East Los Angeles Workplace Injury Attorney
East Los Angeles Workplace Injury Lawyer
Any employment can result in workplace harm. An injury can happen anywhere, even in vocations that aren’t as dangerous as others. There are choices open to you if you were hurt on the job and need recompense for your losses. An East Los Angeles workplace injury attorney can help.
Why Choose Us?
When a client chooses one of the attorneys at Diefer Law Group, P.C., we firmly believe that they are engaging a group of caring professionals who are ready to successfully and fiercely defend their rights. The collective legal experience of our attorneys surpasses sixty years.
We approach legal matters with practicality to provide our clients with the most advantageous possible legal remedies for their circumstances. Our firm is dedicated to supporting those who have sustained injuries at work. We’ve successfully aided many clients in the past, and we understand California’s employment and workers’ compensation regulations.
Understanding Workplace Injuries
If you’ve been injured on the job, seeking workers’ compensation is the most common option to receive monetary reimbursement for your damages. However, not all injuries are eligible for workers’ compensation claims. Additionally, some injuries may be eligible for other forms of compensation, such as filing a claim against a third party due to negligence.
Generally, illnesses or injuries sustained at work are not grounds for a civil case against your employer. The workers’ compensation system involves a trade-off: employees can obtain benefits for work-related injuries, regardless of who is to blame for them, in exchange for giving up their ability to sue their employer for work-related injuries.
The majority of companies are obligated to purchase insurance for their employees to contribute to the workers’ compensation system.
Exceptions to the Workers’ Compensation Rule
Not all injuries sustained by employees fall under the protection of the workers’ compensation statutes’ exclusivity clause. Among the exclusions are:
- Allegations of sexual harassment. In most instances, the workers’ compensation plans’ exclusive remedy rule does not apply to allegations of sexual harassment at work. This means that if you have been sexually harassed at work, you may be able to file a claim against your employer.
- Accusations of wrongful termination. In some cases, emotional distress claims arising from wrongful termination are exempt from workers’ compensation exclusivity.
- Allegations of discrimination in the workplace. In some cases, you can file claims outside of workers’ compensation if you experience discrimination based on race, religion, gender, or another protected class.
Maritime Workers
Practically everyone who sustains an injury while working on or near boats and other watercraft is subject to special federal regulations (rather than state workers’ compensation laws). Under a statute known as the Jones Act, crew members on board most types of vessels—as well as anybody else who might be regarded as a “seaman”—may typically launch a claim against their employer for workplace injuries.
Under the Longshore and Harbor Workers’ Compensation Act, dock and shipyard employees (as well as other qualified parties) may make an application for benefits for on-the-job injuries.
Liability for Workplace Injuries
Given that workers’ compensation is typically the only available remedy for injured workers, carelessness on the part of the employee typically has no bearing on the employee’s entitlement to benefits. For instance, an employee’s own carelessness won’t lower their workers’ compensation payments if they mishandle a machine and are hurt as a result.
This generalization is not always applicable. The following situations may prevent an injured worker from receiving workers’ compensation payments in some jurisdictions.
- Intentional harm done to oneself. You risk having your benefits cut or being disqualified from receiving any workers’ compensation payments if you purposely hurt yourself.
- Injuries while committing a crime. If you sustained injuries while committing a crime on the job, you will likely not be eligible for benefits. For instance, if your job required you to make a delivery, but you were intoxicated beyond the legal limit while driving and sustained an injury, you may not be eligible for benefits.
- Injuries incurred while not on the job. If you were injured while not on the job, you will likely not be eligible for benefits. This includes being injured while away on a lunch break when an employee is typically clocked out of work.
FAQs
Q: Which Body Part Has the Highest Value in a Workers’ Compensation Claim?
A: A back injury typically has the highest value in workers’ compensation cases because it can result in chronic discomfort, long-term incapacity, and severe impairment to the worker’s capacity to perform everyday duties. Spinal injuries are the most significant injuries in claim settlements since they typically result in higher medical expenditures, longer treatment times, and greater compensation for lost wages and permanent disability.
Q: Can I Sue My Employer for a Workplace Injury in California?
A: Generally, you cannot file a claim against your employer for workplace injuries in California. Workers’ compensation is a type of insurance that was put in place to provide compensation for those who have been injured at work. This was intended to reduce the occurrences of litigation and provide workers with the compensation they need to recover from their injuries.
Q: What Are Attorney Fees for Workers’ Compensation in California?
A: When processing workers’ compensation cases, many lawyers prefer to work on a contingency fee basis, though some could bill on an hourly basis. Under the rules of a contingency arrangement, the lawyer will take on the case and only get paid a percentage of the gains if the claim is settled out of court or wins in court.
Q: How Much Do Lawyers Charge Per Hour in East Los Angeles?
A: In East Los Angeles, lawyers who charge by the hour vary in price based on a number of variables. The location, experience, and services provided will be a factor in an attorney’s cost. Each lawyer will charge their own amount, so it is important to speak with your attorney to know exactly how much they will charge.
Contact Diefer Law Group, P.C., Today
If you have suffered an injury in the workplace, an attorney at Diefer Law Group, P.C., can help you with the workers’ compensation claims process. Contact us today to speak with a representative.
East Los Angeles Practice Areas
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