Employment Accident Lawyers
If you need help or help for an accident at work or in a matter of workers’ compensation, the lawyers of Lluís Law can help you in whatever you need. Whatever your needs in workers’ compensation, Lluís Law’s expert lawyers have more than 40 years of experience representing workers in the Los Angeles area.
Workers who are injured in work accidents are entitled to compensation from their employers or responsible third parties. This right is not exclusive to employees with papers, but also protects immigrant workers without work permits, in accordance with California labor laws.
In cases of wrongful death in work accidents, surviving families may be entitled to claim compensation as well. Although each case is different, the injured person may be entitled to claim compensation through the workers’ compensation system or a personal injury claim.
Both actions are not mutually exclusive, so they can be undertaken in parallel. Depending on the case and its difficulty, it is likely that the victim requires legal assistance in order to successfully advance a claim or demand. An experienced Los Angeles accident attorney will help ensure that the worker receives more compensation and benefits.
Sometimes workers refrain from filing a claim before their employers for fear of being fired, but nothing so far from reality. No employer in California can legally lay off an employee because he or she was injured at their workplace. If this should happen, the worker can initiate a legal action against the employer because it would be violating their labor rights.
In addition, when the worker is insured and does not report an accident with injuries to his employer and the insurance company, this can have serious consequences for his health and for his pocket. It is best to act in time to obtain compensation, since there is the California Statute of limitations that establishes a legal period to file a claim.
On the other hand, if the situation warrants it, you should seek the necessary legal help from a personal injury lawyer who guarantees that all your rights will be protected.
Important steps to follow in case of suffering an accident
1. Immediately seek medical help at a hospital or clinic.
2. Obtain a copy of the medical report that records the type of injury resulting and its severity. In fact every time you attend a medical consultation, medical evaluations must be saved because you will need them to file a claim or demand.
3. You or your lawyer must obtain the contact information of the witnesses of the work accident (name, ID, address, telephone, mail), because if your testimony is required, you can locate them more easily.
4. Take pictures of where the accident happened or ask a co-worker to do it. Photographs of the injuries, of the work machinery or object that caused the injuries, a view of the facilities, and any other element deemed useful to support the claim / demand should be included.
5. Do not forget to consult your case with a good labor accident lawyer who guides you correctly and negotiates a reasonable settlement for you on better terms.
6. Do not sign any type of document presented by the insurance company of your employer or the responsible party, without first having received legal advice.
7- Investigate the real causes of the accident and verify if the company has really been complying with the industrial safety standards required by the laws of California.
8. Collect all the invoices of expenses caused by the work accident to integrate them into the total amount of compensation that will be requested.
What type of compensation can I receive after an accident at work?
If you have suffered an accident at work, you may be able to receive:
– Specialized medical care, including rehabilitation therapies.
– Compensation for lost wages.
– Loss of capacity to generate future profit.
– Compensation for pain and suffering.
– Compensation for temporary or permanent disability (up to 240 weeks, depending on the severity of the injuries) or receive a pension for life.
– Protection of employment after reporting the accident.
Labor Injury Lawyers of Los Angeles
Unfortunately, insurance companies are not always willing to pay compensation to workers who are injured or the coverage of the employer’s insurance policy is not always enough to cover all of the expenses incurred due to the work accident.
Recent reforms to the California workers’ compensation system laws introduced restrictions on the types of benefits available to injured employees as well as their scope. However, injured workers can claim compensation from the employer’s insurance provider and at the same time sue responsible third parties other than the employer.
This means that the worker can obtain double benefits, as the case may be, for an accident with personal injuries. To illustrate, suppose that the worker was injured in his workplace but the fault of the accident was a provider (third person). Then, the worker is entitled to the insurance benefits of his employer but also to sue the party responsible for the injuries.
The occupational injury lawyer will be responsible for identifying one or more persons responsible for the accident and for establishing a negotiation strategy to pursue the responsible third party (if any). The cases of a third party in addition to the suppliers could also be due to defective products (equipment, tools, machinery) with which the responsible would be the manufacturer.
In such a situation, the employee may be receiving workers’ compensation benefits from California, while his or her attorney persecutes by pursuing another claim or claim to the third person. It is possible that in these cases there may be some drawbacks with withholding of funds or reimbursement of benefits to the employer’s insurance.
The important thing is that the worker is aware that in a work accident with serious injuries his future and that of his family are at stake. Therefore, it is not in any reasonable or sensible way on the part of the injured worker, to put his case in inexpert hands, much less to believe that he can defend himself. Experience and knowledge of the law are an inseparable binomial if you want to win a thorny work case.
Damages from work accidents of third parties
The fact that the recovery of damages in cases of work accidents of third parties is often greater than the benefits that the worker will receive through the workers’ compensation system, gives us an idea that these are not easy cases to win. You have to fight them legally with claw.
In this type of lawsuit, the injured worker can claim the payment of:
– Past and future medical bills.
– Loss of wages.
– Loss of capacity to generate future profit.
– Property damage.
– Pain and suffering.
In workers’ compensation claims
These damages are usually limited in workers’ compensation claims. In a normal claim with the employer’s insurance company, benefits are limited to medical expenses, disability compensation (temporary) and a cash award that is awarded to the worker when the treating physician determines that he or she suffers from a permanent disability.
Another limitation in labor laws is that if the worker is incapacitated / pensioned by the company, the periodic payment received for this concept will be much lower than the salary he had before suffering the injury.
If you need help from a work accident lawyer for the purposes mentioned above, do not hesitate to contact us for a free consultation. Our telephone number is (213) 320-0777.
Address: 205 South Broadway, Suite 1000 Los Angeles, CA 90012. Tel: (213) 687-4412 Fax: (213) 687-3441.