Maison Law represents victims of transportation injuries at work. If you or a loved one has filed a workers’ compensation claim for transportation injuries but has not received the proper care through workers’ compensation, Maison Law will take the legal steps necessary to help you fully recover your damages. Whether it be a lack of medical treatment or financial compensation, our law firm can help. Contact Maison Law today for a free consultation and case evaluation.
Why Do I Need a Lawyer for a Transportation Injury Workers’ Compensation Claim in California?
Workers’ compensation claims in California can be complicated, depending on your situation. For example, several parties may be responsible for your injury. It could be another motorist who caused your accident while making a delivery, or perhaps a manufacturer designed a defective part for your delivery vehicle, resulting in a horrific accident. An experienced workers’ compensation attorney will review your case to:
- Identify the damages and losses resulting from your transportation accident. Damages include:
- Present and future medical expenses
- Loss of income, as well as the reduction in your earning capacity you’ve suffered from your work-related accident
- Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
- Damage done to your property during the accident
- Pain and suffering caused by your injuries
- Stress and anxiety due to the nature of your accident
- Your mental state after a life-changing accident
- Loss of ability to enjoy life
- Loss of companionship or consortium
- Scarring, disfigurement, and permanent physical disability
- Determine the financial cost of all your damages.
- Review every avenue for seeking compensation. This includes filing a lawsuit against every liable party who may be responsible for your injuries, as well as workers’ compensation.
- Advise you on the necessary legal steps to pursuing compensation.
What Types of Transportation Accidents Qualify for Workers’ Compensation?
Before filing a lawsuit against workers’ compensation for a transportation accident, it is important to note that commuting to and from work does not generally qualify as a transportation injury for workers’ compensation purposes. An auto accident while on the way to work will most likely be covered through auto insurance policies. However, you can still file a personal injury lawsuit for damages against the liable party’s insurance.
For a transportation accident to qualify for workers’ compensation, the accident would usually have to occur while performing work. According to the U.S. Bureau of Labor Statistics, about 30% of all jobs in the United States require some degree of driving (excluding commutes to work). An example of work-related transportation accidents include:
- A moving van driver rear-ended by another motorist
- A construction worker involved in a collision while traveling between job sites
- A delivery driver has to swerve to avoid a hazardous road condition, causing injuries and damages to themselves as well as others
What is the “Going and Coming Rule?”
California workers’ compensation rules state that your injury must arise out of your job and occur during your job. The term “arising out of your job” includes doing something for the benefit of the employer at their request. So, in order to have a workers’ compensation claim, you must be performing a work-related task. Personal activity not contemplated by the employer may constitute a material departure from the course of employment, disqualifying you from workers’ compensation benefits. An example of this can be found in the previous case of Latourette v. Workers’ Comp. Appeals Bd. (1998) 17. Cal. 4th 644, 652.
Most states, including California, have a “going and coming” rule that limits workers’ compensation claims for commuters. This rule establishes when you are and are not able to claim workers’ compensation when injured in a commuting accident. The going-and-coming rule states that when you are commuting to work, you are voluntarily taking the same risk as all other travelers on the road. This includes commuting from your home to your place of work, as well as personal errands during your work shift, such as taking a lunch break or stopping by the post office.
What is the Process for Filing a Lawsuit for a Transportation Injuries Workers’ Compensation Claim in California?
The first thing you should do after a transportation injury at work is report the injury to your employer. Make sure your supervisor or someone in management knows as soon as possible. If the injuries you’ve sustained from your transportation accident develop gradually, you should also report it as soon as you believe your work is the cause of your injury. Gradual injuries include head injuries, muscle strains, or deep tissue injuries. If your employer does not learn about your injury within 30 days of it occurring, you could potentially be denied workers’ compensation.
Next, you should fill out a workers’ compensation claim form. Your employer is obligated to give or mail your a Workers’ Compensation Claim Form (DWC 1) within one working day after you report your transportation injury. You should fill out this form and return it to your employer as soon as possible to avoid possible problems with your claim.
After submitting your claim, it is essential to get good medical care for your transportation injury. You should seek out treatment from a doctor who understands your particular type of injury. The doctor you choose will be known as your “primary treating physician” throughout the workers’ compensation process. The role of this doctor is to:
- Prescribe care for your job-related injury
- Manage your overall care
- Help determine when or if you can return to work
- Help identify the kinds of work you can do safely while recovering
- Refer specialists if necessary
- Write medical reports that will help determine the benefits you can receive
When working through your injuries with your primary treating physician you should be open and honest about all of your symptoms. Describe the events at work and what you believe led to your overexertion injuries. If you do end up filing a workers’ compensation claim, your doctor will play a large role in certifying the legitimacy of your injuries and the damage done to your life.
Contact a Transportation Injuries Workers’ Compensation Lawyer in California
It is recommended to speak to a lawyer as soon as you suffer a work-related injury. Maison Law specializes in the complex legal process of workers’ compensation claims. Our firm will build a strong claim on your behalf and file a lawsuit against workers’ compensation, as well as the liable party’s insurance. For expert legal counsel, contact Maison Law today for a free consultation and case evaluation. There are no upfront charges for our services and you will not have to pay a cent unless we win your case.
