As a worker, you want to be sure that your workplace is safe and free of any potential hazards that can cause you to suffer an injury. Unfortunately, this is not something that is always possible. As a result, countless workers suffer injuries each year. If you are one of those who suffer an injury while on the job, it’s crucial to recognize what your rights are moving forward and how you can pursue compensation for the damages you sustain.
In California, you are permitted to file a workers’ compensation claim so long as you meet the criteria and your employer has this type of insurance coverage. After a workplace accident and injury, you need to take specific steps to protect your rights, and you must recognize the types of benefits available to you. At Ozeran Law, our Los Angeles workers’ compensation lawyers are ready to be your voice through some of the most complex situations.
Many people ask us, “what is the most important thing you can do after a work injury?” Of course, your health is a top priority and you want to ensure you’re doing everything possible to recover. However, there’s something else you need to do that is just as important to your ability to file a claim: reporting your work injury to your employer. While you may have a specific number of days (usually 30) to report the incident, the faster you do so, the better. If you are unable to report the incident immediately, you can ask another co-worker or supervisor to report the incident until you can give further information regarding what happened.
Reporting your work injury to your employer jumpstarts the process and gets your situation documented clearly. You can explain everything necessary to build a strong claim. For instance, you want to report where the accident occurred on the property, how it happened, anybody who may have been there to witness it, and any other vital information that can prove your injury. If you don’t report your work injury to your employer, this can be used against you, and the insurance company may deny your claim. Your employer is also there to help you start the claims-filing process by providing you with the documents needed to file a claim.
After a workplace accident, you may feel as though you don’t have any rights. Luckily, California law allows countless individuals to go through the process of filing a workers’ compensation claim to pursue benefits they may otherwise be unable to earn. A workplace injury can result in some of the most catastrophic and severe damages, which may also mean you are unable to work in the weeks, months, or even years that follow your injury.
By filing a workers’ compensation claim, you are going through legal processes to seek benefits that help supplement the income that you may no longer be able to earn. If negligence is involved or a third-party causes your injuries–such as a product manufacturer for making defective machinery–you may have additional legal options to obtain the compensation you need and deserve. In any situation, it’s most helpful to speak with legal counsel who can help you understand how to move forward in the most effective manner possible.
Some people fail to move forward with legal recourse after a workplace accident, but working with someone who knows the accident at work law is imperative to your future.
Do you know the most common injuries in which workplace accidents and injuries occur? Unfortunately, countless individuals work in some of the most dangerous industries, and they lead to some of the biggest issues. If you are injured on the job, you need to recognize just how significant this issue is. Here are some of the most dangerous situations:
Construction accidents involve the “Fatal Four,” which results in over 500 deaths each year, and even more serious injuries. The “Fatal Four” include falls (338 total deaths in 2018), struck by objects (112 deaths in 2018), electrocutions (86 deaths), and caught-in/between accidents (55 deaths).
Factories often use heavy machinery to complete their jobs on a daily basis. In some situations, heavy machinery can be defective, potentially creating significant problems and severe injuries.Industrial accidents: Industrial accidents can involve chemical exposure, machinery problems, explosions, and more. Unfortunately, this creates numerous problems in the workplace.
If your job requires you to drive and you are in a business capacity when your auto accident occurs, you may be covered under workers’ compensation laws.
While they may not seem as severe, office accidents make up countless workers’ compensation claims. Office accidents lead to repetitive motion injuries, stress injuries, carpal tunnel syndrome, and more.
Working with our experienced Los Angeles work accident lawyers can safeguard your rights to pursue benefits, so you have peace of mind every step of the way. With the right legal counsel, you can seek the benefits you need.
The benefits you recover are dependent on the severity of your injuries, and involve factors such as how long you may be unable to work. In most situations, benefits are broken out into either temporary or permanent disability benefits. It’s crucial for you to recognize what type of compensation you may recover and what the benefits may cover. Here is a breakdown of the benefits available under each type of workers’ compensation claim:
You may recover temporary disability if you are able to return to work after a specific period of time. However, this type of benefit can also vary as you may receive temporary total disability or temporary partial disability. Total disability refers to any situation where you can’t work at all while recovering, while partial benefits allow you to work in a different capacity while earning wages under a specific limit. Temporary disability allows you to recover a weekly payment until your doctor clears you to return to work or you return to a modified job at your regular pay rate.
The benefits you recover are based on the rating of your disability. The more severe your impairment, the more you may be able to recover. For instance, your claim for complete loss of vision may be different than your claim for a loss of a finger. They impact you differently, and can change the amount you can recover. However, workers’ compensation for permanent disability can help cover a portion of lost wages, medical care, and more.
Some cases may allow for supplemental job benefits, and cover occupational training should you need to learn a new job. Working with a job injury lawyer can help you in pursuing the benefits that best suit your needs.
Did you know, many workers’ compensation claims are denied because of the smallest errors? Insurance companies are all about profits, and if they are facing a claim where they must pay out a significant amount of money over the course of someone’s lifetime, they may try to manipulate the situation. Insurance companies may claim you dated your documents incorrectly or there were inconsistencies in your report, and they can deny your claim.
Working with a lawyer gives you the opportunity to combat these tactics and hold insurance companies to their word. Our Los Angeles workers’ compensation attorneys will help to provide you with accuracy in filing paperwork, dealing with insurance companies on your behalf, and explaining all your options every step of the way. If you encounter a situation where you need to hold someone else accountable for your injuries, your attorney can help you go through that situation as well. In any case, having legal counsel gives you confidence in your ability to move forward with your best interests in mind.
Workplace injuries can vary greatly. In some situations, an injured worker may experience a small strain or sprain from a twisted ankle. This type of injury may cause the worker to miss a few days of work. However, some others may suffer more serious injuries that involve neck pain or back pain. Head injuries may also be common in construction site accidents because of slip and falls and falling objects. These three, along with burn injuries, can be some of the most catastrophic and lead to permanent disabilities that impact your entire life.
Because these injuries can be so damaging, you must work with a lawyer who can position your case most favorably. Having a lawyer lets you maximize the amount of compensation you recover in your benefits.
As with any personal injury and civil legal matter, there is a statute of limitations that determines how long you have to file your workers’ compensation claim. This statute of limitations means you have to work as quickly as possible to navigate the process and get your claim started. In California, you have one year to file your claim, but the date that timeline starts may differ. For instance, you have one year from the date of your injury or illness. However, if you have an illness stemming from a work condition, and you don’t discover it until a year after you develop the illness, you have one year from the date you become aware of the illness or injury.
Because these statutes exist, you must work quickly to protect your rights. You don’t want to wait or you may forfeit your right to file the workers’ compensation claim altogether. This means you are unable to recover benefits and it becomes even more problematic when you are already dealing with financial concerns among your physical injuries.
One concern you may have regarding your status after a work injury is your return to work. There are many factors that play a role in your return to work, some of which may work for you while others may work against you. After an injury, you may receive a Notice of Ability to Return to Work. Keep in mind, this is not something that means you are required to work immediately at the risk of losing your benefits. This is a notice often sent by insurance companies when they consider stopping the benefits you receive, and it often incites panic. Typically, it may mean the insurance company received information about your ability to return to work.
It’s vital to work with a lawyer as this notice cannot force you to return to work. With a workplace injury lawyer and a consultation with your doctor, you may be able to combat this notice. You can show that you’re worried that a return to work will worsen your injury and that you need longer to fully heal. Having an attorney work with you and your doctor can prove to be all the difference in the insurance company’s decision regarding your long-term ability to receive benefits.
If you suffer a workplace injury, you need to recognize your rights and options. Workers’ compensation is a very beneficial option to help you continue earning an income and cover medical expenses and more when you need it most. Suffering an injury while on the job is never easy, especially if you are providing for your family.
At Ozeran Law, we pride ourselves on being able to advocate for injured workers when it matters most. We’ll help you compile the most compelling case possible, ensuring accuracy in all paperwork, and guiding you regarding what steps to take to best protect your rights. Let us be your voice in a difficult time, putting your needs first, and going above and beyond when you need us most.
Call Ozeran Law today to speak with our Los Angeles work accident lawyers.