Workers in California have a right to a safe and healthy work environment under the California Occupational Safety and Health Act (OSHA). OSHA has established rules and regulations that employers must adhere to in order to keep employees from being injured or developing work-related illnesses. When employers fail to meet those standards, whether on purpose or accidentally, employees have a right to hold their employer accountable.
After sustaining a workplace injury or illness due to a workplace violation, workers should contact a California workers’ comp attorney. The best way to know and understand all your legal options after work-related illness or injury is to work with a trusted and experienced workers’ comp lawyer.
Immediately after suffering an injury or noticing symptoms of an illness, employees need to notify their employer and seek medical treatment. Whether you pursue a workers’ comp claim or other legal measures, they require written notice that you informed your employee about your injury or developing symptoms. An injured employee must also seek medical attention as soon as possible or immediately if the injury is severe. Once an employee has received medical attention, they must explain to their doctor exactly how the injury occurred and let them know it’s a workplace injury. It’s important that the employee provide as much detail and information as possible about the pain and symptoms they may be experiencing. After notifying the employer and getting medical attention, the next step is to contact a workers’ comp lawyer.
When an employee is harmed due to a workplace safety violation, the employee has the option to file a workers’ comp benefits claim or pursue a personal injury lawsuit. Which option works best or is the best venue for recovering compensation depends on the circumstances of the event which caused the injury. A workers’ comp attorney can outline the best strategy for an employee’s specific needs so that they receive maximum compensation and are able to hold their employer accountable for breaking safety violations, regardless of whether it was intentional or not.
In California, workers’ comp operates under a no-fault system intended to protect workers and employers. The no-fault system protects workers because they don’t face a burden of proof, meaning they don’t need to prove that their injury was the employer’s fault. Employers are protected from facing liability for the worker’s injury.
Workers’ comp can be a great avenue of recovering compensation. However, workers’ comp benefits may not cover all injury-related losses, and it doesn’t hold an employer liable. A workers’ comp claim may be the right route for you to recover compensation, but to be sure, consult a workers’ comp lawyer first.
Pursuing compensation through a workers’ comp claim may not be the best route after an injury caused by a direct violation of workplace safety standards. Workers’ comp may only provide partial coverage for the work-related injury, but pursuing a personal injury claim could possibly provide full compensation for all injury-related losses. Furthermore, filing a personal injury lawsuit can be against an employer, contractor, subcontractor, property owner, or another third party who could be liable for the losses you’ve sustained.
An experienced attorney can help injured employees determine what type of claim or who to file it against to recover maximum compensation for their injury and other subsequent losses.
At KCNS Law Group, we are dedicated to helping injured workers recover the maximum compensation available to them by pursuing a workers’ comp claim or personal injury lawsuit. We know that insurance companies work towards limiting their payout even if it negatively impacts workers and aim to help our clients fight against insurance bad tactics so they recover full and just compensation. Schedule a consultation and start understanding your legal options as a California worker today. You can call (818) 937-9255 or fill out our contact form.