What To Do After Being Injured at Work in Los Angeles 2024

Aug 11, 2024 | Workers Compensation

If you are wondering “what to do after being injured at work in Los Angeles?” be sure to let your employer know right away and seek medical attention when possible—promptly following the accident if the injury requires emergency treatment. Consider consulting with a personal injury attorney with experience in workers’ compensation cases so you can have adept legal counsel and guidance throughout the process.

What Counts as a Workplace Injury in California?

Any injury incurred within the workplace while on duty or an illness that developed due to one’s occupation may qualify as a workplace injury that entitles the employee to the benefits of workers’ compensation.

California labor laws allow employees of all professions and industries to seek workers’ compensation benefits. However, workers not eligible for state compensation benefits include undocumented or unlawful migrants, domestic workers (babysitters, nannies, housekeepers, etc.), seasonal employees, and independent contractors.

Workplace injuries may be caused by numerous different circumstances. Injuries commonly result from accidents such as:

• slip and fall incidents
• objects falling onto workers
• falling from great heights
• faulty or malfunctioning equipment
• improperly maintained machinery
• workplace violence
• prolonged exposure to harmful substances, toxic chemicals, or a hazardous workplace environment
• job-related motor vehicle collisions

If you are unsure whether your illness or injury qualifies for workers’ comp benefits, consult with an experienced personal injury law attorney about your case.

What Should I Do After Getting Injured at Work?

The moment you get into an accident at work, suspect you sustained an injury from a previous incident, or believe you have developed an occupational illness, immediately report it to your employer or supervisor. It is crucial to report a workplace injury as soon as you can to avoid any disputes about the validity of your claim or other issues. This also gives your employer a chance to process the incident through the procedures in place and compensate you through their insurer.

You may lose your ability to seek compensation if you don’t promptly report the injury within 30 days of the workplace accident or from when your job-related affliction became apparent. Once your employer is notified of your injury, they are legally required to file an incident report. Your supervisor is also obligated to provide you with the proper resources or materials needed to pursue your injury claim.

If your employer or supervisor fails to file a report regarding your injurious accident, doesn’t provide you with the necessary means to file for workers’ compensation, or takes adverse retaliatory action against you, consult with a workers’ compensation attorney right away to hold your employer responsible and continue pursuing compensation.

In addition to making your employer aware of your workplace injury, it is also recommended that you seek medical attention right away if the physical harm is urgent or you need a medical professional’s treatment in order to correct the injury or manage the symptoms. Whether you are filing for compensation through your work’s system or taking action against your employer, an experienced workers’ comp lawyer is a vital and beneficial resource to have on your side.

FAQs

Q: How Much Is a Workers’ Comp Settlement in California?

A: How much a workers’ comp settlement may be can vary. The amount of compensation an injured worker may receive depends on factors such as the extent of the physical harm sustained, whether permanent disability or disfigurement was incurred, the worker’s age and overall health before the injury, and how much the worker earned on average each week while employed.

Other influencing factors include whether gross negligence or misconduct was involved and whether the employee is unable to return to work.

Q: What Is the Employer’s Responsibility When a Worker Is Injured?

A: When a worker is injured while on the job, the employer—upon being made aware of the injury—is legally obligated to file an incident report and ensure the employee receives the proper instructions, resources, and materials needed to pursue workers’ comp benefits.

An employer is prohibited by state labor laws from taking adverse disciplinary or retaliatory action against a worker for reporting a job-related injury or for seeking compensation. An attorney can help you if your employer doesn’t follow proper procedures.

Q: What Should I Do After a Workplace Accident in Los Angeles?

A: After sustaining an injury from a workplace accident, be sure to promptly report the incident to your supervisor or employer. If you suspect you have developed a work-related illness or are showing symptoms from a previous workplace incident, let your employer know right away once harm becomes apparent to you.

It is important to make your employer aware of your injury so they can report the incident and you can receive instructions on how to proceed with filing for workers’ comp.

Q: How Long Does It Take to Receive Workers’ Comp in California?

A: For many workers’ compensation cases, the matter is settled fairly quickly. This is likely if there is little dispute surrounding whether or not you sustained the injury while at work or on the job. Insurance companies are typically cooperative in reaching a settlement and offering fair compensation.

Your workers’ comp claim may drag out if it is difficult to establish that your injury or illness resulted from your work duties or if the insurance company refuses to negotiate a reasonable settlement.

Q: Can I Sue My Employer for an Injury on the Job in California?

A: In California, injured workers receive benefits regardless of whether there was employer negligence or another at-fault party. This means fault does not need to be proven in order for you to receive benefits. It must only be established that your injury qualifies as a result of your job. However, if your employer fails to report your injury, does not help you file for workers’ comp, or takes retaliatory actions towards you, you are entitled to take action against them in civil court.

Speak with a Successful and Committed Workplace Injury Lawyer

The workers’ compensation attorneys at Barry Law Group have reached favorable outcomes for numerous employees throughout California, ensuring each client receives the benefits and settlement they are entitled to. Contact our office today to schedule a meeting with one of our proficient workers’ comp lawyers.