Costa Mesa Workplace Injury Lawyer
Costa Mesa Workplace Injury Lawyer Attorney
Having to deal with a workplace injury can be frustrating. You might not know what to do next or who to talk to about pursuing workers’ compensation benefits for your injury. You might feel embarrassed, depending on the details of the case. Above all, you might just feel angry at the whole situation. That’s understandable. You should know how to handle yourself if you are ever injured at work. A Costa Mesa workplace injury lawyer from Diefer Law Group, P.C can help you figure out what to do.
Dealing With a Workplace Injury
In California, your decision to accept workers’ compensation benefits is widely seen as an agreement not to pursue legal action against your employer in civil court. You cannot make a legal claim against your employer for a workplace accident in California. Nevertheless, a workplace injury lawyer can still help you get your workers’ comp benefits application processed correctly. They can also provide you with constant support while you pursue an appeal if it gets denied.
California state law requires every employer in the state who retains at least one employee to carry workers’ compensation insurance, just in case something were to happen to one of their employees and they would need to file for workers’ comp. If you successfully apply for workers’ comp, you may qualify for many different kinds of benefits.
A workplace injury can take many different forms, from an injury that resulted from a sudden accident to a chronic illness you contracted in the workplace. As long as it happened as a result of your job, you will likely qualify for workers’ comp benefits. The degree to which you may be suffering depends entirely on the nature of the injury. It is vital to understand the steps you must take following a workplace injury in Costa Mesa, CA. Some of these include:
Seek Aid
The first thing you should do after suffering an accident at work is get help and seek medical attention. Depending on the nature of your accident, you may be somewhat in shock and unable to fully comprehend the extent of your injuries. You might be too injured to move. Get a first aid kit, if you can, or get yourself to your company’s onsite medical facility if you have one. If your injury is serious, call 911 or have someone do it for you.
If your injury does not appear to be life-threatening, you may want to wait and see a doctor on your own time. If you decide to do this, make sure you still see a doctor at your earliest convenience. It will be useful to have a detailed medical record of your injury. Don’t let your employer try to downplay your injury or gaslight you into inaction. Get a doctor’s opinion on your injury, and work from there.
Contact Your Supervisor
Gather Evidence
When your supervisor has been notified of your accident, and you have received the medical attention you need, you should start documenting the accident scene for your own records and gathering evidence for your claim. Take plenty of photos of:
- Your injuries
- The scene of the accident
- Any machinery involved
- Anything else you think might be relevant
Get any witness statements you can, too.
File Your Claim
FAQs
Q: Do I Need a Lawyer for a Workplace Injury?
A: Technically, you are not required to have a lawyer for a workplace injury case. You are permitted to pursue legal action on your own without hiring a lawyer. Still, it is highly recommended that you retain legal counsel. After all, having someone on your side who understands the complexities of the law and can anticipate setbacks can only benefit your claim.
Q: How Much Do Workers’ Comp Lawyers Charge in California?
A: Workers’ comp lawyers in California work on a contingency fee basis, so they only get paid if they win your case. As for the exact fee, every workers’ comp case is going to be different, which means that every lawyer’s fee is going to be different. Lawyers’ fees change all the time to reflect the market and the need for representation in certain situations. However, in workers’ compensation cases, the fees an attorney may charge are capped at a certain percentage by state law.
Q: How Long Do I Have to Report an Injury?
A: California law requires all injured employees to report their workplace injury to their employer within 30 days. If you fail to report the injury before 30 days have passed, there is a good chance you cannot apply for workers’ comp benefits. When you are injured at work, reach out to a workplace injury lawyer. They can inform you of any hard deadlines you have to meet as well as advise you of your rights as a California worker.
Q: Can You Get Fired While on Workers’ Comp in California?
A: Yes, you can be fired while you are on workers’ comp in California. California is an at-will state for termination, so your employer does not need a reason to let you go. However, there are still certain reasons for termination that are prohibited by labor laws. For example, your company can’t fire you simply for filing a workers’ comp claim. That would be considered retaliation.
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