What is workers’ compensation?
Under California law, all companies who has one or more employees must have workers’ compensation insurance for their employees. If you have been injured as an employee, you may be entitled to compensation for your damages. However, workers’ compensation can be more complicated as receiving workers’ compensation benefits may also mean forfeiting your rights to sue your business.
Additionally, there may be some exceptions as workers’ compensation insurance may not be fully applicable if the employee shows signs of alcohol or drugs in their system when the accident occurred. Furthermore, the employer may try to dispute or deny that the employee was not working at the time of the injury.
Whatever your situation may be, at Alipour Law Group, we highly recommend that you consult with our experienced team of workers compensation attorneys in Irvine and the surrounding Orange County cities to get you the compensation you deserve.
What are some common causes of workers compensation accidents in Irvine, California?
Some of the common causes of workers compensation injuries can include but not limited to:
- Falling Objects: poorly secured objects can fall from high places, leading to fatal injuries.
- Falls: one of the most common accidents are falls. Specifically, buildings can range from single-story buildings to skyscrapers. As a result, falls from high places such as from ladders, roofs, or machines can be extremely dangerous.
- Machinery: workers often use and work with dangerous equipment and machines that can easily cut off or crush limbs. Additionally, workers can get trapped between equipment which can be fatal. There is heavy equipment such as cranes and forklifts which are also a hazard.
- Collapses: Poor building structures can unfortunately lead to building collapses. Additionally, machines and equipment can collapse after extended use which can lead to sever injury of workers nearby.
- Electrocutions: Workers are not only exposed to building material and machines, but also electric wires to complete the building. As a result, exposed electric wires can lead to electrocutions without the proper care and storage of wires.
- Burns: Whether it is from fire or chemicals, burns can potentially cause a lot of damage.
- Tools: Many power tools such as saws, drills, nail guns, and welding machines can be dangerous if not used properly. Even if the equipment is properly handled, equipment malfunction can lead to fatal injuries.
- Training: Whether it is for equipment, gear, or procedures, it is the company’s responsibility to give proper training for workers to ensure their safety. Additionally, there should be clear protocols that the workers can refer to and follow. All these protocols should abide by the safety and health administration regulations.
While these are only some of the common causes for injuries, there are many other cases that can qualify under workers’ compensation injuries.
What damages are covered under workers’ compensation injuries in Irvine, California?
Unfortunately, construction accidents can be life-threatening. Common damages that you may have suffered from includes, but are not limited to
- Medical bills: Medical treatment can be expensive and often are not one-time treatments. As a result, compensation can include both past and future medical treatment. Medical treatments also can mean rehabilitation, equipment, and medication. Some of the common injuries include:
- Broken bones: falling objects and falls can take several weeks to even months to recover. In severe cases, victims can suffer permanent disabilities and disfigurement from amputations and burns.
- Spinal cord injuries: spinal cord injuries lead to many workers to lose the ability to control certain parts of their body. Specifically, a spinal cord damage below the waist can lead to the inability to move body parts below the waist. If victims are fortunate enough with the treatment, they may be able to go through rehabilitation but for many victims, they may never be able to walk again.
- Brain trauma: Workers can experience falls or objects falling on their head with extreme force. Even with proper protective gear on, collisions and injuries at extreme heights can be fatal. While minor injuries can include small fractures, it can lead to serious injuries such as facial disfigurement, physical or cognitive impairment, and death.
- Internal bleeding: While many injuries can be easily identifiable, some are not that obvious. falls can lead to internal organs or blood vessels to rupture. If not treated immediately, it can lead to organ failure.
- Expenses: If there were costs that were out of pocket, it can be included for compensation
- While it can be unfortunate, some pedestrians will not survive their injuries. As a result, expenses for burials and funerals can be filed.
- Emotional and psychological distress: There can be emotional and psychological pain/suffering due to the injury. Compensation can include these damages for the pain and suffering that was experienced from the injury and post-injury. Furthermore, some injuries can have lasting impacts, such as a permanent scar or losing the ability to walk, which can be hard to recover emotionally.
- Loss of wages or earnings: injuries can prevent an individual from working, thus losing their main sources of income or wage. Workers are able to qualify for temporary total disability benefits where they can get up to 2/3 of their gross income.
- Loss of Consortium: This can include one’s ability to have children or depravation of relations due to injury
Evidence that can be collected and used to support your workers’ compensation case in Irvine, California
There are several pieces of information that can be helpful to the case. For instance, it is important for the injured party to call the police for an accident report. This allows a physical and official record of the accident that proves the incident took place. Additionally, this can confirm that the injuries were from the recorded accident.
Furthermore, it is helpful to take pictures of your injuries, the scene of the accident, as well as any other damages that are relevant. Within those pictures, include a copy of the at-fault owner, company, or manufacturer’s contact information. Contact information can be vital to reach out to eyewitnesses as they can confirm any claims you made about the accident and injuries.
Additionally, even if there were only minor injuries, it is important to visit a doctor to have a medical evaluation. The doctor can determine any injuries that are present and caused by the accident and can record what treatments are required.
What should I do if I have suffered from workers’ compensation injury in Irvine, California?
If you are in need of medical assistance, seek immediate medical attention. If you are able to collect any evidence at the scene of the injury, take as many photos/videos and physical evidence as detailed above.
Be sure to report the incident to the police or public agency in charge so that they can file an incident report. Make sure to inform your employer and ask to receive a Workers’ compensation Claim Form, also known as the DWC1. You can also request security footage that captured the incident and the surrounding areas.
We highly recommend that you contact Alipour Law Group for expert legal assistance at https://asl.law/ before signing documents or making any statements. Our workers’ compensation lawyers in Irvine and the surrounding Orange County cities are determined to help you get the compensation you deserve.
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