Injured on the job in Los Angeles? Our Workplace Accident Lawyers are here to help.
If you need help winning the compensation you need after a work injury has impacted your income, contact our Los Angeles workplace accident lawyers at Haffner Law.
- Workplace accidents can result in significant financial and personal challenges, and when workers’ compensation falls short, a workplace accident lawyer can help.
- Workplace accidents encompass various incidents, such as slips, falls, machinery accidents, and more, leading to injuries, illnesses, and property damage.
- Common workplace injuries include cuts, fractures, burns, electrical shock injuries, and respiratory problems.
- Workplace accidents can be caused by unsafe conditions, human error, equipment malfunctions, hazardous materials, and other factors.
- After a workplace injury, you have legal options, including workers’ compensation, personal injury lawsuits, employer liability lawsuits, and more.
- Workers’ compensation and personal injury compensation have distinct characteristics, with workers’ compensation being a no-fault system and personal injury claims relying on fault.
- It’s essential to be aware of the statute of limitations for workplace injury claims in Los Angeles, which varies based on the type of claim.
- The time it takes to settle a workplace injury claim can vary due to factors like injury severity, dispute resolution, medical treatment, and legal proceedings.
When you’re injured performing your duties at work, you expect that you’ll be covered under California’s mandatory workers’ compensation laws. But what happens when the negligence of another has caused injuries so severe that the maximum you can receive under workers comp doesn’t cover your losses?
Under these circumstances, working with our qualified Los Angeles personal injury lawyer at Haffner Law may be the answer for you. Work injuries shouldn’t put the economic survival of your family in jeopardy. Together, we will work to ensure that the negligent party pays for your work injury damages.
What are Workplace Accidents?
Workplace accidents, often known as work-related or occupational accidents, are unplanned events that cause injury, illness, or property damage. These mishaps can occur in workplaces, industries, construction sites, and more.
Human mistakes, poor working conditions, equipment failure, and other dangers can cause workplace accidents. They can cause employee injuries, impairments, and death.
Types of Workplace Injuries
Occupational accidents include many occupational occurrences. Hazards can cause these mishaps, which can include injuries, sickness, or property damage. Some common occupational accidents are:
- Slips, Trips, and Falls
- Machinery Accidents
- Falls from Heights
- Electrical Accidents
- Burns and Chemical Exposures
- Transportation Accidents
- Falling Object Accidents
- Caught-In or Caught-Between Accidents
- Confined Space Accidents
- Chemical Spills and Releases
- Explosions and Fires
- Biological Hazards
- Radiation Accidents
Examples of Workplace Injuries
Workplace injuries can vary widely depending on the nature of the job and the specific hazards present in the workplace. Here are some examples of common workplace injuries:
- Cuts and Lacerations
- Sprains and Strains
- Electrical Shock Injuries
- Chemical Exposures
- Respiratory Problems
- Repetitive Strain Injuries (RSIs)
- Hearing Loss
- Head Injuries
- Eye Injuries
- Heat-Related Illnesses
- Freezing Injuries
- Stress-Related Injuries
Employees might suffer acute and long-term health consequences from workplace injuries. Employers usually provide workplace safety and prevent injuries. Workers’ compensation and legal remedies may be offered, depending on the circumstances.
What Causes Workplace Accidents?
Workplace accidents typically have multiple causes. Understanding these causes is vital if you are suing. Some typical occupational accident causes:
- Unsafe Conditions
- Lack of Training
- Human Error
- Equipment Malfunction
- Hazardous Materials
- Poor Ergonomics
- Lack of Personal Protective Equipment (PPE)
- Fall Hazards
- Inadequate Communication
- Stress and Mental Health Issues
- Inadequate Supervision
- Time Pressure
- Inadequate Maintenance
- Inadequate Emergency Preparedness
- Ignorance of Safety Procedures
- Other External Factors such as severe weather, natural disasters, or incidents involving third parties
What Are My Options After A Workplace Injury In Los Angeles?
Los Angeles workers have various legal options after a work-related injury. Your alternatives may depend on your injuries, their severity, and other variables. After a Los Angeles workplace injury, you have these legal options:
Most California companies must have workers’ compensation. Workers’ compensation covers medical expenses and lost wages if you’re injured on the job. Workers’ compensation is a “no-fault” system, so you can get benefits regardless of who caused the injury.
Third-Party Personal Injury Lawsuit
If a manufacturer of defective equipment or a negligent driver in a work-related vehicle accident caused your workplace injury, you may be able to sue them for personal injury. This may result in additional compensation for your injuries and losses beyond workers’ compensation.
Employer Liability Lawsuit
If your employer’s willful or irresponsible behavior caused your workplace injury, you may be able to sue. These cases are rare because workers’ compensation is the only recourse for most occupational injuries.
Social Security Disability Benefits
If your workplace injury results in a long-term disability that prevents you from working, you may be eligible for Social Security Disability benefits, which can provide financial support.
Retaliation and Discrimination Claims
If you’re retaliated against or discriminated against by your employer for filing a workers’ compensation claim or asserting your rights under workplace safety laws, you may have grounds to file a claim for retaliation or discrimination.
Workers’ Compensation vs Personal Injury Compensation
Workers’ compensation and personal injury compensation help wounded people financially. The two differ mostly in their application and compensation:
- No-Fault System: The workers’ compensation is a “no-fault” system. Employees are usually entitled to benefits regardless of who caused the employment accident. Injured workers need not establish employer or coworker negligence.
- Coverage: Workers’ compensation is often offered by employers to cover on-the-job injuries. The majority of states mandate this insurance for employers.
- Benefits: Employees receive workers’ compensation payments, which cover medical bills and a percentage of lost wages due to occupational injuries. It may include vocational rehabilitation and permanent disability compensation.
- Exclusivity: Employees obtaining workers’ compensation benefits cannot sue their employers for personal injury related to the workplace, except in rare cases.
Personal Injury Compensation
- Fault-Based System: Personal injury claims in Los Angeles are fault-based. To receive compensation in a personal injury lawsuit, the injured party must prove that the defendant was at fault and that their negligence or wrongdoing caused the injury.
- Coverage: Personal injury lawsuits can result from various accidents and situations, such as vehicle accidents, slips and falls, product defects, and medical negligence. They go beyond job injuries.
- Damages: Personal injury compensation can include medical expenditures, lost income, pain and suffering, emotional distress, and other non-economic damages. To fully compensate for injury-related harm.
- Third-Party Claims: In the workplace, third-party claims can be filed for personal injury where a third party, not the employer or co-worker, is accountable for the accident. If a defective product or irresponsible driving caused the workplace injury, the employee may sue for personal injury.
Can I File a Personal Injury Claim for My Work Accident?
Your case must meet certain criteria for you to collect compensation through a personal injury claim. While workers’ compensation benefits are available to anyone in California who is injured while on the job, it doesn’t matter whose fault the injury-inducing accident was.
In personal injury claims for work injuries, this is a crucial difference. The blame for the accident must fall, at least partially, on another party for you to be able to recover compensation. If you played a role in the cause of the incident, you may still be eligible for monetary relief, but it will be reduced by the amount of fault you carry, thanks to California’s comparative negligence laws.
Keep in mind that, in most cases, you won’t be able to sue your employer directly, unless he or she acted egregiously to cause your injuries. You can, however, file a personal injury claim against the manufacturer of a product that harmed you at work or a third party other than your employer who contributed to your Los Angeles work injury.
The negligent party is more than likely going to object to your claim, in which case we will have already prepared a compelling case. Using your diagnosis, collecting witness statements to corroborate your version of the events, and meticulously examining the evidence at hand will be powerful tools in winning your case.
Full Compensation for Your Los Angeles Workplace Injuries
The benefits you can receive from workers comp are limited. Generally speaking, they will only cover a portion of your weekly income. The amount of time for which you will be able to collect is also limited, despite the severity of your injuries. In addition, workers comp will cover the medical expenses incurred from your injuries but will not account for non-economic damages like pain and suffering.
These limitations cause many Los Angeles work injury victims to seek compensation through a personal injury claim. The damages you will be able to account for in your personal injury claim could include the following:
- Lost Wages: This should include the full extent of the wages you won’t be able to earn because you’re recovering from your workplace injury.
- Loss of Future Earning Potential: You deserve to be compensated for the future income you’ll miss out on because of your Los Angeles on-the-job injury.
- Medical Bills: Hospital bills, surgeries, medications, follow-up care, physical therapy, and more should be included.
- Pain and Suffering: A good example of this damage could be if you ended up with a chronic pain condition that wasn’t readily treatable and you were regularly in pain.
- Mental Anguish: The emotional trauma of an accident can have a significant impact on your life and result in chronic anxiety or post-traumatic stress disorder.
- Loss of Enjoyment of Life: Losses here would apply if you are no longer able to participate in activities you had a passion for—golfing, for example—due to the loss of a limb or another circumstance.
- Loss of Consortium: These damages are specifically geared toward the way your relationship with your family is affected. An example could be if your injuries have left you depressed and unable to enjoy the companionship of your family.
The value of each of the aforementioned damages will depend on the extent of your injuries. The greater the influence each of these damages has on your life, the more your Los Angeles work injury claim should be worth.
Statute of Limitation For Workplace Injury Claims in Los Angeles
The statute of limitation for workplace injury claims in Los Angeles, California generally has one year from the date of the injury or the date you become aware of the injury to file a workers’ compensation claim. It’s crucial to report your injury to your employer and initiate the claims process as soon as possible to meet this deadline.
How Long Does a Workplace Injury Claim Take to Settle?
The time it takes to settle a workplace injury claim can vary widely and depends on several factors. There is no fixed timeline for settling such claims, as each case is unique. The following factors can influence the duration of a workplace injury claim:
- Severity of the Injury: The complexity and duration of a claim can be influenced by the severity of the injury. Minor injuries may resolve more quickly, while severe injuries requiring extensive medical treatment and recovery time may take longer to settle.
- Dispute Resolution: If there are disputes or disagreements between the parties involved (e.g., the injured employee, the employer, the workers’ compensation insurer, or a third party), it can significantly prolong the settlement process.
- Medical Treatment: The duration of the claim can depend on the length and success of medical treatment. Claims may be prolonged if ongoing medical care, rehabilitation, or surgery is necessary.
- Recovery Time: The time it takes for the injured party to recover and reach maximum medical improvement (MMI) can influence the settlement timeline. MMI is often a critical milestone in determining the final compensation amount.
- Negotiations: Settlement negotiations can take time, particularly if parties need to exchange information, conduct investigations, or address disputes related to the claim.
- Legal Proceedings: In some cases, legal proceedings, such as workers’ compensation hearings or personal injury lawsuits, may be necessary to resolve the claim. These legal processes can extend the timeline significantly.
- Multiple Parties: If multiple parties are involved in the claim, such as the employer, the workers’ compensation insurer, and potentially third parties (e.g., in a third-party personal injury claim), coordinating settlements can take longer.
- Insurance Company Involvement: The efficiency and policies of the insurance company involved can impact the duration of the settlement. Delays in processing claims can extend the timeline.
Why Do I Need a Workplace Accident Attorney in California?
Workplace accidents can harm you physically, emotionally, and financially. The complex legal landscape of Los Angeles occupational injuries requires assistance. Some laws, regulations, and insurance systems are complicated to understand without legal expertise.
Haffner Law will help you confidently pursue compensation, navigate legal issues, and focus on your healing and well-being. Whether your workplace injury is recent or long-standing, our Los Angeles workplace accident lawyers will help you recover and seek justice.
Hiring a workplace accident lawyer in Los Angeles can be beneficial for several reasons:
- Explain your rights and guide you through the complex legal process
- Explore the best legal approach in your situation
- Determine your maximum compensation
- Handle communications with your employer, insurance company, and other parties
- Gather evidence to support your claim, including medical records, witness statements, and expert opinions
- Appealing Denied Claims: If your workers’ compensation claim is denied, an attorney can help you appeal the decision and advocate for your rights at hearings and appeals.
- Protect you from any unlawful retaliation or discrimination
- Advocate for your rights effectively, either through negotiation or litigation
Overall, our workplace accident attorney in Los Angeles can provide you with the guidance, support, and legal representation needed to protect your interests. We can help you obtain the compensation you deserve while reducing the stress and challenges associated with the claims process.
Turn to Our Los Angeles Workplace Accident Lawyer Now!
Injuries you sustain at work should never leave you in a dire financial situation. If your workers’ compensation benefits just aren’t going to cover your losses, contact our workplace accident lawyers who can work tirelessly to file a personal injury claim on your behalf and obtain the compensation you deserve.
If you or someone you love requires other legal services, our team also provides professional legal counsel on property damage, long-term disability and unemployment benefits, wage and hour suits, premises liability, birth injuries, and class action lawsuits.
If you are ready to schedule your free case review with our Los Angeles workplace accident lawyer, fill out the contact form we have provided below or give us a call.