ACCIDENTS AT WORK

CAN I GET WORKERS' COMPENSATION AFTER AN ACCIDENT AT WORK?

California workers’ compensation system identifies two basic types of work-related traumas: specific injuries and cumulative traumas. Specific injuries are one-time events, and we usually refer to them as accidents. According to the Bureau of Labor and Statistics, private industry employers reported 2.7 million nonfatal workplace injuries and illnesses in 2020.

Examples of specific incidents are as follows:

  • Slipping and falling on a floor
  • Back sprains due to lifting, carrying or pulling a heavy object
  • Vehicular accidents while operating workplace equipment
  • Fires and explosions
  • Getting hit by a debris during construction
  • Getting hit by moving machinery
  • Falling from a scaffold
  • Chemical burns
  • Ingesting toxic fumes
  • Electrocutions
  • Falls

So long as there is proof these incidents occurred at work, an injured worker may file a claim for workers’ compensation benefits.
It is noteworthy that many insurance companies will make every effort to try to deny valid specific injuries. They routinely deny valid claims by:

  • asserting the lack of substantial medical evidence
  • failure to report an injury
  • that a worker is an independent contractor rather than an employee
  • that a statute of limitations prevents the lawsuit
  • that a pre-existing condition caused the disability and not the accident

There are also cases falling under the gray area of law, requiring creative litigation strategies, such as

  • injuries occurring at parking lots, and while driving during work-related assignments
  • injuries occurring during lunch hours and breaks
  • injuries occurring during off-duty recreational events and more.

Lastly, even if an insurance carrier accepts the claim, they often agree to provide medical care for one or two body parts only while frivolously denying liability for other injured body parts.

In all these cases, assistance of a skilled attorney is key to ensuring an injured worker receives all benefits available under the law.

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