Costa Mesa Workplace Injury Lawyer

Costa Mesa Workplace Injury Attorney

If you have been injured on the job in Costa Mesa, you are not alone. A Costa Mesa workplace injury lawyer understands that a physical injury is often accompanied by emotional and financial distress. California workplace injury laws protect you whether your injury happened suddenly or developed over time. Our lawyers can assist you in filing your workplace injury claim to secure medical coverage and disability benefits and obtain the justice you deserve.

About Canlas Law Group

Canlas Law Group, APLC, represents injured workers all over Orange County, including Costa Mesa, and we do it with compassion and results. We often represent clients in claim disputes at the Santa Ana District Office of the Workers’ Compensation Appeals Board (WCAB) and Orange County Superior Courts.

Our approach to advocacy centers around you by carefully listening to your needs and scheduling personal meetings to ensure your voice is heard. If your employer or insurance company downplays your injury, we step in and demand fair treatment under California’s workers’ compensation laws to obtain for you the full amount of compensation to which you are entitled.

California Workplace Injury Laws

In California, employees who are injured while on the job are entitled to certain legal protections. Under the state’s Labor Codes, workers who sustain injuries that are caused by, or arise out of, their employment are entitled to receive medical care, wage replacement, and disability benefits.

The Division of Workers’ Compensation (DWC) is responsible for managing claims, as well as ensuring that the laws regarding workplace injuries are being followed. In cases where employers or insurance companies may dispute a worker’s claim, the DWC is also tasked with resolving these disputes. This can include repetitive trauma injuries or cumulative injuries, as well as acute injuries from accidents.

In addition to statutory protections, workers can also make use of the Workers’ Compensation Appeals Board (WCAB) if they have a claim that is being disputed. California law also has strict time limits for reporting injuries and filing claims, so it is important to take action in a timely manner. A qualified Costa Mesa workplace injury attorney can help you understand and make use of these laws.

Common Workplace Injuries

In 2023, 363,900 nonfatal workplace illnesses and injuries were reported by private sector employers in California, resulting in a recordable incident rate of 3.0 per 100 full-time employees. At a rate of 2.0 per 100 workers, 236,700 of those cases involved work restriction, job transfer, or days away from work.

Workplace injuries can occur suddenly or develop gradually over time. It is important for employees to know the types of injuries that are common in the workplace. This can help them to identify when to seek medical and legal assistance. Some of the most common workplace injuries include:

• Repetitive trauma injuries: These injuries are caused by repetitive motions over an extended period of time, typically months or years. Office workers, warehouse employees, and assembly line workers are at a higher risk of these types of injuries.
• Slips, trips, and falls: These types of accidents are one of the most common causes of workplace injuries, particularly in construction sites, warehouses, and restaurants. Sprains, fractures, or head trauma are some of the most common injuries.
• Lifting and overexertion: Improper lifting techniques or overexertion can cause back injuries, herniated discs, shoulder tears, or muscle strains.
• Being struck: On-the-job accidents involving falling objects, machinery, or vehicles can cause fractures, concussions, or crushing injuries to workers.
• Burns: Workers who are exposed to hazardous materials in factories, labs, or construction sites may experience skin disorders, chemical burns, or respiratory issues.

Steps to Take After an Injury in the Workplace

The top job industries in Costa Mesa in 2023 were retail trade with 7,181 employees, professional, scientific, and technical services with 7,052 employees, and health care and social assistance with 6,569 employees.

In 2023, it was reported that there were 363,900 workplace injuries and illnesses throughout California’s private industries. Of these cases, 236,700 required the worker to take time off work to recover or to have a job transfer or restriction to make their work easier for them to complete. Knowing what to do after a workplace injury is vital to protecting your health and legal rights. Be sure to:

1. Seek medical treatment right away. Be sure to inform the doctor about what happened during your injury so they can note in your chart that it was related to work. Request copies of all medical documents. You can start taking time off work immediately for your recovery process. However, your partial wages won’t begin until two weeks after your first time off from work to recover.
2. Collect evidence related to your injury. This includes keeping organized copies of your medical records, copies of any incident reports, transcripts of 911 calls, photos and videos of visible injuries, photos and videos of the incident site, and surveillance footage of the incident.
3. Inform your employer of the incident. You’ll have 30 days from the date of the incident to do so, both verbally and in writing. Your employer will then provide you with medical treatment.
4. Continue taking time off work to recover. If you have previously informed your employer of your personal medical provider in writing, you can continue to see your own doctor for your treatment. If your employer hasn’t provided a doctor within 30 days of you informing them of your injury, you can see your own doctor.

Benefits You’re Entitled to as a California Employee

In California, injured employees don’t need to prove who was at fault for their workplace injury. This allows them to easily receive workers’ compensation benefits, including:

1. Partial wages. Representing two-thirds of your average weekly wage, these are paid biweekly until you’re able to return to work.
2. Medical treatment. This can include hospital and doctor visits, travel costs related to medical treatment, medical supplies and devices, medications, and home health care.

However, because injured employees don’t need to prove fault for the incident, they generally can’t pursue a legal case against their employer for the workplace injury.

Hire a Workplace Injury Lawyer

Filing a workplace injury claim can be a challenging process, especially if you have to deal with insurance companies, medical assessments, and California’s stringent reporting and filing requirements. When you hire a workplace injury lawyer, they can ensure that your claim is handled correctly and that your rights are protected so that you can get the most compensation possible.

A lawyer can help you gather medical evidence, document your injuries, and connect them to your job, and also deal with any disputes or delays with your employer or insurer. An experienced attorney serves as a vital resource whether you suffered a sudden injury or repetitive trauma to streamline processes, protect claim validity, and boost possibilities for medical coverage, along with temporary or permanent disability benefits and equitable monetary recoupment.

FAQs About Costa Mesa, CA Workplace Injury Law

Can I File a Claim Against My Employer for a Workplace Injury in California?

Typically, you cannot file a claim against your employer for a workplace injury in California.  In California, the majority of workplace injuries are resolved through the workers’ compensation system. This system is designed to provide medical treatment and wage replacement to injured workers, regardless of fault. However, there may be exceptions if there is evidence of intentional harm or gross negligence.

What Is the Hardest Injury to Prove?

Injuries or conditions without visible evidence that are caused by repetitive trauma are typically the most difficult to prove. This can include conditions such as chronic back pain, carpal tunnel syndrome, or tendonitis. These types of injuries may not be caused by a single event but may develop over time, which makes it easier for employers and insurance companies to argue that the injury was not related to your work.

How Much Can You Claim for a Workplace Injury?

The potential recovery amount will depend on how severe your injury is, as well as your lost income, medical bills, and future ability to work. Workers’ compensation in California typically covers all medical expenses and disability benefits, but civil claims for intentional or malicious harm can seek to recover for pain and suffering and other damages.

How Much Does a Personal Injury Lawyer Cost in California?

Most personal injury or workplace injury lawyers work on a contingency-fee basis. This means that you pay no upfront costs. The lawyer receives a percentage of your settlement or award, but only if your claim is successful. This means that injured workers can get experienced legal help without financial hardship.

Can I Lose My Job Because of a Workplace Injury?

In California, employees can’t lose their jobs because of a workplace injury or for filing a workers’ compensation claim. You also cannot be threatened with being fired, demoted, or treated adversely because of your injury or pursuing a claim. These actions are called retaliation and are a crime in California. If this happens to you, your workers’ compensation benefits may be increased, up to $10,000.

Can I File a Legal Case Against a Third Party for My Workplace Injury?

If a third party caused your workplace injury, you may be able to file a claim against them. For example, if a faulty machine caused your injury, you can pursue a personal injury case against the product’s manufacturer. You can file your case at the Costa Mesa Justice Complex, located at 3390 Harbor Boulevard. You’ll have two years from the date of the incident to do so. Hire a workplace injury lawyer to help you navigate this process.

How Do California Courts Determine Fault in a Personal Injury Case?

In personal injury cases, courts in California determine fault by assigning everyone involved a percentage of fault. They do this to help make sure that the wrongdoer only has to pay for what they are personally responsible. For example, if you initially ignored safety rules, you may be assigned 30% at fault. Any compensation awarded to you will then be reduced by that percentage. The responsible party, or multiple parties, will then pay you the final amount of compensation.

What Do I Do if My Workers’ Compensation Claim Is Denied?

You can file a request to appeal if your workers’ compensation claim is denied. Often, if an employer believes the injury wasn’t related to the job, they may deny the claim. If you file a request to appeal, your case will be assigned to a judge. You’ll then meet with the insurance company to discuss payment during a settlement meeting. If you can’t come to an agreement, the case will be decided by the hearing judge.

Contact Canlas Law Group, APLC

If you suffered an injury at work, you should be able to focus on your recovery in peace. Canlas Law Group, APLC, can help you in the legal process to receive the compensation you deserve. Contact us today for a free consultation.