Santa Ana Workplace Injury Lawyer
Santa Ana Workplace Injury Attorney
How to Deal With a Workplace Injury
Generally, in California, you cannot take legal action against your employer for a workplace injury. The act of collecting workers’ compensation is considered an agreement where you can’t then pursue legal action against your employer in civil court. That doesn’t mean that a workplace injury lawyer can’t guide you through your workers’ compensation situation.
Per California state law, every employer in the state who employs at least one other employee is required to carry workers’ comp insurance in case one of their employees suffers a workplace accident and is injured. Should you qualify for workers’ comp benefits, there are a number of different kinds of benefits you could collect after your injury.
In Santa Ana, CA, a workplace injury can range anywhere from an inconvenient frustration to a catastrophic injury. It depends entirely on the nature of the accident. Either way, it is important that you take the proper steps to protect yourself if you suffer a workplace injury. Understanding the steps you must take to protect your own physical health and your workers’ comp claim can be beneficial when the time comes. Here are some steps you can take to protect yourself:
Seek Medical Attention
The very first thing you should do when you are injured at work is seek medical attention. You may not be entirely certain how injured you are until a doctor has checked out your injury. For the moment, get some immediate first aid. Your workplace may have an onsite medical area. If not, locate a first aid kit or have somebody get one for you. If your injury is obviously serious, call 911 and get to a hospital.
If your injury does not appear to be severe at the time, you can forgo seeing a doctor immediately, but you should still do so at your earliest convenience. Don’t let your supervisor or coworkers downplay the seriousness of your accident or try to manipulate you into letting it go and doing nothing. Get a medical professional’s opinion first and then act from there.
Notify Your Supervisor
Gather Evidence
Once your supervisor has been informed of the accident and you have received medical attention, you should document the scene of the accident for your own records. Take plenty of photos of:
- Your injuries
- The accident scene
- Any malfunctioning equipment that might have caused it
- Anything else that might be relevant
Be sure to take detailed notes of the entire incident.
File a Claim
FAQs
Q: Are Companies in California Required to Maintain a Safe Environment?
A: Yes, companies in California are required by the state’s labor laws to maintain a safe working environment for all employees. If the workplace is generally unsafe, such as a construction site or factory floor, the company may be required to provide additional safety training and explain protocols more thoroughly to prevent avoidable accidents in the future.
Q: How Long After a Work Injury Can You File a Claim in California?
A: In California, you have two years after your work injury to file a claim for compensatory damages in a personal injury case. Generally, you can only seek legal action against your employer if you did not receive workers’ comp due to your company not having workers’ comp insurance, which opens it up to considerable legal trouble. If you are unable to file a claim before two years have passed, your case may be dismissed.
Q: What Is Considered a Work-Related Injury in California?
A: In California, any injury that occurs while you are on the clock and/or performing your job duties may be considered a work-related injury. Even if you contract an illness as a result of something that happened at your workplace, it can be considered a work-related injury. If you suffer an injury as a result of your work, you may qualify for workers’ compensation to financially aid you during your recovery.
Q: How Much Is the Average Workers’ Comp Settlement in California?
A: The average workers’ comp settlement in California is not useful for predicting the value of your own settlement. Every workers’ comp case is going to be different, with each one having its own set of circumstances and details unique to each situation. Even if a case similar to yours results in a favorable settlement, it does not automatically mean that yours will, too. Certain factors have to be taken into consideration, including your lawyer’s negotiation skills and whether your company carries insurance.
Contact Us Today
The legal team at Diefer Law Group, P.C., can help you get the workers’ comp that you deserve. We can look through your case thus far, assist with drafting an appeal, and make sure your company doesn’t try to take advantage of you. Contact us to schedule a consultation with a valued team member today.