Whittier Workplace Injury Attorney
Whittier Workplace Injury Lawyer
Workplace injuries can occur in any line of work. Anyone can get an injury, even in less hazardous professions. If you were injured at work and require compensation for your losses, you have options. Help is available from a Whittier workplace injury attorney.
Why Choose Diefer Law Group, P.C.?
We take a pragmatic approach to legal concerns so that we can give our clients the greatest legal solutions for their situations. Our commitment is to help people who have been hurt at work. We have experience working effectively with clients in the past, and we are familiar with the employment and workers’ compensation laws in California.
When a client selects one of the lawyers at Diefer Law Group, P.C., they are working with a team of compassionate professionals who are prepared to vigorously and successfully protect their rights. Our attorneys’ combined experience in the legal field exceeds sixty years.
Comprehending Workplace Accidents
Generally, the most common way to get paid for your damages if you’ve been hurt at work is to file a workers’ compensation claim. However, not every injury qualifies for a workers’ compensation claim. Certain injuries can also qualify for additional compensation, such as if you file a claim against a third party for carelessness.
Normally, you cannot file a civil claim against your employer for diseases or injuries you received at work. There is a trade-off in the workers’ compensation structure: employees forsake their right to file a claim against their employer for work-related injuries in exchange for receiving payments for such injuries, regardless of who caused them.
Most businesses are required to pay into the workers’ compensation system by purchasing insurance for their employees.
How to Notify Your Employer of Your Injury
To make a workers’ compensation claim in California, an employee does not need to provide evidence that their employer caused a work-related injury. In California, however, workers are required to promptly disclose any illnesses or injuries they sustain at work.
The law mandates that you tell your employer of any injuries you sustained in an accident at work within 30 days of the incident. Although you have thirty days to report it, it’s advisable to do it as soon as you can.
You also have to give your employer notice of repeated stress injuries. In certain situations, it can be contested as to when the injury first manifested or when you realized you had it.
Your employer or supervisor must give you a workers’ compensation claim form as soon as you report your workplace accident to them. You have fulfilled your obligation to disclose your injuries when you submit your portion of the form. If you don’t contact your employer in a timely manner, there may be issues later, such as your injury claim being denied.
Injuries Caused by Third Parties
A worker has the right to pursue workers’ compensation payments if they are hurt at work. Benefits are granted without the necessity to demonstrate fault on the part of the employee or employer.
However, in some situations, injured workers may also be able to file a claim known as a third-party liability claim in addition to receiving workers’ compensation benefits. This is a claim filed against non-employer parties who may have contributed to an employee’s workplace injury.
Third-party responsibility usually occurs when a job accident is caused by the negligence of people or organizations other than employers or supervisors. Third parties can include but are not limited to, managers or owners of real estate, general contractors, subcontractors, workers of other businesses, and producers of subpar goods.
For instance, if an employee gets hit by a drunk driver while driving for work and receives workers’ compensation, they may also pursue a third-party claim against the irresponsible driver.
The reason these third-party claims are significant is that their value exceeds that of workers’ compensation payouts, which pay for medical costs and a percentage of missed income but do not cover non-economic damages, like pain and suffering. An attorney can help you determine if you have a valid claim against a third party to pursue damages.
FAQs
Q: What Is Considered a Work-Related Injury in California?
A: Any disease, injury, or condition that results from or occurs during one’s employment tasks is considered a work-related injury in California. This includes occupational diseases, repeated stress injuries, physical injuries from accidents, and even psychological problems, like depression or stress brought on by employment. It also covers injuries received when traveling for work-related purposes or while carrying out tasks off-site.
Q: Does Workers’ Comp Pay for Pain and Suffering in California?
A: No, pain and suffering is not covered by California’s workers’ compensation. It is intended to pay for medical bills, provide benefits for both temporary and permanent disability, and cover the cost of rehabilitation. Benefits for workers’ compensation place more of an emphasis on offering financial assistance for medical care and rehabilitation rather than covering non-economic losses, like pain and suffering.
Q: What Is the 90-Day Rule for Workers’ Comp in California?
A: The 90-day rule in workers’ compensation in California states that a claim is deemed to be accepted if an employer or insurer does not accept or deny a claim for workers’ compensation within the first ninety days after the claim has been filed. Through the implementation of this rule, rapid processing is encouraged, and it guarantees that wounded workers will receive prompt responses regarding their benefits.
Q: Why Is California Workers’ Comp So Expensive?
A: California workers’ compensation is expensive because of the state’s extensive benefit systems, diligent restrictions, and high medical costs. The statute mandates full coverage, which entails medical care, benefits for both temporary and permanent disability, and vocational rehabilitation; this drives up costs. Additionally, California has higher rates of litigation and fraud, which raises the system’s overall cost of workers’ compensation.
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. You may be entitled to workers’ compensation, and we can check your eligibility for additional compensation for your damages. You do not have to face these next steps alone. Contact us today to get started.
Whittier Practice Areas
ES