There are often times when some California Workers Compensation cases include other third party claims as well. If you've been fired after your work injury you can have a wrongful termination claim in addition to your injury claim. If someone assaulted you at work, you could have a workers comp claim and a personal injury claim against the assaulter. Each individuals case is just that, individual. There is no better way to know what your options are than to speak to a lawyer so that you may introduce ALL of the facts that go along with your situation. Without all of these facts there is no clear way to determine what the best plan of action is. Take into consideration your options and know there are many choices available!
If you have been injured at work and have legal questions feel free to call California Law Associates at 714- 542-3377
There are several reasons why you should always report your injury if it occurs on your job site.. One of the biggest reasons pertaining to California Workers Compensation is your ability to ensure your rights. If you never report your injury to your employer you can lose many medical benefits and other work benefits to compensate you while you are unable to work. This is crucial to your health and workers comp case to report your injury as soon as it happens. Even if you wait a day or a week later you should still report it.
Among other reasons for reporting...
1. Your injury can resurface later.
Sometimes we suffer a slip and fall and we get up right away just walking it off. These types of injuries should always be reported regardless of how you feel right after the injury. The problems we face with our human bodies can lead to internal trauma. So even though you fell and dont feel any pain, you may feel pain in other areas because of that fall for example you may develop back pain or other issues associated with your injury that you may not notice right away. Its important to get treatment for these injuries and if you are employed you shouldnt be paying these expenses out of pocket, your employer should pay them.
2. It can affect your job ability.
If you get injured at work and dont report it, you may not be able to function at the same capacity you did prior to injury. Once reported you boss can modify your duties to make sure you dont continuously injure yourself or worsen the condition. Its important for employers to see what type of injuries you have suffered so that your doctor can modify your work duties so that you dont keep getting hurt.
3. Legally notifying your employer is the only way they can help you.
If you dont notify your employer of your injuries, they are never afforded the opportunity to send you to a doctor and pay your medical expenses. There is no way for your employer to help you if you dont notify them. Legally you should always report your injury so that they can do there best to get you proper medical treatment from their insurance company.
To recap a few things, always report your injury to your employer, give them an opportunity to help you, if they dont help you or modify your work duties talk to an attorney right away.
California Law Associates has been helping orange county employees for the last 25 years in their workers compensation claims, if you have a question or need an attorney dial 714-542-3377 or visit www.attorney4u.us
Being in the workers compensation industry and working at california law associates for almost a decade i get a lot of questions from potential clients. The most common one is:
If i file a claim, will my employer fire me?
The simple answer, maybe.
In California, it is against the law for your employer to fire you just because you filed a claim. If you believe this happened to you, you can file a wrongful termination claim in addition to your workers compensation injury claim for punitive damages against your employer. Punitive damages are reimbursable to the claimant. Simply put, your employer should not fire you for your work injury and its against the law to do so. The courts don't like it when their citizens get hurt on the job and then punished for it so they punish the employer for these types of actions.
The second most common question i get is, Do i have to stop working?
and simply put, no you do not. You can get medical treatment and continue with Modified work duties so that you dont continue to injure yourself. There are several options when it comes to doing what is best for your health and safety and by no means is the legal system designed to keep you off work unless you have suffered a severe disability or work restriction. Again, this question is often asked and is SO particular to each individual that an answer cant be found online, you really have to talk to an experienced professional to determine your best course of action and what to do to ensure your legal rights and benefits.
If any of these questions apply to you, you may want to consider hiring an attorney for your workers compensation claim. Workers compensation attorneys work on contingency so you do not pay any legal fees upfront to get your case started.
MANY PEOPLE IN THE SERVICE INDUSTRY SUCH AS WAITERS, COOK STAFF, AND CHEFS OFTEN WORK OVER 40 HOURS A WEEK.
• Air Traffic Controllers
• Airline Employees
• Childcare Providers
• Computer Professionals
• Construction Workers
• Data Entry
• Food Service Workers
• General Laborers
• Grocery Store Workers
• Healthcare Professionals
• Hotel Employees
• Industrial Workers
• Office Workers
• Refinery Workers
At California Law Associates, Workers Comp Attorney Shehzad and his team of compassionate Workers Compensation professionals has represented clients who have endured a broad range of on the job injuries, including but not limited to the following:
• Back Injuries
• Carpal Tunnel Syndrome
• Catastrophic Illness
• Cervical Neck Injury
• Construction Accident Injuries
• Head Injury
• Illness Resulting from Exposure to Toxic Chemicals
• Industrial Accident Injuries
• Loss of Hearing
• Loss of Sight
• Lumbar Back Injury
• Lung Disease
• Neck Injury
• Nerve Damage
• Organ Damage
• Repetitive Motion Injury
• Respiratory Illness
• Severe Burns
• Soft Tissue Damage
• Spinal Cord Injuries
• Torn Rotator Cuffs
• Traumatic Brain Injury
Andria Elkhettab is a J.D. graduate of Pacific Coast University School of Law who has been employed in the California Workers' Compensation Field since 2008.
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