Workplace Injuries

Workplace accidents are caused by myriad factors, often involving a combination of unsafe conditions and negligent actions. The following are among the most common causes of workplace accidents in California:

• Unsafe working conditions. Unsafe working conditions like faulty machinery, malfunctioning equipment, and broken tools can lead to devastating work injuries.

• Hazardous work environment. Workplaces that contain exposed electrical wiring, wet floors, insufficient ventilation or lighting, or cluttered workspaces can result in serious employee injuries.

• Insufficient safety measures. In the absence of proper safety measures, including guardrails, access to personal protective equipment (PPE), safety nets, etc., workers are at increased risk of sustaining devastating injuries.

• Human factors. Certain human factors, including employees who are inadequately trained, long working hours, human errors, physical overexertion, and fatigue can increase the risk for a workplace injury occurring.

• Organizational failings. Organizations that fail to prioritize safety or enforce safety protocols aren’t doing their employees any favors. Companies with a poor safety culture and inadequate supervision put their workers at increased risk of being involved in a work accident.

Workplace accidents are often caused by a combination of unsafe working conditions, human factors, and organizational shortcomings. Regardless of how difficult or inconvenient, it is the duty of the employer to prioritize workplace safety and give their employees the resources they need to conduct their work duties safely.

Most employees who sustain work-related injuries are eligible for workers’ comp benefits and do not require a work injury lawsuit to pursue the compensation they deserve. However, certain cases — especially those involving third-party liability, employer negligence, and other complexities — are best handled by a workplace injury claim.

As experienced work injury lawyers in California, we handle a variety of cases involving injuries sustained in the workplace, including those described below.

Third-Party Liability Cases

Third liability cases involve injuries caused by the negligence of a third party, meaning someone other than the employer or a co-worker. For example, if an employee suffered injuries caused by defective product that was improperly maintained by a third party, they may be able to pursue a range of damages through a third-party claim. Similarly, a construction worker who falls from faulty scaffolding may be able to sue the manufacturer for product liability.

Catastrophic Injury Cases

As the name implies, catastrophic injury cases involve severe and life changing injuries, such as traumatic brain injuries, spinal cord injuries, amputations, and more. These injuries typically never fully heal and often require extensive medical treatment and long-term care, incurring medical expenses and medical bills that go beyond what the workers’ compensation insurance company can provide. In cases where workers suffer catastrophic workplace injuries caused by a third party or employer negligence, we can help them secure a settlement through a personal injury claim.

Toxic Exposure Cases

Toxic exposure cases involve injuries or illnesses that workers sustain as a result of exposure to a hazardous substance or material in their work environments, such as toxic chemicals, mold, and asbestos. Securing compensation through a personal injury lawsuit typically requires proving that the toxic exposure was work related and the direct cause of the employee’s health issues.

Workplace Violence

When an employee sustains serious injuries as a result of workplace violence, they may be able to secure a settlement through a work injury lawsuit against their employer. However, suing an employer in California requires proving that the employer acted in a grossly negligent manner. In this case, employer negligence could look like failing to do a background check before hiring an employee with a history of violence or repeatedly ignoring complaints about a worker’s menacing and unsafe behaviors.

Employer Negligence

Other types of employer negligence allow an injured worker to sue. For example, if an employer fails to provide proper training or fails to comply with safety regulations, employees who suffer injuries as a result can pursue a lawsuit against their employer. Numerous actions and inactions can leave an employer vulnerable to a lawsuit, and an experienced workplace injury lawyer can help you explore whether or not your situation warrants this legal action.

Workers’ compensation provides many key rights and protections to injured workers in California, the most important of which is the right to access immediate medical treatment, as well as continued medical care. Here are a few of the other key rights given to California workers:

• Right to compensation. If a workplace injury prevents an employee from performing their job temporarily, they are entitled to temporary disability benefits through a workers’ compensation claim. If the injury results in permanent impairment, they may be eligible to collect permanent disability benefits.

• Supplemental job displacement benefits. Workers whose injuries prevent them from returning to the same job or performing it at the same capacity may also be eligible to receive a voucher for retraining and skill enhancement.

• Right to return to work. Workers have the right to return to their job if they are able to perform their duties, with or without reasonable accommodations. Employers have a legal obligation to make reasonable accommodations for employees who are partially disabled but can still work.

• Right to fair treatment. It is illegal for an employer to retaliate against a worker for filing a workers’ compensation claim and receiving benefits. Retaliation can take many forms, including termination, demotion, a reduction in pay, or any other harmful action taken because a worker exercised their rights.

• Right to legal representation. Injured employees have the right to hire a lawyer to help navigate their workers’ compensation claim, especially if their claim is delayed, denied, or disputed. Workers’ compensation attorneys can also provide valuable insight about when a situation may warrant a work injury lawsuit.

Injured workers have many key rights under California labor laws, but exercising them sometimes requires legal assistance. If you are struggling to understand your rights after a serious workplace injury, seeking legal advice from a trusted workplace injury attorney can elucidate your situation.

Types of Injuries That Are Covered Under Workers’ Compensation

Workers’ compensation benefits apply to a wide range of injuries and illnesses that arise due to employment, ensuring that injured employees have access to the medical care and financial support they deserve. Almost any type of injury, as long as it is sustained during the course of job-related activities and was not caused by intoxication, is eligible for workers’ compensation benefits. Injuries include traumatic brain injuries, occupational illnesses, repetitive stress injuries, and much, much more.