Orange County Elbow Injury at Work Lawyer
Orange County Elbow Injury at Work Attorney
Unfortunately, workplace injuries are common in Orange County, with a prevalent type being elbow injuries. Elbow injuries can cause workers to pay thousands in medical bills, be out of work temporarily or permanently, and lose or reduce their overall earning capacity. If you have sustained an elbow injury in an Orange County workplace, an Orange County elbow injury at work lawyer from Diefer Law Group, P.C., can help you recover damages.
Our Orange County personal injury firm, Diefer Law Group, P.C., is here for you during this difficult time. Whether your employer failed to implement proper safety protocol in your workplace or a coworker made a mistake leading to your accident, we can help you obtain compensation for your elbow injury, no matter the cause.
A personal injury lawyer from our firm can help evaluate the damages associated with your elbow injury and help you work toward getting the associated compensation that you are entitled to.
Filing a Workers’ Compensation Claim for Your Orange County Elbow Injury
If you have sustained an elbow injury at work due to workplace-related activities or an accident, you may be entitled to different kinds of compensation, depending on the details of your case. One type of compensation that most injured workers in California can pursue is workers’ compensation. In order to file your claim, it’s important to take the following steps:
- Report the Incident. Right after the accident happens in the workplace, report it to your employer or the responsible authorities. Be sure to document as many details as possible, including photographs and videos of damages, the parties involved, the date, time, and location of the accident, and details regarding how the accident occurs.
- Seek Medical Attention. See a medical professional to get assistance with your elbow injury. Keep all of the documentation that they provide you with, including medical reports, which should show information regarding your diagnosis and treatment plan. Also, keep receipts of associated medical expenses.
- Get a Worker’s Comp Claim Form From Your Employer. Your employer should provide you with an adequate workers’ comp claim form as soon as possible after you report the accident. If they do not, you can file directly with the CA Department of Industrial Relations.
- Submit Your Claim. After you fill out the details of your claim form, your employer will need to sign it and submit it to their insurance company. While the case is pending, they may request extra evidence or supporting information from you about the incident.
- Accept, Negotiate, or Deny the Settlement. A workplace elbow injury attorney can help you negotiate with the insurance company to seek a settlement that is right for you. If they cannot come to a fair agreement, it may be sensible to settle the case in court.
If your employer denies giving you a workers’ compensation claim form after you report a workplace accident, they are breaking the law. Furthermore, if they threaten you or attempt to bar you from submitting a claim, this is also against the law. An experienced workplace elbow injury lawyer can help you take the legal steps necessary to hold your employer accountable and protect your employee rights and interests.
FAQs
Q: Can I Sue My California Employer for Tennis Elbow?
A: Tennis elbow is a type of elbow injury that can occur at work due to repetitive motion that keeps putting stress on the elbow joint. Such an injury can result in reduced movement, inflammation, and high pain levels. If you have been diagnosed with tennis elbow due to work-related activity in Orange County, California, then you are entitled to workers’ compensation to cover the damages associated with your injury. In outstanding cases, you may be able to sue your employer directly for your workplace tennis elbow injury.
Q: How Can You Prove That Tennis Elbow Is Work-Related?
A: You can prove that a tennis elbow injury was developed over time linked to work activity by documenting the time that you were at work, including the dates and the hours, and the types of repetitive motions that you were carrying out, such as lifting boxes or pushing machine levers.
In addition, you should document your visits to see medical professionals for issues associated with your elbows, as well as their diagnoses and recommendations over time. Then, you can show a pattern between work-related activity and tennis elbow injury development.
Q: How Much Can I Get for a Workplace Elbow Injury?
A: The amount of compensation that you can get for a workplace elbow injury is dependent on a variety of factors, including the type and severity of your injuries, the strength of your case, the individuals involved, your health prior to the injury, and other factors, such as earning capacity and pre-injury income. An experienced workplace elbow injury attorney can evaluate the details of your case and give you a more exact estimate of the amount of money that you are entitled to for damages.
Q: Is California an At-Fault State for Workplace Elbow Injuries?
A: California is not an at-fault state when it comes to injuries sustained in the workplace, including elbow injuries. This means that an injured worker does not have to prove that another party, such as their employer, was at fault for the injury-causing accident in order to receive compensation for their elbow injury.
In fact, the worker can be at fault for their accident and still receive compensation. There are, however, exceptions to this rule, such as if the worker committed the accident on purpose or to harm themselves or others.
Schedule a Free Consultation With an Orange County Elbow Injury Lawyer Today
If you have sustained an elbow injury at work in Orange County, you do not have to work through the consequences of the accident alone. Under California law, you are entitled to workers’ compensation to help pay for associated damages, such as lost wages and medical expenses.
A dedicated attorney from Diefer Law Group, P.C., can inform you of your worker’s rights, evaluate your case, and help you understand the compensation that you can obtain. To begin working toward your financial compensation today, schedule a free consultation with our firm.
Orange County Practice Areas
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