Workers Compensation / Workplace injuries

If you suffered a work injury in Orange County, Los Angeles County, San Bernardino County, Riverside County or Ventura County, or lost a loved person in a workplace accident, contact the workers compensation lawyers at the Law Office of Norman Gregory Fernandez. We can assist with employees’ compensation claims, negotiating with insurance companies for maximum benefits, or litigating your case in front of the Workers Compensation Appeals Board if the insurance company does not offer an adequate settlement.

You may also be qualified in your workplace injury accident for greater recovery through a standard personal injury claim if somebody else’s (a third party) negligence or recklessness caused your injury. Contact our expert Orange County, Los Angeles County, San Bernardino County, Riverside County or Ventura County employees’ compensation lawyers for a free workplace accident telephone consultation at 800-816-1529.

Workers’ compensation is a right for almost all workers. According to California State Law, employers are legally bound to provide a safe place to operate. The Occupational Safety and Health Administration (OSHA) establishes minimum criteria for office environments across all sectors. While some jobs are naturally more dangerous than others, anyone can be injured on the job.

Based on where you work, you may be dealing with work hazards like dangerous chemicals and heavy machinery that present a risk of bodily injury. Even office workers can face a repetitive injury and a protracted recovery from chronic cumulative conditions like carpal tunnel or muscle strains. If you work in high-pressure surroundings, you might be more susceptible to stress and psychological trauma.

Suffering an injury at work is no accident. Workplace injuries happen most often in environments with safety and health dangers, such as slippery floors or unsafe equipment. It is an employer’s legal duty to provide a safe work environment. Failure to do so, resulting in employee injury, is negligence. Due to the California workers’ compensation system, you don’t have to show neglect to obtain compensation. It’s possible to be eligible for benefits without having to file a normal personal injury case.

WORKERS’ COMPENSATION LAWS IN ORANGE COUNTY, LOS ANGELES COUNTY, SAN BERNARDINO COUNTY, RIVERSIDE COUNTY AND VENTURA COUNTY

Workplace accidents are very common in California and workers who have been injured on the job should know their rights to workers’ compensation. In California, every employer must carry employees’ compensation coverage, even if the company only has only one worker.

Workers compensation provides relief to injured employees by providing immediate medical expense coverage, in addition to, weekly benefits until the worker is healthy enough to return to work. The workers’ compensation process is complicated, and an experienced workers compensation and personal injury lawyer such as The Law Office of Norman Gregory Fernandez can help you navigate the complicated Workers Compensation claims procedure for your workplace injury.

Should you encounter any issues with your workers’ compensation claim or your benefits and they don’t fully cover your losses after an accident, the Law Office of Norman Gregory Fernandez can help you determine your next best options.

Sometimes, an injured worker may have the option of taking civil legal action outside of the Workers Compensation system, against an employer or supervisor who allowed a dangerous condition to persist in the workplace. In other situations, a third party may be to blame for the injured employee’s damages. For example, a construction worker heading into a work site suffers serious injuries when another motorist hits his car. In this case, the injured worker may still be eligible for workers’ compensation because his injury occurred within the reach of his job duties, but he could also take legal actions against the at-fault motorist for extra damages. This is known as a Workers Compensation 3^rd Party Personal Injury Case. The Law Office of Norman Gregory Fernandez handles both the Workers Compensation claim and the 3^rd Party Personal Injury case. Call us now for a free consultation at 800-816-1529.

WHAT ARE WORKERS’ COMPENSATION BENEFITS?

Workers’ compensation is an exclusive remedy for employees and employers so that employees do not have to sue their employer for injuries sustained on the job, and so that employers do not have to worry about being sued by their employees for injuries on the job.

Employers purchase Workers Compensation insurance or are self-insured for the coverage of employees in the event of a crash, injury, or illness.

Every state has its own version of worker’s compensation laws to protect employees, but here in California, companies are required to carry workers compensation insurance.

Workers Compensation benefits usually comprise of:

• Medical Care — doctor visits, tests, medication, therapy, as well as travel costs
• Temporary Disability Benefits — payment for lost wages if your injury is temporary but still prevents you from working
• Permanent Disability Benefits — payment if your injury does not regain causes and complete permanent, quantifiable harm
• Death Benefits — payment to your partner, children, or dependents in the event of a deadly accident

Often notwithstanding the fact that insurance is supposed to cover injured workers, they do not or will not provide the benefits you are entitled to. With the help of an expert Workers Compensation Lawyer, The Law Office of Norman Gregory Fernandez, you can be assured that we will fight for everything you are entitled to.

COMMON CAUSES OF WORKERS COMPENSATION CLAIMS

• Overexertion
• Slips, trips, and falls
• Being struck by an object
• Vehicle accidents
• Repetitive motion injuries
• Fires and explosions
• Exposure to dangerous environments or substances

COMMON INDUSTRIES FOR WORKERS’ COMPENSATION CLAIMS

Warehouse and Industrial Work — People who work in warehouse and freight/transportation industries tend to be exposed to detrimental respiratory conditions like asbestos or dank working surroundings. However, the most usual warehouse injury results from using the forklift improperly, or if the forklift is not preserved correctly. According to OSHA, there are roughly 34,900 serious forklift accidents every year, 84 of which are deadly. Most forklift injuries occur during loading and unloading, and approximately 42% of forklift accidents are a consequence of the forklift tipping over.

Construction Workers — Another frequent job for harms is in the construction industry. There are approximately 6.5 million construction workers in the United States, and fatality rates for this industry are greater than the national average of another industry. Though less serious injuries occur quite often, like sprains, breaks, and repetitive motion injuries, the incidence of fatal accidents in the construction industry is high since there are more ways to be severely hurt. The most frequent severe or fatal injuries are often caused by falls from heights, scaffolding collapses, and electric shocks.

Industries That Work with Chemicals — Employees in certain industries can expose themselves to hundreds of substances on any day and when absorbed through the skin, they can cause substantial illnesses and even death. Even though it’s not easy to measure the precise number of episodes each year, OSHA estimates that nearly 860,000 disorders from occupational chemical exposure happen every year. While there are lots of jobs in which workers expose themselves to substances regularly, a number of the largest businesses for injuries are nurses and hospital employees, manufacturing plants, mining, cleaning industries, and even office workers. The most common compound injuries are rashes/burns, respiratory injuries, and brain injuries in inhalation.

WHAT DO I DO IF I’M INJURED AT WORK?

Get Appropriate Care — If you are seriously injured, your primary goal should be to look for medical aid. If the injury developed gradually over time, then seek medical attention after you observe the injury. Ignoring symptoms can make your situation worse, resulting in more missed work. The workers’ compensation program is intended to retroactively pay your medical costs, so don’t worry about how you are going to cover them. Focus on finding the help you need.

Report the Incident — Workers’ compensation claims are split into two general categories: indemnity and medical-only. An indemnity claim occurs when an employee is injured at work and can’t return until he or she heals. A medical only claim means that the injury is less serious, and an employee can receive medical treatment and return immediately thereafter. As soon as you suspect an injury at work, promptly report it to your employer and ascertain which type of injury it is. The state of California provides you 30 days to report the incident for maximum benefits. A delay in coverage may cause a delay in gains, even an outright denial. Occasionally symptoms of an accident can take days to attest, so report your situation as soon as possible.

File a Claim Report — While many fundamental steps are the same from company to company, it is important to understand your company’s policies so you can prepare for the unexpected. Your employee should supply you with a claim form and ask you to fill out the “worker” section. Be as thorough as possible. When the company submits the claim to the program, you should get an answer within 14 business days. Even as a temporary or part-time worker, you are usually still eligible to submit a claim. Make sure to keep track of ALL related details. Make copies of incident reports, medical reports, and communication between you and your company, as well as you and any other 3rd party. By everything, we mean keep the gas receipts associated with your journey to and from treatment centers. You could have the ability to recoup lots of the expenses associated with your injury.

CLAIM DENIAL AND ADJUDICATION IN ORANGE COUNTY, LOS ANGELES COUNTY, SAN BERNARDINO COUNTY, RIVERSIDE COUNTY AND VENTURA COUNTY

Workers’ compensation claims may be refused for various reasons. Here are a Couple of the most commonly cited reasons:

• The insurance company believes that the injury isn’t covered by the policy.
• There’s insufficient evidence that your injury was caused at work or because of a workplace hazard.
• They believe you failed to take the necessary measures to secure reimbursement.
• You registered a claim after you were discharged from a firm.
• You neglected to offer the documentation and information essential for the company to process the claim.

FILING FOR ADJUDICATION IN CALIFORNIA Workers Compensation

In the state of California, you must file an “Application for Adjudication of Claim” to have your situation heard by a judge for more evaluation. If you believe your claim was wrongfully denied, filing this form creates a case with the regional Workers’ Compensation Appeals Board. You must file the application on your resident county, The County Where your Workers Compensation Attorney is located, or in the county in which you suffered the injury.

It is never recommended to try to handle a Workers Compensation case on your own without expert Workers Compensation legal representation. We at the Law Office of Norman Gregory Fernandez are here to help.

The next step to take after getting notice from the WCAB would be to submit a “Declaration of Readiness to Proceed.” This declaration is a petition for a hearing in front of a judge. You, your lawyer (optional, but recommended), and your insurance policy administrator will sit down with a judge during this hearing and try to reach a settlement. If no agreeable payoff could be fulfilled, the judge will schedule a time for trial with another judge.

WORKERS’ COMPENSATION RETALIATION

Based on California Labor Code Section 132a, it is illegal for your employer to punish or fire you with a job-related injury or filing a reimbursement claim. It’s also illegal for the employer to fire or punish a coworker who’s an opinion or testifies in your case. Furthermore, if you work for a company with 50 or more workers, the FMLA says that you might take unpaid leave for up to 12 weeks, without losing your job, if you want to recuperate from a serious medical condition.

ORANGE COUNTY WORK ACCIDENT STATISTICS ALONE

If you have suffered a workplace injury, you are not alone. According to the Occupational Safety and Health Administration (OSHA), office injuries took 5,190 employee lives in 2016. That is a mean of 100 deaths each week, or more than 14 deaths per day.

Thousands of others suffered debilitating and serious injuries. In California alone, private industry companies reported 466,600 occupational injuries in 2016. Listed below are a few other employee accidents and workers’ compensation statistics:

In 2016, 376 workers in California passed away from work-related injuries. This was the second-highest worker fatality rate in the USA.

Transportation accidents are the primary cause of worker death in California — a fact that has remained constant annually since the beginning of employees’ compensation reporting.

Transportation incidents took 145 worker lives in CA, assaults/acts of violence took 77, drops took 64, contact with objects/equipment 58, exposure to harmful materials took 20, and fires and explosions took two lifetimes.

Orange County (along with LA County), reported 109 worker deaths in 2016. More employees died at work in this area in 2016 than annually because 2011.

Most deceased workers in California at 2016 were white (43%), followed by Hispanic (39%) Asian (9%), and African American (7%). The youngest worker to expire on the job was 22 (Alexis Cedillo-Osorio). The earliest was 66 (Jack Rafael Ruiz).

Most deceased workers in California in 2016 (93 percent) identified as man. Women are less likely to suffer fatal injuries at work, but more likely to endure repetitive motion and musculoskeletal injuries.

Every year, workplace injuries require more lives. Firms, product manufacturers, and third parties always put employee lives in danger through acts of negligence, recklessness, or malicious intent to harm. If you presently have a work-related accident, contact Orange County work accident attorney. Hiring an Orange County workers’ compensation lawyer can help you successfully navigate the claims procedure.

ANSWERING YOUR ORANGE COUNTY, LOS ANGELES COUNTY, SAN BERNARDINO COUNTY, RIVERSIDE COUNTY AND VENTURA COUNTY WORKERS’ COMPENSATION FAQS

Count on us to get straightforward legal counsel and the newest information on workplace accidents and workers’ comp claims. Use these FAQs to assist you started with the workers’ compensation procedure:

When should I file for workers’ comp? File a workers’ comp claim following any kind of workplace illness or injury, no matter the circumstances.

Just how long do I need to file a workers’ comp claim? You have one year from the date of your accident to document.

How Can I file a claim in Orange, Los Angeles, San Bernardino, Riverside, or Ventura County? Notify your supervisor of the accident within 30 days. Your organization should help you fill out and document Form DWC 1.

The Orange, Los Angeles, San Bernardino, Riverside, Ventura County Workers Compensation Lawyers at the The Law Office of Norman Gregory Fernandez are available round the clock to take client calls and answer questions you might have about workers’ compensation and workplace injuries. We understand how to answer both common and case-specific questions, supported by comprehensive understanding of this law and subject matter. Get in touch with us now at 800-816-1529.

Frequent TACTICS USED TO AVOID PAYING WORKERS’ COMPENSATION

Wrongful termination. Some employers might try to fire an injured worker to prevent having to cover employees’ compensation. While companies can terminate employees for legitimate reasons after a workplace injury, they cannot finish an employee to avoid paying workers’ compensation. Constantly seek evaluation from a non-company physician and take note of anything that appears strange or odd. As an example, if your employer offers partial disability for recovery and fires you for your prolonged absence, contact an attorney as soon as possible.

Classifying employees as independent contractors. Employers aren’t required to offer employees’ compensation to anyone who qualifies as an independent contractor. But many employees are erroneously labeled as independent contractors so an employer may avoid paying workers’ compensation. If you believe that could be wrongly labeled as an independent contractor, an attorney can help you determine which category you lawfully fall under. If you are a worker, you may qualify for workers’ compensation benefits.

Encouraging workers to observe a business doctor. Any clinic or doctor associated with your business may not correctly diagnose your situation. Not only could their statement prevent you from receiving the reimbursement you deserve; it can also keep you from recovering properly. Always seek another opinion from an independent physician if you feel like your harm has been misrepresented.

Advising employees to use alternatives to employees’ compensation. Be cautious of an employer who encourages you to take sick leave or use set insurance to cover their harm needs. As an employee, employees’ compensation benefits will insure both your sick leave and your medical expenditures. You do not need to use your individual benefits and policy to pay for those costs.

Utilizing recorded statements out of context. Occasionally, a workers’ compensation claims adjuster will attempt to utilize statements made while an employee is at the hospital or under the effects of medication to lessen the claim level. These aren’t statements admissible for use in a claim. Act quickly in the event that you suspect your reimbursement claim does not pay for the legitimate scope of your injury.

HIRE A WORKERS’ COMPENSATION LAWYER

Employers don’t always follow the letter of this law when it comes to employees’ compensation. They may try to dissuade you from submitting a claim, even though it’s illegal for them to do so. Even worse, they might try to replace you while you are on medical leave.

Prevent workers’ compensation difficulties by hiring a law firm with more than two decades of experience handling workers compensation law. We’ll ensure that your employers comply with regulations and make your claims procedure as smooth as possible. We can also assist you to pursue a third-party personal injury claim when applicable to get you compensation for your pain and suffering, emotional distress and loss of enjoyment of life. Whether you’re in Orange County, Los Angeles Riverside, or San Bernardino, to get started call us for a free consultation today at 800-816-1529 or contact us through this website.

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Areas We Serve for Workers Compensation

• Orange County, Los Angeles County, Riverside County, San Bernardino County, and Ventura County

Related Articles:

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Additional Practice Areas:

• Family Law
• Motorcycle Accidents
• Personal Injury
• Personal Injury Cases Involving Minors
• Slip and Fall
• Truck Accidents