You may need to take time off to access medical attention and recover after suffering work-related injuries. Notably, the medical services you receive often lead to high expenses, as you will need to cater to several bills. Similarly, your sources of income may reduce because you will have to take a break from work. All these subsequent events may make life more difficult for you as a worker, so you will need compensation.
Therefore, you want to understand the worker’s compensation agreement you have with your employer as the exclusive remedy for injuries. This way, you will learn what to expect as monetary compensation for the work-related injuries and claim it. By working with an employment law attorney, you will also increase your scope of knowledge for better chances of securing a comprehensive compensatory amount.
At The Workers Compensation Lawyer Law Firm, we provide legal services in Los Angeles, California, to ensure that all injured employees benefit from their worker's compensation agreement. Our team has helped hundreds of employees recover after work-related injuries to help them return to their everyday lives.
Understanding Workers' Compensation as the Exclusive Remedy for Injury
All employees have a right to protection while in the workplace, including a right to compensation upon suffering work-related injuries. On the other hand, employers are also entitled to protection when running their businesses, specifically from financial loss through multiple employee lawsuits.
Since both parties seek complete protection, a compromise is necessary to help them benefit without having to suffer significant harm. As a result, worker’s compensation as an exclusive remedy for injuries fills the gap by requiring employers to provide an assured compensatory package for employees.
The terms of the agreement should provide for an employee’s injuries while performing work-related duties, regardless of whether the employee was contributorily negligent. In return, an employee who agrees to the worker’s compensation plan should not pursue legal action against their employer, as they will have received the necessary funds to help them recover for the harm they faced while working.
The worker’s compensation agreement is now codified in California’s law, under Sections 3600 and 3602 of the California Labor Code. Thus, all parties in an employment contract should be acquainted with the guidelines and uphold their end of the requirements.
Thanks to the compromise enabled by the exclusive remedy for injuries, fewer employers will face lawsuits from their employees after injuries sustained at work. However, there are dynamic circumstances of various employment agreements.
Hence, law practices have established conditions for parties to meet before benefiting from the worker’s compensation agreement. This way, courts are satisfied that only parties with a rightful claim can enforce the exclusive remedy.
Requirements to Meet Before Enforcing the Exclusive Remedy for Injuries
If you are an employee looking for worker’s compensation enforcement against your employer, you want to ensure you meet two main requirements. Your attorney will guide you through each element to ensure you understand the need to satisfy each fact. Moreover, you may need to find evidential sources to support your position while justifying that you are entitled to compensation. These two conditions are:
There Was an Existing Employment Relationship At the Time of Injury
Firstly, you want to provide sufficient information to justify your role as an employee at the time of injury. This Is because the worker’s compensation agreement is exclusively for employees, meaning that any other person may have to find alternative means to receive monetary compensation for injuries.
To prove that you were a legally recognized employee, you can present your employment contract or refer to it in the written notice of your intention to claim benefits. Since your employer should maintain all employees’ records, they can easily access your employment records and validate your employee status.
While this step seems straightforward, some employees may try to avoid their responsibility to compensate you by denying that there was ever an employment relationship. If so, you can consult your employment attorney, who will advise you on the various tests applied to show that an employment agreement was in play.
Firstly, you can use the control test to show that the employer exercised a significant control element in your daily operations. For example, if you received direct orders from your employer or had to wait for approval for a task you undertook, you will have demonstrated extensive control, hence an employment relationship.
Secondly, you may use the economic reality test to establish your direct dependency on your employer for a salary at the end of each month. This is among the primary agreements for employers and employees to agree on in all contracts. Hence, establishing the fact makes it easier to show that you were an employee and are entitled to the compensatory benefits.
Additional factors to consider are whether you had unlimited flexibility in your work schedule or observed regular working hours. If your work agreement detailed the specific hours you were expected to be productive, you qualify for recognition as an employee. Even where no contract existed to show these details, you can rely on your practice or routines to justify an existing agreement in your conduct.
When you rely on these elements to show that you practiced employee duties, you will have also done away with the possibility of being an independent contractor. This is important to disqualify, as your employer may attempt to rely on the argument to show that you are not entitled to worker’s compensation.
By partnering with an experienced employment attorney, you will know whether the arguments you present are acceptable in court if your matter proceeds to litigation.
You Were Undertaking Duties Within the Scope of Employment When You Faced Injury
Secondly, it is essential to establish that you faced injury while undertaking duties related to your employment, not any other activities. Establishing these facts is crucial, as it provides the correct context and justification for you to receive compensatory benefits.
Typically, the employer’s compensatory insurance will not cover events beyond the employment scope, as they have no influence on your actions after working hours. Therefore, you should aim to show that your duties were within the employment scope, even if you were outside the working premises at the time of injury. For example, if you were delivering an item related to your work duties, any injury you face while in transit still falls within the employment scope.
Similarly, you will also be entitled to compensation if your injury occurred when working overtime, provided an existing agreement for overtime compensation existed. As long as you provide proof of the agreement with your employer, they cannot argue that you worked beyond the contracted hours and that your injury occurred outside the employment scope. Doing so would result in exploitation and an unlawful refusal to comply with the exclusive remedy for injuries guidelines.
On the other hand, if you know that your injury occurred outside the scope of employment, you will not have a rightful claim for compensation. For example, any injuries sustained while on leave cannot be directly traced back to your employer, as you will not have undertaken any employment-related duties at the time.
Instances When the Worker’s Compensation Exclusive Remedy Does Not Apply
As mentioned, the law incorporated the exclusive remedy for injuries sustained when undertaking work-related duties to avoid additional lawsuits against your employer. The agreement was also to ensure that employees have a smoother time recovering from their injuries with minimal resistance from their employers.
However, some circumstances may present complex case facts that compel an employee to benefit both from the worker’s compensation agreement and still file a lawsuit to receive additional compensation. You should remember that each case presents different facts, so not all circumstances apply to employees. Your employment attorney will help you establish the best strategy to apply if your case falls within any of the instances discussed below.
Some of the circumstances where an employee can explore additional methods to obtain compensation for injuries include:
When an Employer Fraudulently Conceals Their Employee’s Injury
Once you sustain an injury from your usual employment duties, an employer should take on responsibility and notify the worker’s compensation insurance of your injury. They may need to prepare a report on the circumstances surrounding your injuries, to help the assigned officers who oversee operations in worker’s compensation offices determine the most suitable compensatory figure.
Further, your employer should be willing to take up their responsibility by reporting your injury as soon as possible to prevent the possibility of worsened circumstances. However, some employers may conceal your case, meaning you do not receive the required money to help you seek medical attention.
Consequently, your injuries may worsen, and your working capacity will likely reduce significantly. Furthermore, some employees may suffer irreversible harm that changes their lives forever. For example, if you require amputation after tissue infection and decay from delayed medical attention.
The employer’s fraudulent concealment of your injuries is unlawful, and you can file a lawsuit based on the provisions of section 3601(b0(2). However, you should note that the court expects you to provide proof of your situation.
Firstly, you should show that your employer was aware of your injuries but failed to take the appropriate action. Furthermore, the employer’s knowledge of your injuries should encompass the fact that they are work-related.
Additionally, you must prove that the employer actively tried to conceal your case to avoid taking responsibility for it. Lastly, you want to show the adverse effects of your employer’s actions if your medical condition worsened due to lack of medical attention.
When an Employer is Liable Under Dual Capacity
Alternatively, your employer may be liable for your injuries under the exclusive remedy rule and dual capacity. The term touches on instances where blame still shifts to your employer, even though their involvement in your injury is indirect.
Typical circumstances that hold employers liable for your injuries under dual capacity include where they own and distribute products for human use. If you purchase the product as an independent consumer and suffer injuries, you can pursue separate legal action against your employer.
Noteworthy, in your lawsuit, your employment status becomes irrelevant, as you will pursue the action as an aggrieved consumer. Nevertheless, since you cannot ignore the employment relationship between you and your employer, you can take the opportunity and request the court to compel your employer to honor the exclusive remedy for injury agreement.
Dual capacity may also encompass different circumstances, provided the blame for injuries falls back on your employer. Therefore, your employment attorney should help you study your case facts to establish whether pursuing legal action under this category is suitable. This is because dual capacity entails different dynamics, and some are not applicable to entitle you to compensation.
In Cases of Assault from the Employer
Additionally, it is not uncommon for employers to abuse power and assault their employees, resulting in injuries. On top of assault being a criminal offense, it also warrants additional compensation from the employer, as provided under section 3602(b) of the California Labor Code.
Despite the allowance to sue your employer for additional compensation based on assault, you will still need to prove several elements for the court to authorize compensation. For example, you must show that your employer applied force or violence during the assault, leading to your injuries.
The violence includes any physical attack like slapping, punching, or shoving, but the court will accept any source of proof showing physical force exerted violently. Alternatively, you can also present evidence concerning any threats of violence that your employer used against you, mainly if they depicted an intention to cause harm.
Proving that your employer intended to cause harm can be the distinguishing element between simple physical contact and assault. In the previous instance, the employer may have exerted unintentional contact while they are aware of their actions and intend to harm you in the latter. If you successfully present the evidence, you can look forward to better chances of success in your case.
When Your Employer Lacks Worker’s Compensation Insurance
Employers in California are mandated to obtain and maintain a worker’s compensation insurance for their employees, and failure to do so exposes you to the risk of non-compensation. Subsequently, you can file a compensatory lawsuit against your employer for their failure to uphold the exclusive remedy for injuries agreement.
Your lawsuit is founded for two reasons. Firstly, since no worker’s compensation agreement exists from the onset, you have no choice but to seek compensation for your injuries through a lawsuit. Despite this, employees are encouraged to try communicating their requests with the employer before resorting to a lawsuit.
This is because some employers may be willing to compensate you upon request. However, if you unmet requests, you want to file the lawsuit as soon as possible.
Secondly, your lawsuit will be founded to hold your employer liable for their negligence and non-compliance with legal requirements. This is because the California Labor Code expects them to have worker’s compensation insurance, so failure to acquire it and provide employee benefits is unlawful.
When a Property Owner is Negligent
Moreover, you can also file a suit against a property owner where your employment premises are located for any negligence on their part. Pursuing legal action would be relevant if the injuries you sustained resulted from poorly maintained facilities.
For example, if you suffered harm while trying to open a jammed door, you can seek compensation from the property owner on top of the worker’s compensation benefits that you receive from your employer. In some cases, the property owner may also be your employer. If so, you are still entitled to file the suit, as the situation resembles the circumstances discussed under dual capacity.
Nonetheless, property owners who are not your employer are equally answerable for the negligence amounting to your injuries and cannot argue that you will receive worker’s compensation. However, the negligent third-party property owner may liaise with your employer to consolidate their funds and provide a combined figure under your worker’s compensation benefits. Alternatively, they may decide to issue their payment separately unless the court issues specific directives.
When a Motorist in Your Employment Premises is Negligent
Some work environments may also involve third-party drivers, especially in the transport and logistics industry. Similarly, employees in the construction industry often interact with third-party drivers whose services are obtained to promote their employer’s work.
However, these drivers are third parties who are not directly your employers. In most cases, they will work in the same capacity as you, meaning that you are to rely on each other for operations. Despite this, the drivers are still independent parties, taking up any work injury liability connected to them individually.
As a result, you will need to sue them as separate individuals from your employer to receive the required compensation. When preparing the lawsuit, you should ensure that the facts surrounding your injuries are clear and that the third party in question is the primary cause for the harm suffered.
When an Independent Contractor or Subcontractor Working in Your Employment Premises is Negligent
Lastly, an independent contractor or subcontractor is also liable individually for your injuries if they were present at your place of work and were the primary cause of harm. This is primarily because they operate independently, meaning you are not in an employment agreement with them.
As a result, you will only receive monetary compensation for your injuries by pursuing legal action and convincing the judge to award you the benefits. Your submissions to the court should focus on proving that you had no existing employment contract with the contractor and that their actions directly impacted the injuries you sustained.
Your Attorney’s Role in Helping You Secure Worker’s Compensation
Although some employees may persuade employment courts to award compensatory orders against their employers, much work goes into preparing for the lawsuit. Therefore, working with an experienced attorney reduces the stress you may otherwise face. Further, you will be better positioned to win your case and secure the monetary payments you deserve from your injuries.
Your lawyer’s primary role is to research your case circumstances and prepare a solid case on your behalf. To do this, your attorney may require additional details surrounding your injuries, so you can expect them to call you and conduct an inquiry on the facts.
After obtaining the necessary information, your lawyer will draft the requisite documents for court filing. This is the onset of a lawsuit against your employer, and you will need to await their response.
During the trial, your attorney is also responsible for presenting your position orally and through submissions to ensure that the judge understands your grievances and what you are asking for. Therefore, you do not have to worry about making oral presentations yourself unless the presiding judge exclusively asks you to do so. When the hearings conclude, you will then learn of the judge’s verdict: whether they find it reasonable to award you monetary compensation for your work-related injuries.
Find a Los Angeles Worker’s Compensation Attorney Near Me
When you or a loved one sustains work-related injuries, the employer should take responsibility for the event and provide a compensatory fee as the law prescribes. However, some employers may use loopholes or abuse their power, denying you the chance to recover the fee they owe you. If so, you want to partner with an employment law attorney to help you file a lawsuit against the employer and secure the rightful compensation.
Your attorney should be familiar with the various legal provisions that support worker’s compensation and prepare a compelling case to increase your chances of reimbursement. At The Workers Compensation Lawyer Law Firm, we value each client and work hard to prepare a strong case on your behalf as you pursue legal action against your employer.
Furthermore, we will personalize your case to ensure you receive optimized legal solutions to help you receive compensation for injuries you sustained at the workplace. Contact us today at 424-501-9228 if you or a loved one requires legal assistance in Los Angeles, California, to receive your worker’s compensation benefits.