Legal Remedies for Injuries Caused by Co-Workers
Personal Injury Attorneys Will Help You Get the Compensation You Deserve
Getting hurt at work can be a challenging experience. When you get hurt, the first thing on your mind might be how you will navigate through the financial burdens or medical costs. In California, any ache or pain you feel on the job should get reported regardless of how it occurred. That includes injuries caused by other co-workers on the job. Contacting a Los Angeles workplace accident lawyer is one of the best things you can do while you wait to hear back from your employer. After your legal counsel reviews your case, you might be able to recover compensation by filing a workers’ compensation claim or personal injury lawsuit.
Work-Related Injuries Overview
Workplace accidents are unforeseen incidents that cause loss or injury. If you were injured by a co-worker, you might be able to recover compensation through a workers’ compensation claim or a personal injury lawsuit. In most cases, any accident that took place within the scope of employment gets covered. Employees who work on a construction site carry and lift heavy machinery and products all the time. If, for example, an employee loses his/her balance and drops a hammer on your foot, you should get covered under your company insurance. Before reaching out to a work injury attorney, you should follow these steps if you had a work-related incident:
Notify Your Employer – When an accident happens on the job, make sure to tell your employer immediately. They will file an official report, call appropriate authorities, and inquire about the situation to determine if you need urgent medical assistance. In the end, this action intends to help you get the treatment you need and prevent this injury from happening again.
Document Your Injuries – Document and take photographic evidence of your injuries when they are fresh, write down details of your pain, how the injury limits your work productivity, and medications you are taking (if applicable).
In court, your employment accident attorney in LA will present your evidence to the jury. Not having evidence weakens your claim and hurts your chances of settling.
If you work for a large company, human resources may interview witnesses and involved parties. If so, obtain a copy for your records as you negotiate a settlement agreement.
Make A Work Injury Accident Report – Employers have accident injury claim forms that employees must submit to request workers’ compensation. If your employer does not provide you with one, contact the California workers’ compensation board.
The form will inquire about personal information and details of the accident. You may have to incorporate information about:
- The nature of the injury (affected area/region on your body)
- How the accident happened
- The number of co-workers involved
- Date, time, and location of the accident
- Medical treatment you have undergone
After you complete the form, hand it to your employer and make a copy for yourself. Failing to report the injury within 30 days can cost you your case. You can lose your right to collect compensation benefits entirely.
About California Medical Care – Workers’ Compensation
When you get injured at work, having a firm understanding of California’s workers’ compensation medical care policy will make a difference as you move forward with your legal case. As mentioned, a Los Angeles injury lawyer would recommend you document the progression of your injury and related pains. The evidence of your injury is crucial whether it was a minor burn injury or slip and fall injury on the premises.
Doctors in California’s workers’ compensation system must provide evidence-based medical treatment. They are only required to treat the localized wound or relieve any injuries and illnesses caused at work. According to the California Department of Industrial Relations (DIR), the treatments are listed in an extensive guideline that:
- Details which treatments are effective for specific injuries
- Frequency of treatment
- How long the medical procedure should be
- The intensity of the treatment
Be mindful that because there are many evidence-based medical treatment requirements, you might receive adequate care. The state has adopted a medical treatment utilization schedule (MTUS) and adopted practices from the American College of Occupational and Environmental Medicine to incorporate acupuncture and physical therapy post-operation. As an employee, you might be entitled to:
- 24 chiropractic visits
- 24 physical therapy visits
- 24 occupational therapy visits
Civil Claims for Non-Work-Related Injuries
Employees are not covered for workers’ compensation if the co-worker that caused the injury was not engaging in a non-work-related activity. Three scenarios that are not applicable for such benefits are:
- Lunch Breaks: If you got hurt at lunch, you might not get covered by workers’ compensation. Meal and rest breaks are not considered as a work-related activity even though it happens on the job.
- Altercations Between Co-workers: If a co-worker intentionally tried to harm you and did not involve a work-related issue, your injury may not get covered. Disputes might occur for personal reasons, beliefs, or circumstances that occur outside of the office.
- Horseplay: Horseplay is a familiar injury that occurs from “goofing off.” Workers’ compensation does not cover damages for such injuries. Unless you did not participate in the horseplay, or if it is acceptable in your line of work (or by the employer), you might be able to recover for damages.
In these circumstances, you might be able to sue your co-worker and employer in a civil court outside of a personal injury lawsuit. Civil liability for injuries is slightly different, as it resolves intentional actions and negligence. When you get hurt on the job and hope to file a lawsuit, reach out to an injury attorney in LA to guide you through the process.
About Grey Law
“When it comes to getting you more, I won’t settle for less.” – David Grey
When you or a loved one are injured due to negligence, carelessness, or wrongful acts of another person, David Grey is ready to help. Seeking compensation or negotiating with insurance companies can be stressful, especially while recovering. Let us do that for you. Our Los Angeles personal injury lawyers are well-versed in several practice areas:
- Traffic Accidents
- Premises Accidents
- Personal Injuries
- Product Liability
- Nursing Home Abuse
Why do you need a lawyer for accident compensation? With thousands of lawyers in California, we understand it can be difficult to choose the right legal representation. We have 35+ years of experience and secured millions for our clients. From the time you retain our firm, we build your case. For a free case evaluation and consultation, reach out to us at 323-768-0497 or email email@example.com.
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