Regardless of what you do for employment, there is always the possibility of getting injured at work. If you got hurt or came down with an illness because of your job duties, there’s a good chance that your employer provides workers’ compensation benefits.
Would you like more information on your legal rights after a work-related accident? Did you find out that you have a health condition because of cumulative trauma from your job, like repetitive tasks? We urge you to speak with a San Bernardino workers’ comp attorney here at Normandie Law Firm. We have a team of bilingual lawyers who can talk to you in Spanish. That way, you can receive answers to important questions and understand the process of filing for a workers’ compensation claim in California. We are proud to serve the communities of San Bernardino County, including Fontana, Ontario, Victorville, Rialto, Hesperia, Chino, and Barstow.
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Work Injuries among Employees In San Bernardino
Any type of work place, even a corporate office building, can have situations where someone is seriously injured. Accidents can happen even if the worker is paying attention and following the recommended safety rules. Most injuries at work are due to the following accidents:
- Slip and fall
- Trip and fall
- Getting hit with falling objects
- Mechanical malfunctions (tools and equipment)
- Car accidents (common among delivery / truck / bus drivers)
A single accident can result in days, weeks, or months of time lost from one’s job. Job-related injuries include deep lacerations, bone fractures, ligament tears, permanent nerve damage, and traumatic brain injury. As a result of the injury, employees can develop long-term health complications like chronic pain and post-traumatic arthritis. These are just some of the health conditions that can qualify you for workers’ compensation.
What is Workers’ Compensation?
Workers’ compensation is an insurance program that’s mandated by each state. The employers pay into the program by purchasing a workers’ comp insurance policy, which pays for medical bills, lost wages, and other benefits for an injured worker. Most WC claims are filed after an accident, like slipping on a warehouse floor and fracturing your foot. You have 30 days from the date of injury to notify your employer, and they are responsible for giving you the related paperwork and telling you which physician to go to. Once you return the completed forms to your employer, they will submit the claim to their insurance provider.
If your claim is approved, you will receive biweekly payments for medical expenses and up to two-third of your wages. Depending on the severity of your injury, you may be approved for permanent disability benefits.
What happens if your claim is rejected? This can happen to injured workers, even if they have valid circumstances to ask for workers’ comp. Perhaps the insurance company has ruled that the injury is not related to your work duties, or you are exaggerating the severity of the injury / illness. In some cases, they will blame the worker for causing the accident or find some other unjust reason to reject a claim.
You are entitled to a legal process to appeal the ruling, but it’s very difficult for non-English speaking workers to succeed in a workers’ comp hearing with the state. Insurance companies and employers are aware of this fact, and sadly, some of them have no problems taking advantage of Spanish-speaking workers when it comes to their employment rights.
Can I Sue if I was Injured at Work?
As a general rule, employees must apply for workers’ compensation instead of filing a lawsuit against their employer. After all, the system was created specifically for the purpose of helping workers when they need to be out for an injury or illness. However, a lawsuit is possible if one or more of the following conditions relates to your case:
- Your employer is not required to carry workers’ comp insurance, or they do not have coverage, even though they are legally required to do so.
- The coverage afforded by your employer is insufficient
- Your WC claim was unjustly denied, or the insurance company is denying you the full range of benefits you are entitled to.
- Gross negligence by your employer is the reason you were injured.
- You are the victim of intentionally malicious / criminal conduct by your employer.
If you would like to discuss the possibility of suing your employer for an accident at work, contact our team of Spanish-speaking lawyers in San Bernardino.
Steps to Take after a Work Injury
As someone in San Bernardino who was injured because of your job, please take these steps to protect your rights and ensure that your claim is approved:
- Tell your employer immediately about the incident. If you have severe injuries, you can go to the emergency room first, then contact your employer as soon as possible.
- Try to take photos of any visible injuries and the scene of the accident.
- See the doctor recommended by your employer, since you cannot move forward with a claim until your injuries are diagnosed by a medical provider within your employer’s network.
- Take note of any surveillance cameras that may have recorded what happened
- Ask witnesses for their contact info or statements of what they saw.
- Keep all your evidence (medical bills, correspondences with the insurance company, photos and video footage, etc.) in a safe place.
- Contact Normandie Law Firm to speak with a Spanish-speaking work accident injury lawyer.
Deadline to File for Workers’ Compensation in California
As we said before, all accidents and diagnoses for all illness associated with your job duties must be reported to your employer within 30 days. You must also submit your claim to the insurance company within 1 year, though we suggest that you complete the process much sooner. Otherwise, you will experience significant delays in your payments and struggle to keep up with your bills.
What if you have grounds for a personal injury lawsuit, meaning a separate legal action from a WC claim? For instance, a negligent driver may have hit your car while you were making a delivery. A third party injury claim normally has a deadline of 2 years from the date of injury. But this is not an absolute rule, which is why counsel from a San Bernardino work injury attorney is highly recommended.
Lawyers in San Bernardino that Speak Spanish
California has the highest rate of Hispanic workers and residents out all the states in the U.S. When someone is not fluent in English, they can be taken advantage of by unscrupulous employers and insurance companies. With our team of Spanish-speaking lawyers by your side, you can receive legal advice and skilled representation in your native language.
Our law firm does not ask you to pay upfront if you need a lawyer to handle your workers’ compensation claim or lawsuit. The cost of legal fees gets deducted as a percentage of your compensation from a successful case. So, if you do not get paid from a work accident claim, you pay us $0 – our promise to you under the Zero Fee Guarantee.
To schedule a free case review with a Spanish-speaking workers’ compensation lawyer in San Bernardino, please get in touch with us 24 hours a day, 7 days a week.
