California Work Place Injury Lawyer

Worker's Compensation Case

If you have been injured on the job, your case would be a worker’s compensation case. All California employers must provide workers' compensation benefits to their employees under California Labor Code Section 3700. There are five basic types of workers' compensation benefits: medical care, temporary disability benefits, permanent disability benefits, vocational rehabilitation services, and death benefits.

Workman's Compensation Statutes provide a remedy and compensation for people injured at work. Worker's compensation law is not based upon negligence; rather, it is based upon the employment relationship. That is, if you are employed by a company and you are injured, whether it is your fault, the company's fault, a co-employee's fault, or anybody else's fault, while you are employed, you are compensated under the worker's compensation coverage and worker's compensation rules. Mental anguish and emotional distress are not covered by worker’s compensation law.

Worker's compensation is based on a complicated formula that encompasses many different factors. However, workers' compensation premium calculation is generally based upon how employees are classified according to their specific work duties and the rate assigned to each corresponding employee classification. Usually, the compensation under worker's compensation would be less than in a personal injury case because it is not based on fault. However, every employer is required to have worker's compensation insurance. So there is a high degree of probability that, if an employee is injured on the job, he will be able to collect damages under worker's compensation.

On the Job Injuries & Negligence

If the person is injured on the job, it does not necessarily preclude the injured employee from collecting based on negligence. For example, if the person was a truck driver and another car or truck or bus rear-ended them or caused the truck to get involved in an accident, and it was the third party's fault, the injured employee would have two lawsuits-one for worker's compensation and one for liability against the third party.

Workplace Injury - Industrial Accidents

While the Workman's Compensation Statutes provide a remedy and compensation for people injured at work, in some situations injuries result in the workplace from working conditions that are unsafe. When employers are aware of these circumstances they have an obligation to correct the problem. If they fail to do so, they can be held responsible for the injuries, and in some cases death, that result. Defective machinery in the workplace can also result in injury and/or death. In these situations, if the employers are aware of the defective or unreasonably dangerous condition, they may share in the responsibility for harm that results from exposure to the danger along with the manufacturers that created the unsafe equipment.

On the Job Injury Claim

There is usually a complicated formula for offset, depending upon whether or not the employer was negligent as to whether or not the employer and the worker's compensation insurance carrier would get a credit and refund from the third party for some of the damages that would be collected under the third-party claim.

Temporary and Permanent Disability Benefits

Temporary disability benefits are untaxed payments you get from your employer if you cannot do your usual job while recovering from your injury or illness. If you can do some work while recovering but earn less than before the injury, you will receive temporary partial disability benefits. If you cannot work at all while recovering you will receive temporary total disability benefits. As a general rule, you are paid two-thirds of your gross (pre-tax) wages at the time of injury, with minimum and maximum rates set by law. Your wages are figured out by using all forms of income you receive from work: wages, food, lodging, tips, commissions, overtime and bonuses. Wages can also include earnings from work you did at other jobs at the time you were injured. Moreover, you have the right to receive medical treatment right away.

If a doctor determines that your injury or illness has caused a permanent disability, you will be entitled to permanent disability benefits. Because permanent disability benefits calculation methods are fairly complicated.

Because of the complicated nature of workplace injuries and worker’s compensation benefits, you should use an attorney’s services to facilitate the process and protect your rights.

Fired? On the Job Discrimination?

If you have been fired or discriminated against because of your work injury, please see our related web site DiscriminationAttorney.com. You may have a separate lawsuit against your employer for discrimination.

On the Job Personal Injury Lawsuit, Defective Product, Toxic Substance, Third Party Claim

If you were injured on the job by a defective product, a toxic substance or a third party, you can have a Worker's Compensation Case and a Third Party Negligence Case.

The 2 claims are not mutually exclusive; that is, having a Worker's Compensation Case does not stop you from having, a related Personal Injury Case for defective product, or toxic substance, or Third Party case. In this instance you should contact a Personal Injury Attorney.

If you have been unfairly treated by insurance companies, sustained a serious personal injury or have lost a loved one because of negligent or wrongful conduct in California and need representation by an experienced trial attorney, call toll free 1-800-252-9776 or contact us online.

Los Angeles work place injury lawyers