Workplace accidents can happen to anyone and are usually unpredictable. While it is the employer’s duty to provide a safe working environment for all, employees should also equip themselves with the knowledge of what to do after a workplace injury. If you or one of your co-workers has suffered an injury at work, the first thing you should do is get medical support. Once that part is covered, you need to follow the legal steps for compensation.
Know the Workplace Injury Law
In California, the law allows injured employees to claim damage or financial benefits if they suffer an injury while performing their duties. For workplace injuries in California, the injured employee has two major options: filing a worker’s compensation claim and making a personal injury claim. You can get legal assistance from professionals like Greenberg and Ruby Injury Attorneys if you do not have enough understanding of the laws and legalities.
You can file both types of claims in certain circumstances. Your lawyer can explain what legal options you have based on how you sustained the injury at work. Let’s take a look at both the claims processes.
Workers’ Compensation
Under California’s Occupational Safety and Health Act of 1973, employers are required to have an injury prevention program in place. The program allows employees to claim workers’ compensation benefits if they sustain injury on the job. Some of the major highlights of this claims process are mentioned below:
- You do not need to prove anyone’s fault for the injury. You are entitled to make the claim, even if it was a complete accident.
- Workers’ compensation benefits cover several losses, including medical bills and lost income. The benefits also cover the cost of retraining if you are unable to perform the same job as before due to the injury.
- Workers’ compensation also covers death benefits in case an employee succumbs to their injuries.
- If the injured person is an independent contractor or freelancer, they cannot claim workers’ compensation benefits.
If your workers’ compensation claim is denied, it is possible to appeal the decision in most cases. However, it is recommended that you seek legal assistance from professionals while appealing.
Personal Injury Claim
You are entitled to claim civil damages if you sustained injuries because of your employer’s negligence. In this claim process, you need to prove your cases. You need to show that:
- Your employer was aware or should have been aware of the possible hazard.
- Your employer failed to fix the problem or defect.
- You suffered an injury due to the employer’s negligence.
- You have suffered financial losses due to the injury.
The goal of this claim process is to get compensation for your injuries caused by someone else’s carelessness.
How Long Can You Be on Workers’ Compensation in California?
There are several factors that decide how long you can be on workers’ compensation in California. The severity of your injuries and whether there is any possibility of you returning to work can decide the duration of benefits.
Some of the major highlights of these benefits include the following:
- Workers’ compensation benefits are generally only payable for up to two years (104 weeks).
- Workers’ compensation benefits are payable for up to 240 weeks for long-term injuries, such as hearing and vision loss or other disabling conditions.
- You can receive disability benefits for an indefinite period if you are severely disabled or injured due to a workplace injury.
It is important to note that these benefits do not affect your right to claim personal injury compensation.
Steps to Follow After a Workplace Injury
In case of a workplace accident, you need to get the necessary help.
Here are the major steps that you need to follow:
- Get medical assistance, even if the injuries do not seem serious.
- Report your injuries or illness to your employer as soon as possible.
- Gather evidence such as witness statements, pictures of hazardous conditions, etc.
- Get in touch with a professional lawyer for legal advice and guidance.
Wrapping Up
Workplace injuries are unfortunate, and in most cases, we do not have any control over them. However, the knowledge of workplace injury laws in California and how to file the claims process can help you navigate the challenging times more efficiently. Even if you think that it was a complete accident, you should get legal advice from an expert work injury attorney.
Source: Greenberg & Ruby Injury Attorneys, CA
