Workplace accidents can happen to anyone and are usually unpredictable. While it is the employer’s duty to provide a safe work environment for all, employees should also equip themselves with the knowledge of what to do after a workplace injury. If you or one of your colleagues has been injured at work, the first thing you should do is get medical attention. Once that part is covered, you must follow the legal steps for compensation.

Know the Accident at Work Act

In California, the law allows injured employees to claim damages or financial benefits if they suffer an injury while performing their duties. For workplace injuries in California, the injured employee has two major options: filing a worker’s compensation claim and filing a personal injury claim. You can get legal help from professionals like Greenberg and Ruby Injury Attorneys if you do not have sufficient understanding of laws and legalities.

You can make both types of claims in certain circumstances. Your attorney can explain what legal options you have depending on how you were injured at work. Let’s take a look at both the claim processes.

Workers compensation

Under the California Occupational Safety and Health Act of 1973, employers are required to have an injury prevention program. The program allows employees to apply for workers’ compensation benefits if they suffer an accident on the job. Some of the important points of this claim process are mentioned below:

• You don’t have to prove anyone else’s fault for the injury. You have the right to make a claim even if it was a complete accident.

• Workers’ compensation benefits cover several losses, including medical bills and lost earnings. Benefits also cover the cost of retraining if you can’t do the same job as before because of your injury.

• Workers’ compensation also covers death benefits if an employee dies from injuries sustained.

• If the injured person is an independent contractor or self-employed, they cannot claim workers’ compensation benefits.

If your workers’ compensation claim is denied, you can appeal the decision in most cases. However, it is recommended to seek legal assistance from professionals during the appeal.

Personal injury claim

You have the right to claim civil damages if you have suffered injuries due to your employer’s negligence. In this claim process, you have to prove your cases. You must show that:

• Your employer was aware or should have been aware of the possible danger.

• Your employer has not fixed the problem or defect.

• You have suffered an injury due to your employer’s negligence.

• You have suffered financial loss as a result of the injury.

The purpose of this claims process is to obtain compensation for injuries caused by someone else’s negligence.

How Long Can You Stay on Workers’ Compensation in California?

There are several factors that determine how long you can stay in workers’ compensation in California. The severity of your injuries and whether there is any possibility of you returning to work can decide the duration of your benefits.

Some of the most important aspects of these benefits include the following:

• Workers’ compensation benefits are generally only payable for up to two years (104 weeks).

• Workers’ compensation benefits are payable for up to 240 weeks for long-term injuries such as hearing and loss of sight or other disabling conditions.

• You can receive disability benefits for an indefinite period if you are seriously disabled or injured as a result of an accident at work.

It is important to note that these benefits do not affect your right to claim compensation for personal injury.

Steps to take after a workplace injury

In the event of an accident at work, you must get the necessary help.

Here are the major steps you need to follow:

• Get medical attention, even if the injuries don’t seem serious.

• Report your injuries or illness to your employer as soon as possible.

• Gather evidence such as witness statements, pictures of hazardous conditions, etc.

• Contact a professional attorney for legal advice and guidance.

conclusion

Workplace injuries are unfortunate and, in most cases, we have no control over them. However, knowing California workplace accident laws and how to file a claim can help you navigate the tough times more effectively. Even if you think it was a complete accident, you should get legal advice from an experienced work injury lawyer.

Source: Greenberg & Ruby Injury Attorneys, CA