When you get hurt on the job, it affects both your health and your financial well-being. Understanding your employer’s responsibilities as well as workers’ compensation laws is essential to ensure you get the care and financial compensation you’re entitled to. Below are some of the primary responsibilities and legal obligations employers typically have:
Employer’s Duty of Care
Your employer must show reasonable care in protecting you from harm, meaning they must provide a safe work environment. If there’s an obvious risk in your workplace and your employer ignores it, they could be held responsible for any injuries that happen.
Companies should routinely check for hazards and address them promptly. This may involve reviewing equipment and facilities to ensure they meet safety requirements, as well as updating policies when risks are identified.
Training and Equipment
If your job requires certain tools or procedures, you should receive clear instructions and proper safety gear before starting work. Your employer must give you the resources you need to prevent accidental harm.
Must Offer Workers’ Compensation Coverage
In California, any business with at least one employee must provide workers’ compensation coverage, as required under California Labor Code Section 3700. This means that if you’re hurt on the job, your employer is generally responsible for ensuring you receive benefits such as medical care and partial wage replacement. By carrying workers’ comp insurance, employers follow state law and protect workers from undue financial hardship after an accident.
Timely Reporting
When you report an injury, your employer needs to alert the appropriate parties as soon as possible, usually within a specific timeframe. Failure to do so may delay your benefits or lead to other legal complications.
Choosing Your Doctor
In some states, including California, the claims administrator can pick your treating doctor for the first 30 days after you notify your employer of an injury. After that time, you usually have the option to select your own physician or facility.
While most work injury claims are filed as workers’ compensation claims, this isn’t always the case. If your employer acted intentionally to harm you or someone other than your employer caused your injury, you may be able to file a personal injury lawsuit instead of or in addition to workers’ compensation.
How a Lawyer Can Help After a Workplace Injury
If you were hurt on the job, an experienced work injury attorney in Los Angeles can look out for your best interests and guide you through the legal process. Here’s how one of our lawyers can help:
Explaining Your Rights
A workplace injury lawyer can explain the benefits you might be eligible for based on your employer’s insurance coverage and state-specific regulations. By understanding these rules, you’re better positioned to protect your rights and secure fair benefits.
Gathering Important Evidence
A strong case depends on reliable proof, such as medical reports or witness statements. We will gather these documents and consult experts if needed to support your claim.
Communicating with Insurance Companies
Insurers may try to minimize their costs by offering less than you deserve. Our experienced attorneys can engage with them on your behalf, aiming to negotiate a fair settlement that covers medical costs and other losses.
Preparing for Further Legal Action
If a settlement can’t be reached, we can take further steps and file a formal lawsuit. In these circumstances, having legal representation is essential, as it increases your chances of receiving a fair result.
No matter what type of injury you’re facing, we can help. Contact us today to schedule a free consultation with a Los Angeles personal injury lawyer.