Temecula Abogado de Lesiones Laborales
Temecula Workplace Injury Attorney
It can be truly frustrating to deal with the fallout of a workplace injury. When it happens to you, you might not know what to do next or who to talk to about securing your workers’ compensation benefits. You might even feel embarrassed, depending on the situation. It is important that you take the proper steps to protect yourself and your claim if you are injured at work. You should consider reaching out to a Temecula workplace injury lawyer, as they know how to properly handle your situation.
How to Manage a Workplace Injury
When you suffer a workplace injury in Temecula, California, how the situation is resolved depends on how you decide to approach the fallout. If you choose to file a claim for workers’ comp benefits, it is largely seen as an agreement not to pursue further legal action against your employer in civil court. In fact, you legally cannot file a civil claim against your employer for a workplace accident in California. Still, you should consider reaching out to a workplace injury lawyer for assistance with obtaining your benefits.
Every employer in the state who employs at least one employee must carry workers’ comp insurance. This is required by Ley estatal de California in case something were to happen to one of their workers, and they would need workers’ comp benefits for financial assistance. When you apply for workers’ comp benefits and successfully receive them, you may qualify for many different tipos de prestaciones under California’s labor laws.
A workplace injury can involve many different conditions, from a physical injury you get from an accident to an illness you contract at the workplace. It only has to happen in the workplace or as a direct result of your job for it to be considered a work-related injury, which would then qualify you for workers’ comp benefits. The amount you may receive might be dependent on the details of your injury. Here are some steps you should take after your injury to support any workers’ compensation claim you might wish to make:
Call for Help
The very first thing you should do after a workplace injury is call somebody for help. If there is someone nearby who can help you, have them get you some first aid and call 911. If your workplace has an onsite medical center, get there quickly. If not, stay put and wait for an ambulance, particularly if your injury appears to be serious.
If your injury does not seem to be that serious, you may want to delay seeing a doctor until you feel you are ready. If you decide to put this off, you will still need to see a doctor at some point in the near future. You should get looked at by a medical professional, and you will need a detailed medical record for your claim.
Notifíquelo a su supervisor
Document the Scene
File Your Claim
When you have enough evidence to support your accident story, you should file a claim for workers’ comp. If your claim is denied for whatever reason, you should reach out to a workplace injury lawyer for assistance with drafting your appeal.
Preguntas frecuentes
Q: How Long Does an Employer Have to Report an Injury in California?
A: Under California state law, an employer has to report a workplace injury to their insurance company within five days of learning about the injury. If your employer fails to report your injury, you can file the necessary paperwork on your own and initiate the workers’ comp claims process yourself. Either way, you will still qualify for workers’ comp benefits.
P: ¿A cuánto asciende la indemnización media por accidente de trabajo en California?
A: The average workers’ comp settlement in California does not provide any useful guidance when determining the potential value of your own settlement. Each of these cases relies on details that are specific to each situation. Just because a similar claim to yours results in a favorable settlement, that doesn’t mean yours will, too. Certain factors have to be considered, such as the severity of your injuries and how cooperative your employer is.
P: ¿Cuál es la responsabilidad del empresario cuando se lesiona un trabajador?
A: After a workplace injury, it is the employer’s responsibility to make sure their employee receives proper medical care through workers’ comp benefits. In addition, employers have to report every injury that occurs on the premises, even minor ones, to their insurance company. They must provide employees with the proper claim forms and help them complete those forms. Essentially, employers have to take care of their employees.
P: ¿Qué ocurre si no puede volver al trabajo tras una lesión en California?
A: If you are unable to return to work after suffering an injury in California, you may qualify for supplemental job displacement benefits. Essentially, these benefits will help pay for additional training for a new job that better fits your current or ongoing physical situation. In addition, you may also continue to qualify for temporary or permanent disability benefits, depending on your injury.
Reach Out to a Lawyer Today
En Diefer Law Group, P.C., we can help you deal with the legal aftermath of a workplace injury and assist you in obtaining your workers’ comp benefits. We can gather evidence for your case, strengthen your appeal, and make sure you aren’t taken advantage of. Póngase en contacto con nosotros to schedule a consultation today.