At Grey Law, our Los Angeles workplace accident lawyers know that many Americans work in occupations where they are subjected to risk of serious injury from a variety of workplace dangers. When injuries occur on the job as a result of employer neglect or misconduct, or the wrongful conduct of others , workers can be faced with disability, unemployment, and lost wages.
If you or a family member has been involved in a workplace accident in Los Angeles, you may be able to recover damages from the person or organization that played a part in causing the incident. Since there are many factors that can lead to workplace injuries and deaths, there are many parties who may be held responsible for your injury, loss of income, or pain and suffering. Timing is of the essence when filing a workplace injury claim. Contact an experienced Los Angeles work injury attorney at Grey Law today at (323) 613-2164 for a free legal case evaluation.
Why Choose Grey Law?
If you have been injured on the job in Los Angeles, look no further than Grey Law. Here’s what we bring to the table:
- Years of Experience: At Grey Law, we have over 35 years of experience with workplace accident and workers’ compensation cases in the Los Angeles area.
- Millions Recovered: Our reputation is built on results, as seen with the millions of dollars and benefits we have recovered for our work injury clients. We are committed to helping you get the justice you deserve.
- Free Consultations: At Grey Law, we offer free consultations for your case. No financial obligations are required.
Meet Attorney David Grey
Attorney David Grey founded Grey Law in 1986 and has been leading the law firm to success ever since. Grey and his team are committed to recovering maximum compensation for their clients and have done so with a 96% success rate. Grey has over 35 years of experience in the legal field and has extensive experience handling work injury cases. He is determined to get his clients the justice they deserve in a timely fashion.
Types of Los Angeles Work Injury Cases We Handle
The Los Angeles work injury attorneys at Grey Law have represented those injured with all types of serious and catastrophic injury, including brain injury, spinal cord injury, dismemberment injury, burn injury, broken bones, sprains and strains, Amazon warehouse injuries and other types of serious injuries and illnesses. Our firm fully investigates all workplace accidents to determine the cause and will also determine if Occupational Safety Health Administration (OSHA) regulations were violated, or any other regulations or laws.
The work injury attorneys at Grey Law provide legal advice and courtroom representation in Los Angeles for workers and their families in cases involving catastrophic injuries and wrongful death. We handle work-related injury claims in Los Angeles involving:
- Construction site accidents – collapsed walls and ceilings, and scaffolding accidents
- Factory accidents – repetitive stress injuries, heavy equipment injuries, conveyor belt accidents
- Industrial accidents – chemical burns, fires, explosions
- Auto accidents – representing commercial drivers, couriers, fleet drivers
- Environmental hazards – industrial sites, construction projects, and office buildings
It is especially crucial for injured employees to consider all their options before accepting any workers’ compensation from the employer. By accepting workers’ compensation from the company, employees forfeit their right to pursue the matter in court. Workers who are injured on the job have limited time to file a claim, and are therefore encouraged to contact a Los Angeles work injury lawyer as soon as possible following an incident.
Causes of Workplace Accidents
Workplace accidents are unfortunately quite common and can occur for a variety of reasons – some of which are very much preventable. Here are some of the most common causes:
Quite frequently, workplace accidents are a result of simple mistakes or oversights made by employees. It could be due to lapses in concentration or physical exhaustion leading to a lack of vigilance and poor choices.
Unfortunately, adequate training in necessary safety procedures isn’t always provided for staff members. Employees might not know how to correctly handle equipment, effectively identify hazards, or know what to do in an emergency situation, all of which could lead to serious work accidents.
Poor Workplace Conditions
Substandard safety conditions can also lead to workplace accidents. This could include situations such as a wet floor causing slips and falls, a disorganized workspace leading to tripping hazards, or poor maintenance of machinery, making them dangerous for operators.
Lack of Safety Equipment
The importance of having access to – and using- appropriate safety gear cannot be overstated when it comes to workplace safety. Yet, all too often, proper tools, gear, or protective equipment are unavailable or neglected, exposing workers to significant risk and increasing the likelihood for accidents.
While the reasons for workplace accidents vary widely, it’s clear that with proper diligence and oversight, many of these incidents could be significantly mitigated or even completely avoided.
Common Work Injuries
With each workplace, there exists a unique set of challenges and risks. Awareness of these incidents and how they occur can allow you to take preventive measures at your place of employment. Here are some of the most common work injuries.
- Overexertion Injuries: These usually occur due to lifting, pulling, or other strenuous physical activity.
- Slips/Trips/Falls: Any environment can lead to tripping on an object or slipping on wet floors when not appropriately maintained.
- Repetitive Strain Injuries (RSIs): RSIs, also known as repetitive motion injuries, typically arise from repetitive tasks such as typing, or other tasks repeatedly performed over long durations, such as factory assembly lines or ongoing heavy lifting in a warehouse environment.
- Fall from Heights: This mainly corresponds to jobs in construction or repair services, where you are required to work at hazardous heights.
- Vehicle Accidents: If your job involves driving, accidents arising due to negligence on the road can occur.
- Injuries from Falling Objects: These are particularly applicable to job locations like construction sites or warehouses where objects may fall on employees, causing injuries.
Understanding the nature of these common workplace injuries can guide you in taking necessary precautions to ensure your well-being on the job.
What To Do After an Accident at Work
Knowing what actions to take after experiencing a work-related accident can significantly affect your recovery process, both in terms of health and potential compensation claims. Follow these steps when involved in such an incident:
Report the Accident: Always report any workplace incident to your supervisor or employer, ensuring all details are accurately documented. This must be done within 30 days of your injury.
Seek Medical Attention: After an accident at work, you should always seek medical attention to ensure your health and well-being. It’s also helpful to have medical records for your claim.
Document Everything: Make sure you keep a record of all events, witnesses, and any other relevant details tied to the accident.
File A Workers’ Compensation Claim: Most employers in California are required by law to carry workers’ compensation insurance. You may be entitled to benefits following your injury and can obtain these by filing a claim.
Contact a Workers’ Compensation Lawyer: It’s crucial to seek legal advice after a workplace incident. A skilled Los Angeles workers’ compensation lawyer can provide guidance and assist you in navigating the complex procedures associated with claiming your benefits. Your actions after a work-related accident can drastically influence your road to recovery. Following these steps ensures the protection of your rights and maximizes compensation opportunities.
How to File a Workers’ Compensation Claim
The best way to file a workers’ compensation claim is to speak with a Los Angeles workplace accident lawyer who can help you, but having an overview of the process is incredibly helpful. Here’s what you need to do:
Complete the “Employee” Section of the Claim Form
The first step in filing a workers’ compensation claim is to complete the “employee” section of California’s Workers’ Compensation Form (DWC-1). Be sure to provide accurate and detailed information about your injury, including the date, time, and location of the incident, as well as information regarding any witnesses or other relevant details. Once completed, sign and date the form, keeping a copy for your records.
Submit the Claim Form to Your Employer
Next, you’ll need to return the completed claim form to your employer. This can be done in person or by mail, though it’s recommended to use certified mail with return receipt requested. Keep a record of the mailing and receiving dates, as delays or failures to submit the claim form may risk your eligibility for benefits.
Follow Up with Your Employer and Insurance Company
Upon receiving your claim form, your employer should complete the “employer” section and send the form to their insurance company. You should receive a copy of the completed claim form from your employer; if not, follow up and request a copy to keep for your records.
The insurer has 14 days to mail a status letter after receiving your claim form. If you haven’t received a letter within this timeframe, contact the insurance company for a status update. It’s crucial to stay informed and proactive during this process to ensure your claim is handled promptly and accurately.
Workers’ Compensation Benefits in California
Like most states, California mandates that injured employees be covered by and receive benefits under workers’ compensation laws. Workers’ compensation offers no fault benefits. That means that regardless of whether the employer, employee, a co-worker or some other unrelated third-party was at-fault, an injured employee can receive benefits. The only requirement an employee must meet to obtain workers’ compensation benefits is that he or she be injured while working.
The benefits include payment of medical expenses, partial substitution of income loss during periods of disability and compensation for permanent impairments from the injury. Workers’ compensation benefits are simply insufficient to fully compensate injured workers for their losses, their pain and suffering, and their loss of quality of life. The Los Angeles workplace accident attorneys at Grey Law are experienced in all aspects of litigating employment related injuries, and obtaining complete workers’ compensation for all damages incurred.
Third-Party Work Accidents
A third-party work accident occurs when an employee is injured on the job due to the negligence of someone other than their employer. This may include accidents caused by contractors, vendors, or even coworkers who are not employed by the same company. In these cases, injured employees may have the option to pursue compensation through a personal injury lawsuit rather than a workers’ compensation claim. A Los Angeles work injury attorney can help you to understand the nuances of third-party work accidents.
Third-Party Claims vs. Workers’ Compensation Claims
There is a significant distinction between third-party personal injury lawsuits and workers’ compensation claims. While both aim to provide compensation to injured employees, they differ in the following ways:
Fault and Negligence
Workers’ compensation is a no-fault insurance system, meaning that an injured worker can receive benefits regardless of who was at fault for their accident. In contrast, third-party personal injury claims require the injured employee to prove that someone was negligent and caused the accident.
Types of Compensation Available
Workers’ compensation benefits generally cover medical expenses and a portion of lost wages. However, it does not provide compensation for non-economic damages such as pain and suffering. On the other hand, third-party personal injury claims can potentially include compensation for a wider range of damages, including medical expenses, lost wages, pain and suffering, emotional distress, and other financial losses resulting from the injury.
Who Can You Sue in a Third-Party Claim?
In a third-party work accident, the potential defendants vary depending on the circumstances of the case. Here are a few common examples:
- Property Owners: If you are injured on someone else’s property while performing your work duties, the property owner can be held liable if they failed to properly maintain the area or provide a safe environment. For example, if a defective piece of equipment injured you in a factory.
- Product Manufacturers: If your injury was caused by a defective product or equipment, the manufacturer may be held responsible for the damages.
- Drivers: If you are involved in an accident while driving for work purposes and another driver’s negligence caused the accident, you may be able to hold them accountable for your losses.
- Subcontractors: In construction and similar industries, subcontractors working on the same job site but employed by a different company can sometimes be held liable for accidents they cause.
Benefits of Pursuing a Third-Party Injury Claim
There are several advantages to filing a third-party injury claim when injured on the job, some of which include:
- Additional Compensation: As mentioned previously, third-party injury claims can potentially provide compensation for a wider range of damages compared to workers’ compensation claims. This can be particularly beneficial to employees who have suffered severe injuries with long-lasting consequences, such as ongoing pain and suffering or significant lost wages or reduced earning potential.
- Accountability: Filing a third-party injury claim can help hold the negligent party responsible for their actions. Pursuing a lawsuit against the party at fault may provide a sense of justice and closure for the injured employee and their family.
- Opportunity for Dual Compensation: It is important to note that an employee can potentially file both a workers’ compensation claim and a third-party personal injury lawsuit simultaneously. In doing so, the injured worker may be able to maximize their potential compensation and ensure they have the financial resources to address their needs during the recovery process.
Ultimately, the best way to determine what kind of claim you can file and who is liable is to speak with a Los Angeles work injury attorney as soon as possible after the accident.
Contact a Los Angeles Work Injury Lawyer
If you have suffered a work injury, please report the incident to your employer immediately. However, we urge you not to talk with any insurance company representative or to sign any insurance document without first consulting an experienced Los Angeles workplace accident lawyer from Grey Law. Employers, third parties and their insurance carriers are out to protect themselves from liability. We are here to protect your rights and safeguard your best interests. Call our office today at 323-613-2164 for a free consultation and comprehensive review of your right to seek additional compensation beyond workers’ compensation benefits.