Each day, you head to work to earn a living and improve your life. Unfortunately, the workplace, a space meant for productivity, can sometimes transform into a scene of tragedy, resulting in an average of 5,000 individuals losing their lives at work each year.
California alone reported over 460 fatalities from workplace accidents in 2021. California law dictates that employers be responsible for ensuring a safe working environment. Should an accident occur, you have a right to compensation. However, your post-accident actions can significantly impact your chances of a successful claim. This article highlights some critical actions you need to take after a work-related injury to better your odds at recovery, so keep reading to learn more.
Understanding Workers Compensation
In California, every business with employees must carry Workers’ Compensation Insurance. Employers can opt for private insurance or self-insurance if they meet specific requirements. Most choose the state program due to its comprehensiveness and simplicity.
“This system operates on a no-fault basis; you don’t need to prove that your employer was negligent to receive benefits. If an injury occurs during employment, it falls within the ‘scope of employment,’ which is the prerequisite for claiming benefits,” says attorney Sheryl Lam of Silberman & Lam, LLP, a Santa Ana temporary disability lawyer.
However, this system covers only some things. Certain exemptions exist, such as injuries that occur while commuting to and from work.
Steps for Recovering Compensation for Work-Related Injuries in Santa Ana
Acting is crucial if you are injured at work in Santa Ana, California. Start by seeking medical attention immediately. Besides ensuring your well-being, early medical intervention also gives credibility to your claim, documenting the severity and scope of your injuries.
Next, gather as much evidence as possible from the accident scene. This could include photographs, videos, CCTV footage, and witness accounts. Keep a record of associated contacts, as they may be beneficial later.
Reporting the accident to your employer is a critical step. In California, you generally have a 30-day limit for this. However, certain exceptions may extend this deadline, such as if workplace exposure causes latent diseases.
Hiring a Lawyer for Work-Related Injury Claims
Navigating through workers’ compensation claims is a straightforward process in ideal scenarios. However, complications may arise due to factors such as the severity of injuries and the circumstances surrounding the accident. In such instances, the expertise of a lawyer becomes pivotal.
When choosing a legal representative, two primary factors should guide you: experience and specialization. Additionally, consider the geographical area where a lawyer practices.
For example, if you’re filing a claim in Santa Ana for injuries resulting in temporary disability, a temporary disability lawyer in Santa Ana would be an ideal choice based on their understanding of local laws and their specialization in temporary disability cases.
Also, consider their success record and reputation. Opt for a lawyer with a proven track record of obtaining favorable settlements for clients, both in and out of court. Reviews and testimonials from previous clients, often found on the lawyer’s website or online listings, can help you determine this.
Recoverable Damages in Workers’ Compensation
Unlike personal injury claims, workers’ compensation insurance does not cover non-economic damages, such as pain and suffering. This is because workers’ compensation is a no-fault system designed to provide quick relief without proving negligence.
So, you can expect to recover economic damages, such as medical expenses, rehabilitation costs, and lost wages. Nonetheless, in certain circumstances, such as when an employer intentionally injures an employee or a third party in the accident, the injured worker may sue the defendant directly, in which case they can do economic and non-economic damages.
Conclusion
Workplace injuries can be life-changing, but understanding your rights and taking the right steps can make a big difference in your recovery and compensation. Acting quickly to report your injury, seeking medical care, gathering evidence, and consulting a specialized lawyer can strengthen your claim. Workers’ compensation is there to support you during challenging times, ensuring you get the financial help you need for medical expenses and lost wages. Remember, your well-being is a priority; the right guidance can help you get back on track.
Source: Silberman & Lam, California
