Workers' Compensation

When an employee is injured on the job in the course of doing their assigned work, their employer provides medical and financial aid through workers' compensation funds. In California, all corporations, partnerships, and sole proprietorships are required to have workers' compensation insurance.

Necessary doctor's bills, temporary disability (similar to lost wages) payments are all covered by workers' compensation laws, and should be provided by the employer. Although the employer and their insurance carrier are responsible for referring the injured employee to a doctor, it is possible to appeal the chosen physician should it prove necessary.

But one of the most important things to know if you are seeking workers' compensation is that work-related injuries are covered by the Exclusive Remedy Doctrine. This means that once your injury is accepted and the employer complies with the law, you cannot bring a civil action against your employer for that specific injury, whether the employer was negligent or not, except in very narrow circumstances.

For this reason it is crucial that you contact a highly skilled workers' compensation lawyer as soon as possible after you are injured on the job.

If you feel that your work-related injury may have been caused by someone besides your employer, you would be well advised to seek legal advice.

Third-Party Cases

Sometimes a third-party can be found culpable for the injury. For example, if an employee is injured by a defective piece of heavy machinery, the designer, manufacturer, or retailer of that machinery may be liable for the injury. Other examples would be motor vehicle accidents, slip-and-fall injuries (if property is owned by someone other than the employer), and even medical malpractice if a work-related injury is improperly diagnosed and treated.

Even if you have filed a workers' compensation claim, it is still possible to file a suit against the third-party.

Third-party cases are one of the most important reasons why retaining a workers' compensation attorney immediately after a work-related injury can improve an employee's chances of receiving the full amount of damages to which they are entitled.

After A Work-Related Injury

If you or a loved one has suffered a work-related injury, report it immediately to your employer. Even if it is a minor soft-tissue injury, further and potentially permanent complications can arise that might create major health problems in the future. For example, a strained back may seem inconsequential and be temporarily remedied by wearing a brace but the damage can persist until the pain becomes unbearable and limiting. After a certain period of time, the statute of limitations for filing a workers' compensation claim passes, and you could be left without the option of medical or financial assistance.