Posted By Sirmabekian
Accidents and unsafe work environments can result in workplace injuries. If you have been injured at work, you may be frightened and confused about what steps to take next. You can take different types of legal action depending on the situation leading up to your injury, how you were injured, as well as how serious your injury is. To make sure you are appropriately compensated, read on to find out the legal actions that you can take.
File for Workers’ Compensation
After you are injured, you should notify your manager or supervisor as soon as possible, even if you think that the injury appears minor. Keep copies of all written documentation and medical reports of your injury and how it happened. Under California law, employees have a maximum of 30 days to give employers a written notice of detailing their injury and how it happened. After being notified of your injury, your employer should give you a workers’ compensation claim form, or you can download it from the relevant authorities online. The workers’ compensation system is meant to cover any medical bills and loss in wages.
Depending on how severe your injury is, you can claim different levels of compensation:
- Temporary partial disability
- Total temporary disability
- Permanent disability
Temporary partial disability is experienced by employees whose ability to work is limited by their injury. As the term suggests, this condition is usually not long-lasting, and the compensation benefits are supposed to make up for any loss in salary as compared to the salary you received before your injury. Workers who have total temporary disability are given higher compensation for a set period as their injury causes them to be completely unable to work during this time. The most severe form of injury can result in permanent disability, and compensation is extended because employees are permanently affected and unable to work properly.
Lawsuit for Third-Party Personal Injury
If another person is involved in how your injury, you may be able to file a third-party personal injury lawsuit. This usually applies to situations where the employee is carrying out work duties such as driving to deliver items, or is injured in the company. If you find yourself in this situation, you will have to file for workers’ compensation first and then file for a third-party injury lawsuit separately.
Suing the Company
It is mandatory for companies to have workers’ compensation insurance policies, and if your company does not follow the proper procedures to compensate you fairly, you can sue the company for your injury. This kind of injury claim is not common, and it is advisable to hire a reliable and experienced attorney to look through your case to decide if this is the most effective solution to getting appropriate compensation.
Sirmabekian Law Firm Specializes in Labor and Employment Law
If you are experiencing any issues at your workplace and require legal advice, our professional attorneys at Sirmabekian Law Firm are here to assist you. We specialize in labor and employment law, and are well-versed in how to challenge companies who violate your labor rights. We are passionate about giving workers a voice, and we promise to deliver favorable results to the best of our ability.