Los Angeles Work Injury Lawyer

Work Injury Statistics

According to the U.S. Bureau of Labor Statistics, there were 504 fatal work injuries reported in California during 2022, a 5.7% increase from 2021. This was the highest number of workplace injury fatalities California has seen over the last ten years. 

Transportation-related incidents resulted in 133 fatalities, while exposure to harmful substances or environments resulted in 132 fatalities. These two categories accounted for about 53% of all fatal workplace injuries that occurred in 2022. Other main causes of workplace fatalities in the state included violence and injuries by other persons or animals, as well as falls, slips, and trips. 

What To Do After an Accident at Work

Knowing what actions to take after experiencing a work-related accident can significantly affect your recovery process, both in terms of health and potential compensation claims. Follow these steps when involved in such an incident:

• Report the Accident: Always report any workplace incident to your supervisor or employer, ensuring all details are accurately documented. This must be done within 30 days of your injury. 
• Seek Medical Attention: After an accident at work, you should always seek medical attention from a doctor to ensure your health and well-being. It’s also helpful to have medical records for your claim. 
• Document Everything: Make sure you keep a record of all events, witnesses, treatments, and any other relevant details tied to the accident.
• File A Workers’ Compensation Claim: Most employers in California are required by law to carry workers’ compensation insurance. You may be entitled to compensation benefits following your injury and can obtain these by filing a claim.
• Contact a Workers’ Compensation Attorney: It’s crucial to seek legal advice after a workplace incident. A skilled Los Angeles workers’ compensation lawyer can provide guidance and assist you in navigating the complex procedures associated with claiming your comp benefits. Your actions after a work-related accident can drastically influence your road to recovery. Following these steps ensures the protection of your rights and maximizes workers’ compensation benefit opportunities.

How to File a Workers’ Compensation Claim

The best way to file a workers’ compensation claim is to speak with a Los Angeles workers’ compensation attorney who can help you, but having an overview of the process is incredibly helpful. Here’s what you need to do:

Complete the “Employee” Section of the Claim Form

The first step in filing a workers’ compensation claim is to complete the “employee” section of California’s Workers’ Compensation Form (DWC-1). Be sure to provide accurate and detailed information about your injury, including the date, time, and location of the incident, as well as information regarding any witnesses or other relevant details. Once completed, sign and date the form, keeping a copy for your records.

Submit the Claim Form to Your Employer

Next, you’ll need to return the completed workers’ compensation claim form to your employer. This can be done in person or by mail, though it’s recommended to use certified mail with return receipt requested. Keep a record of the mailing and receiving dates, as delays or failures to submit the claim form may risk your eligibility for comp benefits.

Follow Up with Your Employer and Insurance Company

Upon receiving your claim form, your employer should complete the “employer” section and send the form to their insurance company. You should receive a copy of the completed claim form from your employer; if not, follow up and request a copy to keep for your records.

The insurer has 14 days to mail a status letter after receiving your claim form. If you haven’t received a letter within this timeframe, contact the insurance company for a status update. It’s crucial to stay informed and proactive during this process to ensure your claim is handled promptly and accurately.

Workers’ Compensation Benefits in California

Like most states, California mandates that injured employees be covered by and receive benefits under workers’ compensation laws.  Workers’ compensation offers no-fault benefits.  That means that regardless of whether the employer, employee, co-worker, or some other unrelated third-party was at fault, an injured employee can receive benefits. The only requirement an employee must meet to obtain workers’ compensation benefits is that he or she be injured while working.

The benefits include payment of medical expenses, partial substitution of income loss during periods of disability, and compensation for permanent impairments from the injury.  Workers’ compensation benefits are simply insufficient to fully compensate injured workers for their losses, their pain and suffering, and their loss of quality of life.  The Los Angeles workplace accident attorneys at Grey Law are experienced in all aspects of litigating employment-related injuries and obtaining complete workers’ compensation for all damages incurred.

What Is a Third-Party Claim?

A third-party work accident occurs when an employee is injured on the job due to the negligence of someone other than their employer. This may include accidents caused by contractors, vendors, or even coworkers who are not employed by the same company. In these cases, injured employees may have the option to pursue compensation through a personal injury lawsuit rather than a workers’ compensation claim. A Los Angeles work injury attorney can help you to understand the nuances of third-party work accidents.

Third-Party Claims vs. Workers’ Compensation Claims

There is a significant distinction between third-party personal injury lawsuits and workers’ compensation claims. While both aim to provide compensation to injured employees, they differ in the following ways:

Fault and Negligence

Workers’ compensation is a no-fault insurance system, meaning that an injured worker can receive benefits regardless of who was at fault for their accident. In contrast, third-party personal injury claims require the injured employee to prove that someone was negligent and caused the accident.

Types of Compensation Available

Workers’ compensation benefits generally cover medical expenses and a portion of lost wages. However, it does not provide compensation for non-economic damages such as pain and suffering. On the other hand, third-party personal injury claims can potentially include compensation for a wider range of damages, including medical expenses, lost wages, pain and suffering, emotional distress, and other financial losses resulting from the injury.

Who Can You Sue in a Third-Party Claim?

In a third-party work accident, the potential defendants vary depending on the circumstances of the case. Here are a few common examples:

• Property Owners: If you are injured on someone else’s property while performing your work duties, the property owner can be held liable if they fail to properly maintain the area or provide a safe environment. For example, if a defective piece of equipment injured you in a factory. 
• Product Manufacturers: If your injury was caused by a defective product or equipment, the manufacturer may be held responsible for the damages.
• Drivers: If you are involved in an accident while driving for work purposes and another driver’s negligence caused the accident, you may be able to hold them accountable for your losses.
• Subcontractors: In construction and similar industries, subcontractors working on the same job site but employed by a different company can sometimes be held liable for accidents they cause.

Benefits of Pursuing a Third-Party Injury Claim

There are several advantages to filing a third-party injury claim when injured on the job, some of which include:

• Additional Compensation: As mentioned previously, third-party injury claims can potentially provide compensation for a wider range of damages compared to workers’ compensation claims. This can be particularly beneficial to employees who have suffered severe injuries with long-lasting consequences, such as ongoing pain and suffering, significant lost wages, or reduced earning potential.
• Accountability: Filing a third-party injury claim can help hold the negligent party responsible for their actions. Pursuing a lawsuit against the party at fault may provide a sense of justice and closure for the injured employee and their family.
• Opportunity for Dual Compensation: It is important to note that an employee can potentially file both a workers’ compensation claim and a third-party personal injury lawsuit simultaneously. In doing so, the injured worker may be able to maximize their potential compensation and ensure they have the financial resources to address their needs during the recovery process.

Ultimately, the best way to determine what kind of claim you can file and who is liable is to speak with a Los Angeles work injury attorney as soon as possible after the accident.