Los Angeles Work-Related Car Accident Lawyer
Los Angeles work injury attorney
Everyone working in the Los Angeles area must know their rights regarding work-related injuries. Almost all employers in California are legally required to have workers’ compensation insurance, and almost all employees are covered by this insurance. Whenever any type of work injury occurs, the victim can file a claim for workers’ compensation benefits that can help them recover.
Experienced Legal Representation for Work-Related Car Accident Claims in Los Angeles, CA
While this may seem straightforward, the reality is that navigating the workers’ compensation claim filing process can be more challenging than you may expect, and you could face additional challenges after a work-related vehicle accident. Depending on how the accident happened, you may not only have grounds to file a workers’ compensation claim but also an auto insurance claim and personal injury suit against the driver who caused the accident.
Diefer Law Group routinely assists clients with their workers’ compensation claims in Los Angeles, and we know how challenging it can be for anyone to navigate the aftermath of a work-related car accident. Our firm has helped many injured workers across all industries in Los Angeles with workers’ compensation claims and related legal efforts to help them recover from their injuries. If you are struggling in the aftermath of a work-related car accident, we can provide the professional guidance and support you need in this difficult time.
Filing Your Workers’ Compensation Claim in Los Angeles
The purpose of workers’ compensation is to protect employers from civil liability for their injured workers’ damages and to provide injured workers with the financial support they need to recover as fully as possible from their injuries. Whenever a covered employee sustains a work-related injury, they must report it to their supervisor immediately to ensure they can file their workers’ compensation claim as soon as possible.
When an employer becomes aware of an employee’s injury, they are required to document the injury in a formal incident report and provide the worker with the forms needed to file their workers’ compensation claim. Employers may not interfere with these claims, fire an employee simply for asking for the materials needed for their claim, or retaliate against the employee in any other way. If your employer does not have insurance as required by law, you would have grounds for legal action against them, and a seasoned Los Angeles work injury attorney is the ideal asset to have on your side if this applies to your situation.
As part of the workers’ compensation claim filing process, the injured worker will likely need to undergo a medical evaluation from a workers’ compensation physician. They will assign the claimant a disability rating, which is a numerical value indicating the severity of their disability. The higher the claimant’s disability rating, the more they can receive in benefits. Once the employee completes this medical review process, they can submit their claim to their employer’s insurance company.
The average injured worker in Los Angeles approved for workers’ compensation benefits will receive full coverage of their medical expenses and disability benefits to make up for the income they cannot earn while they recover. They will either receive partial or total disability benefits depending on whether they are able to work at all after their injury. If another driver caused your work-related car accident, you would have grounds to pursue additional compensation from the at-fault driver. Workers’ compensation insurance may cover your medical bills and a portion of your lost income, but you are likely to have other losses you can claim from the at-fault driver.
Recovering From a Work-Related Car Accident Beyond Workers’ Compensation Benefits
An experienced Los Angeles work injury attorney can not only assist you in navigating the workers’ compensation claim process but also with the additional legal recourse you pursue against the at-fault driver. You may be entitled to compensation for damage to your vehicle if you were using your personal car for work purposes, and you can likely file a third-party personal injury suit against the at-fault driver to seek compensation for the damages that workers’ compensation does not provide.
For example, you can typically expect full coverage of your medical bills from workers’ compensation but only limited compensation for your lost income after the accident. When you qualify for total disability benefits, they are paid at a rate of two-thirds of your average weekly wage each week for up to 104 weeks. A successful third-party suit could potentially help you recover the rest, and you would have grounds to claim pain and suffering compensation from the at-fault driver. California law does not place a limit on pain and suffering in personal injury claims filed for auto accidents, so you have the right to seek as much as you deem appropriate to reflect the severity of your experience.
Diefer Law Group knows how damaging any vehicle accident can be, as well as the frustration and confusion you may experience in the aftermath of a work-related car accident in Los Angeles. You may have more legal issues with which to contend beyond your workers’ compensation claim, including an auto insurance claim followed by a personal injury suit. Our firm has the experience and resources needed to address all these issues for you, and the sooner you reach out to our firm, the more likely you are to maximize your total compensation.
Motor Vehicle Accident Laws FAQs
Q: Is My Employer Liable for Damage to My Personal Car?
A: If your vehicle was parked in the parking lot outside of your workplace and another driver hit you, your employer would not be liable. You would need to file an auto insurance claim against the driver who hit your vehicle. However, if you were required to use your personal vehicle for business purposes, then your employer would be liable for any damages in a work-related car accident. You can file a claim for workers’ compensation as well as an auto insurance claim against the driver who caused the accident, but your employer could be liable for any outstanding losses not covered by insurance.
Q: Can I File a Claim for Workers’ Compensation for an Auto Accident Going to or Coming From Work?
A: No. If you experience a car accident during your commute, this does not qualify as a work-related activity. Workers’ compensation can only apply to a vehicle accident that occurred while you were driving as part of your job duties. If you are unsure how to proceed with your recovery efforts following any car accident related to work, it is vital that you speak with an experienced Los Angeles work injury attorney as soon as possible.
Q: What Compensation Can I Claim for a Work-Related Car Accident in Los Angeles?
A: Full recovery from your work-related vehicle accident in Los Angeles is likely to require a workers’ compensation claim, an auto insurance claim against the at-fault driver if someone else caused the accident, and a personal injury claim when you have damages that insurance can’t cover. Workers’ compensation may cover your medical expenses and a portion of your income, while an auto insurance claim could provide property damage coverage and additional compensation. A personal injury suit enables you to recover the most compensation, specifically pain and suffering compensation from the driver who caused your accident.
Q: Can I Sue My Employer for a Work-Related Car Accident in Los Angeles?
A: Workers’ compensation insurance typically insulates employers from civil liability for their injured workers’ damages. You can only file a civil claim against your employer if they do not have workers’ compensation or if they compelled you to perform work outside of your usual job responsibilities that had virtual certainty to result in injury. You are more likely to have grounds for a third-party personal injury claim if any party outside of your work caused your accident.
Q: How Much Will It Cost to Hire a Los Angeles Work Injury Attorney?
A: Diefer Law Group can provide the legal representation you need after a work-related car accident without adding to the financial problems you already face. We accept work injury claims on a contingency fee basis. This means that our client is only required to pay a fee if and when we win their case, and their fee is a percentage of the total compensation we recover on their behalf. There is no fee if we are unsuccessful with your claim and no risk of paying more than you win in compensation for your damages.
An experienced Los Angeles work injury attorney is an invaluable asset after any work-related injury, especially one arising from a car accident. You may have more recovery options available to you than you initially realize, and the right legal team can assist you in navigating these complex legal issues. Whatever your case entails, you can trust Diefer Law Group to provide compassionate and responsive support through each step of your recovery process. Contact us today to schedule a free consultation with a Los Angeles work injury attorney and find out how we can help you recover from your work-related car accident.
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