Work-related injuries can bring your life to a standstill nearly overnight. Depending on the degree of injury sustained, an incident can change the course of your career for years or even permanently. Fortunately, California’s Labor Code Section 3700 protects you by making it mandatory for employers within the state to provide workers compensation benefits if an employee becomes ill or suffers injury as a direct result of their duties. Note that this law puts in place a no-fault system meaning that you don’t need to prove who’s at fault to receive benefits such as medical care, disability payment, physical therapy, lost wages, wrongful death, and more. If you have suffered a work-related injury in Los Angeles, CA, we invite you to contact The Workers Compensation Lawyer Law Firm for dedicated assistance when filing your claim.
Even with clear laws in place, it is unfortunate that the process of obtaining compensation is complex. This is more so if you want to receive fair compensation equivalent to the level of injuries suffered. It remains imperative to have all the necessary paperwork and take the required steps without any blunders. The idea is to avoid missteps that can delay compensation, reduce it or disqualify your claim.
Workplace Injury Explained
Before you file a workers compensation claim, it is imperative first to understand what constitutes workplace injury. Generally, this is any form of illness or physical harm caused by exposure to work materials, activities, or equipment. You are entitled to compensation, irrespective of whether your suffering happened following an accident or progressively because of the duties you handle.
It remains imperative to report occupational injuries as soon as they occur. Note that the statute of limitation governs how long an employee can wait before filing a claim. Any delays can affect the benefits you collect or even increase the risk of the insurer denying your claim.
A List of Common Injuries Covered By Workers' Compensation
If you are injured on the job or progressively develop occupational illness, you may be eligible for workers’ compensation. It will be necessary for you to file a claim and wait for it to be approved so that you receive a settlement for damages suffered. Your lawyer will help you file your claim and prepare all the necessary documents to ensure you don’t receive a penny less than the settlement you deserve.
Occupational injury is a broad term used to describe all health conditions that can result from job activities. Here are some of the primary occupational injuries covered by workers compensation:
Conditions Caused By Cumulative Trauma
If your job involves activities such as moving or lifting heavy objects, there is a possibility of suffering neck and back pain with time. This is one of the most common concerns covered in your employer’s workers’ compensation policy. It is caused by cumulative trauma, and you don’t have to be involved in an accident to file a claim.
Generally, any job that involves repetitive motion exposes you to cumulative trauma. For instance, RSI (repetitive strain injury) is characterized by the gradual buildup of damage to the tendons, muscles, and nerves. It can occur after years of prolonged lifting, standing, and other work-related activities.
You also qualify for a settlement if your work exposes you to heat or overexertion. Other conditions covered by workers’ compensation include carpal tunnel syndrome and a pulled muscle.
Conditions Caused By Occupational Exposure
Moreover, there are specific injuries or illnesses caused by exposure to a particular environment. For instance, if you work in a noisy warehouse, you face an increased risk of developing hearing loss. Then again, working with certain materials could lead to allergic reactions, lung disease, or even asthma, just to mention a few.
Employees working within environments that expose them to toxic chemicals, gasses, molds, or fluids are likely to take a significant health blow over time.
Accidents
Not even relatively safe work environments are immune to accidents. Slips, trips, and falls could happen because of issues unrelated to safety. Some of the common injuries suffered following accidents include:
- Bone fractures
- Contusions causing severe swelling and pain
- Lacerations
- Sprains
- Punctures
Moreover, workers’ compensation should provide coverage for illnesses caused or aggravated by work-related injuries. For instance, if you gain weight following a work-related physical injury and subsequently suffer a heart attack, you should receive compensation for medical expenses, loss of wages, and more. A skilled attorney can help you file the claim and prepare the needed supporting paperwork.
Assault at Work
Depending on your line of work, you may find yourself nursing wounds following an assault that takes place in your workplace. For example, you are eligible for workers’ compensation if a colleague or a customer attacks you within the workplace. You should also receive a settlement following injuries caused by a violent crime at work, such as a robbery.
Auto Accidents
Workers’ compensation doesn’t cover all auto accidents. However, you may be eligible for benefits if you have been injured while operating the company car when running work-related errands. If you are unsure whether your auto accident is work-related, a skilled attorney can provide the much-needed clarity.
Death Cases
Sometimes, a work-related injury, accident, or exposure to certain materials can cause death through severe health conditions like strokes or heart attacks. This makes these deaths eligible for compensation.
Work-Related Psychiatric Injuries
Generally, workers’ compensation doesn’t provide cushioning for psychiatric conditions, although there are exceptions. Some occupations cause constant psychological stress. If you have held a specific post for at least six months and can prove that your work stands as the “predominant” cause of stress-related concerns, the insurer may approve your claim.
Note that psychiatric injuries caused by lawful and good faith actions don’t qualify for a settlement. You must prove that the activities causing the psychological stress are an integral part of your job description.
Injuries Not Covered By Workers Compensation
There are conditions generally not covered by workers’ compensation. For instance, you cannot receive a settlement for a pre-existing condition. Moreover, it can be challenging to have your claim approved for a pre-existing disease aggravated by your work if you lack a proper paper trail. Your medical records should give a picture of the state of an injury before you started working and after working for at least six months.
You may also not qualify for a settlement for:
- Self-inflicted injuries at work
- Injuries caused by horseplay
- Injuries suffered during the commission of a crime
- Accidents caused by drug or alcohol intoxication
- Injuries sustained when violating company policies
Moreover, not all work-related injuries can be compensated. It is vital to only file a claim after suffering compensable damages. For instance, you need to have paperwork that shows the cost of medical treatment or the time you took off work to nurse your injuries and recover. Generally, you cannot file a claim for minor illnesses or injuries.
You can receive coverage for mental and emotional conditions. As aforementioned, psychiatric injury caused directly by your work-related duties makes you eligible for a settlement. However, you have to prove that you are indeed psychologically injured, and the injury or ailment is compensable because it interferes with your ability to fulfill your work duties. Compared to non-physical injuries, it’s often easier to receive a settlement for physical injuries.
Note that workers’ compensation merely covers company employees, including full-time and part-time workers. This means you cannot file a claim if you are a contractor or subcontractor working within the company. All the same, a seasoned attorney can help you identify the responsible party for your injuries and help you file a claim directly. The expert can also provide invaluable assistance when you need to pursue a third party, such as an equipment manufacturer or building owner.
Does Workers Compensation Cover COVID 19?
With the current situation worldwide, it’s safe to say that COVID 19 is here to stay. So, is it covered by workers’ compensation?
Generally, your workers’ compensation may not provide coverage for COVID 19, but there are exceptions. You are eligible for compensation under California law if you contract the ailment when working in a high-risk environment. You may also qualify for a settlement if you fall ill following an outbreak within your workplace.
How to Qualify For Workers’ Compensation
According to Occupational Safety and Health Administration (OSHA) regulations, work-related illnesses or injuries directly result from an occurrence or exposure related to your work. Also, the OSHA regulations describe such injuries as conditions stemming from work-related duties or pre-existing conditions aggravated by these duties.
Therefore, the first step in qualifying for workers’ compensation is establishing the connection between an injury or illness and your workplace. While some links are pretty straightforward, it may be challenging to state your case if an incident happens outside the worksite (e.g., a business trip) or an injury develops progressively.
You must note that most injuries only qualify for compensation for medical expenses and lost wages. You don’t qualify for occupational retraining or disability benefits if your illness or injury doesn’t force you out of your career temporarily or permanently.
Sometimes, proving your case can be an uphill task, especially if your occupation isn’t a generally dangerous one. This makes it imperative to have a skilled workers’ compensation attorney in your corner before filing a case. The specialist will fight for your rights and best interests during negotiations or in court. Most importantly, an experienced lawyer can help develop evidence to back your case and reduce the risk of your insurer or employer turning down your claim.
Workers’ Compensation Statute of limitations
California, just like all other states, has a statute of limitation for workers’ compensation claims. You will need to pursue a settlement at least one year from the date of the incident that caused your injury. On the other hand, you have at least one year from the date you are diagnosed with a work-related illness to file a claim.
The law gives employees 30 days to notify their employers about an injury. Note that failure to notify your employer promptly could lead to the dismissal of your case. A prompt notification allows the employer to investigate a matter effectively. Even though an informal statement can suffice, it is always safer to write a formal email or letter informing your employer about the nature of your injury, where, when, and how it occurred.
Pursuing workers' compensation is easier said than done. It can be challenging to prove your case irrespective of how straightforward the facts may seem. A reliable attorney will ensure that you don’t navigate the tricky path alone. The best part is that most firms work on contingency fees, meaning you don’t need to spend a dime unless you receive a settlement.
Essential Steps to Take Following a Work-Related Injury or Illness
It is essential to act fast when you suffer a work-related injury or realize you have an occupational illness.
Here are essential steps to take:
Report the Injury
You should inform your employer of an incident that causes injury right after it happens. Even though you have up to 30 days to notify your employer, the sooner you report the injury, the better. It is always safer to prepare a written report and keep one copy in your records.
Seek Medical Attention
You must not underestimate the importance of seeking treatment promptly. Failure to visit a doctor for treatment and documentation of your injuries can again increase the risk of the insurance company denying your claim. Also, ensure that you take all medication and follow the doctor’s advice to the latter. If the practitioner recommends rest days, make sure you obtain a sick-leave slip.
File Your Claim
The next step is to file your claim. You can obtain a claim form from your employer and complete it as soon as possible. Note that the detailed document notifying your employer about an illness or injury cannot suffice for the claim. Again, the sooner you file your claim, the better.
Seek Legal Help
Most people can file their claims without the need for legal assistance. However, it is perfectly okay to ask your attorney to lend a hand. The primary duty of a lawyer is to ensure that all your paperwork is in order and you have maximum chances of obtaining all the benefits you deserve. Compensation money is meant to cushion you from the financial stress allied with a work-related illness or injury.
Insurance companies are in business to make profits. Naturally, it works better for them when they can provide a minuscule settlement. Having an attorney by your side ensures that your rights and best interests are not trampled upon. The expert will have full knowledge of the laws and regulations designed to help you navigate the obstacles and complexities of pursuing workers’ compensation.
Should I File A Workers’ Compensation Or Personal Injury Claim?
Employers in California are mandated by law to have workers’ insurance policies for all their employees. This ensures you receive proper compensation if you suffer a work-related injury or illness. Unfortunately, there are instances where you may qualify for workers’ compensation.
For instance, independent contractors are not company employees. The policy of an employer can therefore not provide the required cushioning in case of an accident. In this case, you may be eligible for compensation by filing a personal injury lawsuit.
Simply because you work at a specific company several times each week doesn’t automatically make you an employee. If you are not sure whether you are an employee or an independent contractor, a skilled attorney can help provide clarity.
If you qualify for workers’ compensation, you must understand that you have a right to file a claim. While some employers may retaliate by firing or demoting you, such cases are few and far between. Besides, it is unlawful for employers to take adverse actions against workers injured on their line of duty.
Some cases qualify for personal injury. For instance, you should file a personal injury lawsuit if the accident causing injury resulted from a defective part, faulty machinery, or auto collision. Moreover, you can file such a claim if you suffer injuries because of the negligence of a third party who is neither your employer nor your work colleague.
5 Vital Facts About Workers’ Compensation Law
The thought of filing for workers’ compensation may seem intimidating. This is more so if you are worried about backlash from your employer or the possibility of the insurance denying your claim.
Here are a few facts to keep your mind at ease:
You Don’t Have To Establish Fault
Workers’ compensation laws in California work on a no-fault basis. Unlike personal injury claims where you have to establish the at-fault party, you don’t have to worry about this when seeking compensation for work-related injuries. You must point a blaming finger only when an employer fails to provide a safe working environment or purposefully injures an employee.
You Must Notify Your Employer About an Incident
You may jeopardize your chances of receiving compensation if you fail to notify your employer about an incident. It is always better to report right after an accident to allow in-depth investigations into a matter. Under the statute of limitations, you are not eligible for compensation if you fail to report within 30 days.
You May Still Receive Compensation After a Workers Compensation Dispute
It is perfectly normal to feel discouraged if the insurance adjuster denies your claim or offers a low amount. Fortunately, you can still turn the tides in your favor by seeking legal help. It is not foreign for insurance companies or employers to deny that you were injured at work or even imply that your claim is exaggerated.
With a competent attorney dedicated to your case, you can iron things out with the insurance company and ensure you receive each penny you deserve. If push comes to shove, your lawyer can help you file a lawsuit to pursue compensation. Even though most claims are settled outside the courtroom, you may have to move to court to protect your rights and best interests.
You May Qualify For Compensation for an Off Work-Site Injury
A widespread myth that needs debunking is that you can only receive compensation following accidents on your worksite. What is true is that you can obtain a settlement as long as you are running work-related errands such as deliveries, meetings, or company trips.
Sometimes, there is a blurred line between work and personal errands. If you are not sure whether you qualify for workers’ compensation, make sure you consult with an attorney before you give up on a claim.
It Is Unlawful For Employers to Retaliate Against Employees Who File Claims
Cases of employees who have been demoted or even laid off after filing a workers’ compensation claim aren’t unheard of. The good news is that most employers will not dare retaliate for fear of facing legal action. If anything, most of them will be at the forefront of ensuring you are well-compensated and able to resume your duties within the least time possible. Again, an attorney can provide invaluable help if your employer retaliates after you report an injury.
Find a Los Angeles Workers Compensation Attorney Near Me
Insurance companies make better profits when they deny workers compensation claims or give the least amount in compensation. This makes it imperative to find a skilled attorney in Los Angeles, CA, to help you pursue maximum compensation for damages suffered. At The Workers Compensation Lawyer Law Firm, we can ensure you have the best winning chance by developing evidence proving your injuries and giving them a proper price tag. Moreover, our understanding of the law gives us an upper hand during negotiation tables, ensuring that the involved insurer cannot strong-arm you into accepting an unfair settlement. If need be, we will push your case to court to ensure you don’t miss out on all the benefits you deserve. Contact us now at 424-501-9228 for immediate assistance.