Getting injured at work can cause a downward spiral in your income, career, and overall quality of life. Nobody is ever prepared for an injury to occur on the job. When it happens, it is unexpected and a shock to your finances.
This type of scenario can create a lot of stress and pain. Working with a workers’ compensation attorney in Thousand Oaks can help you with each step of the process. A Thousand Oaks personal injury lawyer will have the skills and experience you need to secure the compensation you deserve.
Injuries that Fall Under Workers’ Compensation
California’s workers’ compensation system covers employees who suffer from job-related illnesses or injuries. Some injuries can have long-lasting consequences and even permanent damage. The most common workers’ compensation claims involve the following injuries:
- Repetitive motion injuries like carpal tunnel syndrome or tendonitis from performing the same tasks.
- Traumatic injuries or Los Angeles wrongful death from slip and falls, being struck by objects, machine accidents, crashes, explosions.
- Occupational illnesses caused by long-term exposure to chemicals, toxins, and dangerous equipment.
- Aggravation of pre-existing conditions aggravated by work activities.
- Stress injuries like PTSD from trauma experienced while working.
If you have suffered an injury at work, it is important to report the incident. Report the injury to your supervisor, manager, or employer’s human resources department, and be sure to provide details on what happened, where it occurred, any unsafe conditions, and your injuries. In addition, request to complete an official incident report and request a copy for your records.
For a free legal consultation with a workers’ compensation lawyer serving Thousand Oaks, call (310) 896-2723
What to Do if You are Injured at Work
The moments after an occupational accident can be the most crucial. If you are able, there are important steps to take to protect yourself and your rights. In addition to reporting the accident to the proper authorities, seeking medical care and collecting evidence is critical.
Get Medical Care
Visit a doctor or occupational medicine clinic as soon as possible after the injury, even for minor injuries. Clearly describe to your physician how the injury occurred while you were performing your job responsibilities. Having their documented diagnosis and other notes can help in your favor.
Get Photos of the Area if Possible
Take pictures of the work site where the injury occurred, including any hazardous conditions or safety violations that caused the incident. Also, photograph any visible injuries like cuts, bruises, and burns to provide further evidence. These photos can validate how and where the injury happened.
Gather Witness Information
Speak with coworkers or others who may have witnessed the injury and get their full contact information. Ask them to provide a written statement describing what they saw while it is still fresh in their mind. Eyewitness accounts help prove your injury occurred during work.
Write Down Accident Details
When you can, document all the specifics you recall about the injury, such as:
- Exact location, such as the office, loading dock, where in the warehouse, etc.
- What you were doing at the time of the incident
- Equipment or chemicals involved and also include the protocol you took for safety
- How you were injured
- Weather conditions, if it makes sense for your type of work and injury
- Safety gear you had on at the time
When Your Employer Is Trying to Fight Your Claim
Workers’ compensation benefits are meant to be provided in a “no-fault” system. However, employers and insurers often try to deny legitimate claims. An employer may claim:
- The injury did not happen at work
- Your medical treatment is excessive or unrelated
- Another medical condition caused the injury, not work
- You already had an underlying condition
- You were intoxicated or violating policies
Having an experienced Thousand Oaks workers’ compensation attorney on your side can help investigate your claim and strengthen your case. Having legal representation on your side is important to fight the denial of evidence and prove your injury was the result of a job-related incident.
Thousand Oaks Workers’ Compensation Lawyer Near Me (310) 896-2723
Different Types of Compensation for Your Injury
If your injury causes you to miss work for a while, you can claim temporary disability benefits under California workers’ compensation law. These payments replace a portion of wages lost while recovering. Speaking to an attorney can help you maximize your settlement.
Lost Income Benefits
Lost income benefits can include:
- Temporary Total Disability (TTD): If you are unable to work for a temporary time, you can receive TTD benefits. The amount is two-thirds of your average weekly gross wages based on the last 26 weeks before injury. TTD is paid every two weeks until you can return to work or your condition improves.
- Temporary Partial Disability (TPD): If you can do some work while recovering but cannot earn your full regular pay, TPD benefits make up two-thirds of the difference between your residual earnings and regular weekly income at the time of injury.
If your injury causes permanent impairment, affecting your future earning capacity, you can seek permanent disability benefits. The amount depends on your doctor’s medical evaluation of the level of impairment and your age and occupation.
Your employer or their workers ‘ compensation insurer must pay all reasonable and necessary medical treatment expenses related to your work injury. This includes:
- Doctor visits, specialist consultations, surgeries, hospitalization
- Physical therapy, chiropractic care, acupuncture
- Prescription medications, medical equipment
- Mileage reimbursement for medical appointments
There should be no co-pays or deductibles for this, and treatment must be authorized on time. It is important to know that delays can be appealed.
Vocational Rehabilitation Services
If you cannot return to your previous occupation because of permanent restrictions after your work injury, you may receive vocational rehabilitation benefits, including job retraining, counseling, education expenses, tools, and job placement assistance.
Supplemental Job Displacement Voucher
If your employer does not offer modified work within 60 days after the temporary disability ends and you do not return to work, you are entitled to a Supplemental Job Displacement Voucher covering education-related retraining costs up to $6,000 at an accredited school.
Payments to dependents are required if a work injury or illness results in an employee’s death. Your spouse, children, or other dependents receive temporary and permanent disability benefits for loss of financial support. Up to $10,000 in burial expenses are also paid.
Work with a Trustworthy Workers’ Compensation Lawyer in Thousand Oaks
If you sustained an injury on your job site, you deserve to have a compassionate and dedicated lawyer on your side. Going through the process of getting workers’ compensation can be overwhelming, especially with all the legal jargon.
Whether your employer denies your claim or is trying to lowball an offer, our team knows how to fight back hard. Contact us today for a free consultation. Having a Thousand Oaks workers’ compensation lawyer can make all the difference in the outcome of your case.