Work Related Injury Lawyer

Find a Work Related Injury Attorney

According to the United States Bureau of Labor Statistics, in 2022 there were over 2.8 million nonfatal injuries and more than 5,400 fatal injuries among workers in the private sector. Such incidents can be devastating for employees, as they often necessitate time off work to recover.

If you have been injured at work, several concerns may arise. In California, employees are afforded numerous rights following a workplace injury. California boasts some of the most employee-friendly laws in the nation, ensuring that injured workers are almost always entitled to compensation for their medical expenses and lost wages.

To understand the specifics of your work related injury claim, contact our experienced workplace injury attorneys today to schedule a free, no-risk consultation. During this consultation, we will gather all the necessary information to proceed with your claim. Our dedicated team is committed to securing the justice and compensation our clients deserve.

When should I file my workplace injury claim?

If you are seeking workers’ compensation benefits, you must report your injury to your employer within 30 days of the incident. For civil lawsuits against your employer or a third party, you have up to 2 years from the date of the workplace accident to file your claim. Prompt action is crucial to protect your rights and ensure you receive the compensation you deserve.

Why should I hire a work injury attorney?

Hiring a work injury attorney can be crucial for several reasons:

• Navigating Complex Regulations: After suffering a workplace injury, you must adhere to specific steps and regulations. For instance, when filing a workers’ compensation claim, you are typically required to seek treatment from medical providers approved by your employer. Failing to do so may result in out-of-pocket expenses. An experienced attorney will help you navigate these complex rules to ensure you meet all necessary requirements.
• Maximizing Compensation: An attorney can significantly increase your chances of receiving the maximum compensation you deserve. Without adequate legal representation, many employees fail to recover the full extent of benefits they are entitled to. Our attorneys will thoroughly assess your case, calculate future damages, and advocate on your behalf to secure the best possible outcome.
• Handling Multiple Claims: In cases where multiple claims arise from a single incident, it is essential to consult with an attorney. You might be eligible to file a lawsuit against a third party while simultaneously pursuing workers’ compensation benefits from your employer. An attorney can manage these concurrent claims to ensure all avenues for compensation are explored.
• Expert Legal Guidance: The workers’ compensation process involves numerous rules and deadlines. Consulting with an attorney before starting your claim can prevent costly mistakes and delays. Our attorneys will provide expert guidance, ensuring your claim is filed correctly and promptly.
• Future Damages Assessment: Beyond immediate medical expenses and lost wages, an experienced attorney will consider future damages, such as ongoing medical care and long-term disability. This comprehensive approach ensures that all potential future needs are accounted for in your compensation claim.

By hiring a work injury attorney, you protect your rights and improve your chances of a successful outcome. Our dedicated team is here to help you every step of the way, from initial consultation to final resolution. Contact us today to schedule a free, no-risk consultation, and let us help you secure the justice and compensation you deserve.

How To File A Workers Compensation Claim In California

Filing a workers’ compensation claim in California involves several critical steps. Following these steps promptly and accurately is essential to ensure you receive the benefits you deserve. You can also reference the State of California Department of Industrial Relations on How to File a Claim.

Here’s a comprehensive guide to help you through the process:

• Report the Injury Immediately: Contact your employer within 30 days of the accident. Prompt reporting is crucial as it initiates the workers’ compensation process. Your employer is then required to file an accident report, which formally begins your claim.
• Seek Medical Attention: Obtain medical treatment from a provider approved by your employer. This ensures that your medical expenses are covered under workers’ compensation. If you seek treatment outside of the approved network, you may have to pay out-of-pocket.
• Document Everything: Keep detailed records of your injury, medical treatments, and any conversations with your employer or insurance representatives. Documentation will be vital if there are disputes or delays in your claim.
• Consult a Workers’ Compensation Attorney: Contact our experienced workers’ compensation attorneys as soon as possible after your injury. An attorney will guide you through the process, ensuring all paperwork is filed correctly and on time. They will also protect your rights and help you avoid accepting a low settlement offer from insurance companies or other parties.
• File the Claim Form (DWC-1): Your employer should provide you with a DWC-1 claim form. Fill out your portion of the form accurately and return it to your employer. This form officially notifies the employer and their insurance company of your injury and your intention to seek workers’ compensation benefits.
• Follow Up on Your Claim: Monitor the progress of your claim and maintain communication with your employer, the insurance company, and your attorney. Ensure that your medical treatments and benefits are provided as required by law.
• Consider Future Needs: Work with your attorney to assess any future medical care or long-term disability needs. An experienced attorney will help you account for these potential costs in your claim.
• Understand Your Rights: Be aware of your rights under California workers’ compensation laws. You are entitled to medical treatment, temporary disability benefits, permanent disability benefits, and job displacement benefits if applicable. Your attorney can provide detailed information and ensure your rights are upheld.
• Appeal If Necessary: If your claim is denied or you disagree with the benefits provided, you have the right to appeal. Your attorney can represent you in hearings and negotiations to secure the benefits you are entitled to.

Filing a workers’ compensation claim can be complex, but with the right guidance and representation, you can navigate the process effectively. Our dedicated team of workers’ compensation attorneys is here to fight for your rights and ensure you receive the compensation you deserve. Contact us today to schedule a free, no-risk consultation and take the first step towards securing your benefits.

Do I have to return back to work after I have suffered a workplace injury?

Under California law, your employer cannot compel you to return to work after a workplace injury. The decision to return is influenced by your medical condition and the perspective of your healthcare provider. Your doctor will likely issue a “return to work” document once you are deemed medically fit. This document formally acknowledges your ability to resume work duties.

Upon receiving this clearance, you have the option to return to your original employer or seek employment elsewhere. Importantly, your original employer cannot deny you the opportunity to return to your position after your recovery.

Do I have rights after a workplace injury accident?

If you are an employee in California, and you have been injured in a workplace accident, you have the right to collect workers’ compensation benefits and Social Security Disability benefits. It is important to note that these types of benefits do not care who was liable for the accident.  If your employer is disputing your claim and withholding your Social Security benefits or workers’ compensation benefits because you were at fault for your accident, contact our attorneys today to see how you can recover compensation.

Can I sue my employer for my workplace injury?

If you are seeking workers compensation benefits, you most likely will not be able to file a lawsuit against your employer. However, this is not always the case. We understand that each workplace injury circumstance is different. For example, if you returned back to work after a workplace injury, and your employer refused to hire you and bring you onto the team, you may be able to hold your employer liable for workplace discrimination or workplace retaliatory tactics.

Can I sue another party other than my employer for my workplace injury?

You can file a lawsuit against other third parties if they’re liable for your workplace injury. For example, if you were injured on the job by a machine that was negligently repaired by a third party, you will be able to hold that third party responsible. This is most commonly seen in elevator and escalator accidents.

Another instance where you could hold another party liable is under product liability claims. If you were injured on the job due to a product defect, you will be able to hold the product manufacturer and the product retailer liable for any injuries you have suffered.