Workplace accidents in Los Angeles can have disastrous consequences, leaving victims dealing with physical pain, emotional distress and financial uncertainty. Understanding your legal options following a work injury is crucial to protecting your future. As an injured worker in Los Angeles, you may be entitled to substantial compensation through workers’ compensation benefits or, in some cases, a personal injury lawsuit.
Navigating the complicated legal landscape of workplace injuries and claims can be overwhelming, especially when you’re focused on recovery. An experienced Los Angeles work injury lawyer can be a crucial ally in your case. With our in-depth knowledge of California labor laws, local court systems, and insurance company tactics, Nadrich Accident Injury Lawyers will advocate fiercely for your rights, ensuring you receive the compensation, medical care and benefits you deserve.Â
How Do Work Injuries Occur?
While certain professions, such as construction, may be exposed to higher-risk workplaces, employees in any job can suffer a work injury. All employers are required to meet state and Occupational Safety and Health Administration (OSHA) standards within the workplace to minimize the hazards to employees. Unfortunately, accidents still can and do occur. Common workplace incidents in California include:
- Slip and fall accidents
- Repetitive stress injuries
- Back injuries from heavy lifting
- Machinery accidents
- Vehicle accidents while on the clock
- Exposure to toxic substances
Can You Seek Compensation if You’ve Been Hurt While Working?
When a workplace injury occurs, victims generally have two main legal options: filing a workers’ compensation claim or pursuing a personal injury lawsuit. In most cases, workers’ compensation is the primary recourse for injured employees in California. The workers’ compensation system is not fault-based, so employees can receive benefits no matter who was at fault for the accident.
To file a workers’ comp claim, you should promptly report the injury to your employer. Your employer will then provide a claim form. You will complete your portion and return it to your employer, who submits it to their workers’ comp insurance carrier. It’s highly critical to seek a medical evaluation as soon as possible after your accident and follow your doctor’s treatment recommendations. Taking these actions not only safeguards your health but also ensures the full extent of your injuries is on record and correlated with your accident for the purposes of your claim.Â
Are Some Employees Not Covered by the State’s Workers’ Compensation Plan?
Los Angeles boasts the largest port complex in North America, and a significant portion of the city’s employees work in jobs related to the shipping industry. It’s key to note that injured employees in certain maritime professions, such as longshoremen, ships’ crew, and oil rig workers, may not be covered under California’s workers’ compensation program. Instead, they usually must file a federal claim through the Longshore and Harbor Workers’ Compensation Act (LHWCA) or seek damages through the Jones Act, depending on the exact nature of their employment. An experienced California work injury lawyer can help you determine which compensation options are available and assist you in filing.
When Could It Be Possible to File a Personal Injury Lawsuit After a Los Angeles Work Injury?
Workers’ compensation provides several varieties of benefits, but certain types of compensation are not available under these claims. Sadly, injured employees may find themselves with damages not fully covered by their workers’ compensation claim. Employers participating in California’s workers’ compensation program are also generally shielded from direct lawsuits for workplace injuries.Â
However, in some circumstances, you may be able to file a personal injury lawsuit in addition to or in lieu of a workers’ compensation claim. In most cases, this is only an option if a third party other than the employer is responsible for causing the workplace accident. For instance, if a delivery driver is injured in a car accident while on the job due to another driver’s negligence, they may be eligible to file both a workers’ compensation claim and a personal injury lawsuit against the at-fault driver.Â
Personal injury lawsuits allow victims to seek additional damages not allowed through workers’ comp, like pain and suffering compensation. Determining whether you may be eligible to bring a lawsuit against a negligent party can be difficult, so speaking with a knowledgeable work injury lawyer who can evaluate your claim in detail and help you maximize your recovery is critical.
What Types of Compensation May Be Available to Injured Los Angeles Workers?
The types of compensation available to workplace accident victims depend on whether they are pursuing a workers’ comp claim or personal injury lawsuit. Through workers’ compensation, injured employees can receive:
- Coverage of all medical treatment for the work-related injury or illness
- Temporary disability benefits, which can replace a portion of lost wagesÂ
- Permanent disability benefits for lasting impairments
- Supplemental job displacement benefits to assist with job retraining if needed
- Death benefits for close family of workers killed on the job
By filing a personal injury lawsuit after a workplace accident, victims may be able to recover economic and non-economic damages, such as:
- Past and future medical expenses
- Lost wages
- Loss of future earning capacity
- Damages for pain and suffering
- Emotional distress compensationÂ
- Loss of life’s enjoyment
- Punitive damages, in some rare cases involving gross negligence
The amount and types of compensation available to victims will depend on the circumstances of the case and the type of injury suffered. Claims involving serious injuries that will require long-term care and medical treatment must be handled carefully to ensure that the settlement amount is sufficient to meet future needs. An attorney can assess the full extent of your losses and damages and fight for maximum compensation.
How Can an Experienced Los Angeles Work Injury Lawyer Help You?
Workplace injuries can be devastating for victims and their loved ones. With effects ranging from costly medical expenses and missed paychecks to potentially permanent disabilities, work accidents can change the trajectory of your life and lead to serious financial complications. At Nadrich Accident Injury Lawyers, we treat every case with the care and attention it deserves. We leverage our extensive experience in work injury law to aggressively advocate for your rights so you can recover the compensation you are entitled to.Â
Our trusted law firm is committed to serving our clients and will not charge a fee unless we secure a recovery in your case. To review your workplace injury claim with a compassionate attorney, call our office today and schedule a complimentary case evaluation.Â
