Maison Law helps people through the legal side of the workers’ compensation process in California. There’s obviously a lot of different accidents that can happen to you when you’re on the job, but there’s a seemingly even wider range of injuries. When you’re hurt, you might be wondering if you’re eligible for workers’ compensation. Our team can answer your questions and help you through the process. Contact us today for a free consultation.
How Can Our Lawyers Help You?
No matter what job you have, you can be injured at work. As a worker in this situation, knowing California’s workers’ compensation system can help protect your rights. Our lawyers can help you with:
- Getting medical expenses, lost wages, and rehab covered if you’re hurt at work.
- Filing if unsafe working conditions caused your injury.
- Accessing benefits if your injury leaves you temporarily or permanently disabled.
- Filing a wrongful termination claim if you were fired because of a work injury.
These rules can be difficult to untangle, but we’re here to guide you and make sure your rights are fully protected. But remember, every situation is different. And a lot of it depends on your particular injuries.
What Injuries Are Eligible For a Workers’ Compensation Claim?
It can be difficult to try to narrow down all the different types of injuries that can happen to someone at work in California. After all, there’s a variety of different types of environments, some of which are more inherently dangerous than others. For example, a construction worker is much more likely to be injured at work than someone that works at an office. Yet, California’s workers’ compensation laws don’t necessarily list specific injuries when figuring out eligibility. Rather, there’s general categories of injuries that can be taken care of with a workers’ comp claim:
- Physical injuries – Most often, workers’ comp is going to come into play for physical injuries like sprains, fractures, or back injuries from lifting, falls, tripping, or crush injuries at work.
- Repetitive stress injuries – This includes injuries like carpal tunnel syndrome that come from repetitive movements like typing or using tools.
- Dangerous elements – This includes things like burns or electrocutions that come in various environments, but mostly construction and similar jobs.
- Illnesses – Health issues caused by exposure to chemicals, dust, or other harmful substances at work. This includes things like respiratory issues
- Mental health conditions – Mental health conditions like stress or anxiety that’s directly caused by work conditions or a traumatic event on the job are also eligible for workers’ comp claims.
Obviously, every situation is different. However, California law makes providing workers’ compensation insurance a requirement for all employers. This means that you, as a worker that’s injured, has certain options when you suffer one of these injuries while on the job.
What Do You Need to Do After a Workplace Injury?
Even though you might not expect to get hurt at work, it can certainly happen. But before we get into how these injuries happen, you have to start thinking about the actual process when there is an accident. Like most other injury situations, it’s about getting medical help first and then gathering important information for a potential claim. Here’s what you need to do if you get hurt at work:
- Get medical help – Your health is always the top priority. Get medical care right away by asking for first aid, then by calling 911 or going to a hospital or urgent care.
- Report the injury to your employer – At the same time, tell your employer about the accident and your injuries as soon as possible. You have 30 days to report the accident and file your claim.
- File a workers’ compensation claim – Most workplace injuries are covered. Ask HR or a supervisor for the necessary forms, fill them out, and keep a copy for your records.
- Investigation – The workers’ comp insurance will investigate your claim, reviewing your medical records and speaking with you and any witnesses.
- Medical evaluation – You may need to see a doctor selected by the insurance company to assess your injuries and recommend treatment.
- Decision – The insurance company will decide if your claim is valid and what benefits, like medical care or disability payments, you qualify for.
- Mediation – If there are disagreements about your injury or benefits, you may need to go through a dispute resolution process, which could involve mediation or a hearing.
- Return to work – If possible, your employer might offer work that fits your medical limitations. If you can’t return to your old job, retraining services may help you find a new position or job.
Each case is different–some people heal faster than others, while some take longer to heal from injuries. Regardless, it’s the process of taking these steps that will make sure your rights are protected. Better yet, this applies no matter how the injury happens.
What Causes Injuries in the Workplace?
Not only does your employer have to provide you with workers’ financial support coverage, but they also have a legal duty to keep the work environment as safe as possible. Unfortunately, this doesn’t always happen, and usually leads to any number of accidents and injuries in your workplace. Most of the time though, workplace injuries happen because of:
- Lack of proper training or supervision
- Using equipment without proper authorization or certification
- Operating damaged or poorly maintained equipment
- Insufficient staffing in high-risk areas
- Failing to clean up spills or other hazards
- Ignoring safety warnings and signs
- Exposure to harmful chemicals or toxins
- Employers neglecting to repair dangerous structures or equipment
- Injuries from repetitive tasks
- Not having proper safety gear
These hazards can be found in many workplaces throughout California. It’s important to understand how to approach your specific situation after an accident to gather the necessary information for your claim. From there, our team can make sure you get the benefits and support you need to get better.
Contact Maison Law After a Workplace Injury
If you get hurt or sick at work, you have legal options available to you. While you can file a workers’ compensation claim, we understand that no one wants to face an injury due to their job. At Maison Law, our team understands how difficult this situation is and can help you through the claims process. Contact us today for a free consultation to get started.
Additional Resources:
- Workers’ Compensation Overexertion Injuries
- Workers’ Compensation Exposure to Harmful Substances
- Workers’ Compensation Transportation Injuries
- Workers’ Compensation Carpal Tunnel Injuries
- Workers’ Compensation Burn Injuries
- Workers’ Compensation Head Injuries (TBI)
- Forklift Accident Injuries
- Support for Scaffolding Injury Victims
- Support for Defective Equipment Injury Victims
