, and we are the “go-to” firm that other law firms refer their tough personal injury cases to. If you were injured on the job, call us to help you file your claim and explore the different types of benefits you are justified to collect to recover compensation for your injuries.
If Injured on the Job California, You Have a Right to File a Claim
Most claims are filed through workers' compensation, but there are special instances in which an employee injured on the job may be able to sue for damages. If an employee suffered a workplace injury from defective products or toxic substances, he or she might be able to file a claim against the manufacturers through a product liability or third party liability lawsuit. At Greenberg & Ruby, these cases are our specialty.
An employee who got hurt due to an employer's grossly negligent conduct, such as a failure to comply with basic safety standards or the failure to hire employees who are properly trained, may also be able to file a personal injury lawsuit against his or her employer.
An employer's responsibility begins before any workplace accident occurs. They are legally obligated to provide a workplace environment that is safe and follows all health codes and industry safety standards. Employers must also provide appropriate training for all equipment and machinery involved in their business, including refresher courses, and make sure that their equipment is well maintained and regularly examined for optimal functionality.
These standards are essential for the safety and prevention of injuries for the employer's workers, but they also protect the employer from legal liability. If an employee sustains a work-related injury that can be proven to be his or her fault, the employer in question may not be required to pay out worker's compensation benefits.
After an accident in which a worker is hurt, he or she has a right to expect that their employer will provide transportation for them to see a doctor or go to the emergency room.
Even though a medical visit may seem excessive at that moment, particularly if an employee doesn't seem to be badly hurt, experienced injured on the job lawyers will adamantly defend this reasonable measure. That is because certain injuries can make a delayed appearance. If that occurs, the initial documentation of the source of the injury makes any claims filed for compensation much more likely to succeed.
In some cases, employers are legally responsible for paying medical care expenses of their employees who suffered injuries and may also be required to hold their job for them (and provide retraining if necessary) until the employee is physically ready to come back to work.
Workers who got hurt because of their employer's negligence also have the right to hire a workplace injury attorney in Los Angeles and file a workers' compensation claim.
At Greenberg & Ruby, LLP, we have the expertise to deal with employers and insurance companies on your behalf. The general public does not have the required knowledge to make sure that employers are receiving full workers' compensation benefits, and that is the reason why it's crucial to hire a skillful lawyer.
Our practice areas also include wrongful death claims, fall accidents, as well as unsafe work environment injuries. If you are hurt at your workplace in Los Angeles, California, contact us today. We will not charge you a fee unless you win your case. And, we won't consider taking your case if we do not feel that you have a chance of winning. In the event that you win, generally, the other side of the case will pay all fees.
Retain a California Injured at Work Lawyer Today
Once an accident in which an employee is hurt occurs at your workplace, it is essential that you notify your supervisor immediately. California does allow 30 days to report an injury. But if you fail to do so within the stipulated period, then you may forfeit your right to file a workers' compensation claim, or your employer may not be required to provide workers' compensation benefits.
After your employer is aware of the accident, they are expected to follow procedures to provide you with the medical care needed for your recovery. The doctor will likely be one from your employer's workers' compensation network. However, verify that fact before seeking treatment, or you could end up being stuck with the medical bills. Your employer must also notify their insurance carrier and file a claim with the state workers' compensation board.
There are steps that must be taken to protect yourself and ensure that nothing is done to compromise your medical coverage or future compensation awards. For example, if a doctor has recommended medical attention and ongoing treatment be sure to attend all appointments and treatment sessions, no matter if you are feeling better. A failure to do so could be used against you in later proceedings.
If your injury prevents you from working for an extended period of time, try not to return to your job prematurely. If you feel well enough to do your job, but don't feel that you will be able to perform all of your prior job duties, ask your employer if they have any type of return-to-work program. Those can often help injured workers ease back into their job with reduced or altered workloads.
HOW LONG DO YOU HAVE TO FILE A CALIFORNIA INJURED AT WORK CLAIM?
For anybody who got hurt at a workplace accident, getting quality treatment is the main concern. Your treating physician will play an important role in the result of your workers' compensation case and the benefits you get.
If you are not satisfied with the doctor's diagnosis, you can request a second opinion as well as a third. Only after the third opinion, you can request to see a doctor of your choosing that is outside of the network.
It's important to know that under the California Labor Code, an employer has to provide a claim form to the employee who got hurt within one day of receiving notice of worker's injuries.
The law also states that “within one working day after an employee files a claim form, the employer shall authorize the provision of all treatment for the alleged injury and shall continue to provide the treatment until the date that liability for the claim is accepted or rejected. Until the date the claim is accepted or rejected, liability for medical treatment shall be limited to ten thousand dollars ($10, 000).”
The statute of limitations for filing a claim for workers' compensation in California is one year from the date of the workplace accident in which a worker got hurt. If you fail to do so, you may lose the right to file a claim.
Injuries are often traumatic no matter where they occur but can prove to be even more destructive when they happen in the workplace. They often end up costing the injured worker lost wages, pain, stress, and possibly long-term suffering. By knowing your rights and the proper steps to take in the aftermath of an accident, you can help to preserve your interests better and mitigate any damage.
If you are injured at work, lawyers at Greenberg & Ruby, LLP can provide all the information you need. Regardless of the type of injury, our attorneys can help you finally receive California workers' compensation benefits you deserve. Contact us today for a free consultation.