California is a business hub for different industries, including agriculture, film, services, and manufacturing. That makes the state with the highest level of work injury cases nationwide. The U.S. Bureau of Labor Statistics (BLS) noted that almost half a million of the resident workers suffer injuries on the job every year. If you’re an injured worker in California, better hire a competent California work injury attorneys to represent you.
California Work Injury Statistics
Each year, countless workers and independent contractors suffer work-related injuries on the job. Based on the BLS data, about 75% of injured California employees work in the private sector. The professions with the largest number of work-related injuries are:
- Natural resources and mining
- Agriculture, forestry, fishing, and hunting
- Transportation and utilities
- Building equipment contractors
- Specialty trades
- Food and beverage retail (including grocery)
- Wholesale trade
- Retail trade
- Professional and business services
- Waste management and remediation
- Health care
- Leisure, entertainment, and hospitality
Vehicular accidents are the most common reason for the occurrence of work-related injuries. Other causes include lifting, repetitive stress, falls, and collisions with moving and fixed objects. Forklift accidents, tools and equipment accidents, ladder and scaffolding accidents, and electrocutions.
What Types of Work Injury Claims Can You Get?
In California, workers have three basic options in terms of recovering their losses and damages after a work-related injury. These are workers’ compensation, disability benefits, and personal injury damages.
Workers’ Compensation Benefits
California law mandates every employer to carry workers’ compensation insurance for their employees. It provides “no-fault” benefits for work-related injuries and illnesses.
This type of benefit is a part of the State Disability Insurance program. It gives eligible California workers partial wage replacement benefits. These are those workers who can no longer work because of non-work-related illness, injury, or pregnancy. The said benefits are generally a short-term payment only.
These are payments for the injured worker’s incapacity to work because of his injury. It’s a substitute. It’s a replacement for lost salaries, substituting what the employee would have earned if he wasn’t injured. It’s only paid once the insurance company stipulates that the injury is work-related.
The rate would be two-thirds of his average weekly wage. It is only limited to 104 weeks between five years of the injury’s date. When the insurance company denies the claim, the victim will have no benefits. Work with a knowledgeable California work injury to deal with the insurance adjusters to ensure that you’ll get the compensation you deserve.
These benefits are usually determined according to the permanent loss of capability. It’s paid weekly for a certain period based on the injured victim’s level of impairment. The maximum amount is $290 per week.
Personal Injury Damages (Third-Party Claim)
On top of the workers’ compensation, you can also file for personal injury damages. This applies to third parties who contributed to your injuries. It could be the cargo company, the trucking company, or the manufacturer of the defective product you used.
Assuming on your occupation, employer, employment status and history, you can have other claims. Talk to a professional California work injury attorney straight away to know what are your other options.
Job Displacement Benefits
This is a supplemental benefit given to the injured worker who can’t return to work after being stabilized. It means that you can no longer do the same tasks you do before the accident. Therefore, you’ll receive a voucher for $6,000 for retraining and finding new work that you can do.
Moreover, you can get additional dole in the form of retribution that the insurance company should pay. These are payments paid late according to Labor Code sections 4650 and 5814. This punitive action can reach 25% of the amount it’s late in payment.
Filing a Claim and Statute of Limitations
To receive compensation, you need to file a claim which could be a daunting process. It requires time, perseverance, and a clear view of applicable California laws. Hiring an expert California work injury attorneys will make you confident that your case will be taken care of.
The filing of claims for workers’ compensation is a year from the date of injury. However, you need to notify your employer of your injury within a month, but the sooner the better. If it’s a personal injury claim you’re filing for, California’s statute of limitations is two years.
Talk to the Best California Work Injury Attorneys at Oktanyan Der-Grigorian Law Group
Life is hard and what makes it harder are the rising prices of the basic commodities not to mention the pandemic. We need to work to have a decent living, but accidents and injuries occur. These prevent us from working and earning money. Workers’ compensation is a big help but it cannot cover all the expenses from medical bills and other overheads.
That’s why our compassionate but aggressive work injury attorneys work hard to protect your rights and ensure you get well-deserved compensation. The Oktanyan Der-Grigorian Law Group works on a contingency fee basis. Reach out to us at (818) 975-3080 or email us for any questions you may have. Call now and let’s discuss your case.