Injuries are very common in the workplace, no matter the industry or job setting. If you were injured or developed an illness related to your job duties, you are likely to qualify for workers’ compensation under California law.
Are you interested in learning about your rights and legal options after an accident at work? Were you diagnosed with an illness caused by chemical exposure, repetitive tasks, and other cumulative trauma from your job? If so, don’t hesitate to contact our law firm. Here at Normandie Law Firm, you will find a compassionate team of Spanish speaking lawyers, who are ready to help with all your questions and concerns. Along with Riverside, we provide legal services for all cities in Riverside County, including Moreno Valley, Corona, Temecula, Murrieta, Palm Springs and Hemet.
Types of Work Accidents and Injuries
Work accidents can happen in any type of location, even when a worker is being careful and complying with safety regulations. Possible accidents at a workplace include:
- Slip and fall due to spills on the floor, improper cleaning techniques, no Wet Floor signs, etc.
- Trip and fall accident from hazards like broken concrete, loose cords and wires, and missing tiles
- Falling objects that strike the worker on the head or another part of the body
- Malfunctions with tools and equipment, which may be from lack of maintenance or manufacturing defects
- Motor vehicle accidents from reckless driving, lack of training / supervision, and failure to repair or maintain the vehicle
These are just some of the accidents that can injure workers and cause them to miss days, weeks, or months from their job. As a result of a workplace accident, you can end up with deep cuts, traumatic brain injury, broken bones, damage to the internal organs, nerve damage, torn ligaments and tendons, paralysis, and more. Workers can also have cumulative trauma from certain types of work, which can lead to health conditions like cancer, carpel tunnel, lower back disorders, and mental illnesses.
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Workers’ Compensation for Injured Employees
Workers’ comp is a type of state-sponsored insurance that pays for lost wages, medical bills, and more in the event you sustain a work-related injury. Most cases involve some type of accident during the workday, like slipping on the floor and hurting your knee. Please note that your employer must be notified of your injury within the first 30 days. Upon being notified, they should give you the paperwork for a claim, which you must complete and return to your employer. At that point, your employer will submit the claim to their insurance company for processing.
Hopefully, your claim will be approved without any major hiccups. That means you will start receiving benefits like medical expenses, up to two-thirds of lost wages during your recovery, and temporary / permanent disability payments.
Unfortunately, some workers run into problems and find that their claims are rejected. The insurance company may argue that your injury is not related to your work, or you are exaggerating your symptoms and long-term health complications. They may even try to blame you for the accident and refuse to pay the claim. You have the right to file an appeal and ask for a hearing from the state, but this is a complicated process, particularly if English is not your first language. This is why insurance companies can get away with denying legitimate claims, and why it’s essential for workers to speak with a Riverside work accident injury attorney.
Can You Sue for an Injury at Work?
For the most part, workers who qualify for WC cannot sue their employer. However, you may have grounds for a lawsuit under limited circumstances, which are as follows:
- Your employer does not carry workers’ comp insurance even though they are legally required to under California law.
- The coverage under the employers WC policy is insufficient
- Your claim was denied without legal justification
- You were injured as a direct result of gross negligence or misconduct by your employer
- Your employer intentionally caused you harm and suffering (deliberately placed you in harm’s way, assault and battery, etc.)
If you would like more information on the right to file for workers’ compensation, please know that a Spanish-speaking lawyer is available to assist you at Normandie Law Firm.
What to Do After being Injured at Work
If you are a Riverside worker who was injured within the course of your job duties, here are the steps that can help you succeed in a workers’ compensation claim.
Report the accident to your employer immediately, unless you have life-threatening injuries that require emergency care.
- If you can, take photos of your injuries and the accident scene.
- Once you notify your employer, see the recommended doctor right away for a proper diagnosis and treatment plan
- Keep an eye out for any cameras that may have forage of the accident.
- Try to get contact information from witnesses or ask them for written statements
- Keep all medical records and proof of lost wages in a safe place.
- Consult a lawyer that specializes in work injury claims.
Deadline to Seek Compensation for a Work Injury
We previously mentioned that you must tell your employer about a job-related injury within 30 days of the accident. In addition, you have 1 year from the date of injury to file a workers’ compensation claim. We do not suggest waiting that long, as you want your payments to start as soon as possible.
What if you are eligible for a lawsuit, separate from a WC claim? For example, maybe you were hurt in a car accident while making a delivery, meaning that you can seek restitution from the driver at fault. If you wish to file a personal injury lawsuit against a third party, you must do so no later than 2 years from the accident date.
Spanish Speaking Attorneys for a Workers’ Compensation Claim
The state of California has the highest population of Hispanic residents and workers, and many of these people are not fluent in English. However, they still deserve protection under the law, and this includes the right to workers’ comp in the event of a work-related injury or health complication. Normandie Law Firm has a team of Spanish speaking lawyers who are ready to guide you through the legal system, in the language that you are most comfortable with.
Being out of work for any amount of time can take a major toll on your finances, and that’s why many people are reluctant to see an attorney. The work accident injury lawyers of Normandie work on contingency, and that means we do not get paid until you are compensated from a successful claim or lawsuit. If the case is not resolved in your favor, the Zero Fee Guarantee allows you to walk away without paying a cent.
If you are ready to discuss your claim with a lawyer that’s fluent in Spanish, please take a moment to contact our office.
