What is Workers' Compensation?
Workers' compensation, also known as worker's comp, is an insurance program that provides financial compensation to employees who suffer
job-related injuries and illnesses. Most employers are required by state law to carry workers' compensation insurance, although the specific benefits available to employees vary from state to state. Most employees, when they become injured or ill due to job-related causes, can file a worker's comp claim with their employer and receive compensation for the associated injuries, illness, lost income, decreased earning capacity, and pain and suffering they endure.
However, there are some cases in which workers' compensation benefits are insufficient to cover injured workers' costs and losses. Other times, injured workers may be able to obtain much greater compensation through means other than worker's comp. Still other employers, although required by the state to provide worker's comp, choose not to obtain workers' compensation insurance, leaving their employees to bear the costs of work-related injuries themselves. So what are victims in these cases supposed to do after being injured in a workplace accident? Below, Los Angeles workers' compensation and workplace accident attorneys describe different courses of action.
When Employees are Injured Due to the Negligent Actions of Their Employer
There are, unfortunately, many times when employees suffer serious injury or harm as a result of the negligence, recklessness, or carelessness of their employers. In legal terms, negligence is defined as the failure to exercise the care that a reasonable party would use under similar circumstances to prevent injury or harm to another. For instance, if a construction company fails to provide adequate training to a new employee, and that employee injures himself during a construction job, the employee may have grounds for a personal injury lawsuit. Speak with a personal injury lawyer from our Los Angeles firm if you believe your employer's negligence has caused you injury or harm.
When Employees are Injured Due to Defective Products in the Workplace
Any time an employee is injured by a tool, machine, or piece of equipment that is defective, malfunctioned, or inherently hazardous, he or she may be able to file a defective products liability claim against the manufacturer of the product. Products may be dangerous due to their design, their defects, or their lack of adequate safety warnings and labels. If you have been injured by a product at work, you should file a worker's comp claim and then
speak with a products liability attorney at once about obtaining compensation from the product's manufacturer. Moreover, you may wish to file a complaint with the Occupational Health and Safety Administration if there have been unsafe working conditions in your workplace.
When Employees are Injured Due to the Actions of a Third Party
In some cases, employees may be injured on the job as a result of the actions of an outside third party. For example, a commercial truck driver who becomes injured in a car accident when another driver runs a red light may be able to file a personal injury lawsuit against that driver. If you have been injured by a third party, contact our firm about seeking just compensation for your injuries, pain, and suffering.
When Employers are Illegally Uninsured
For those that become injured while working for a company that illegally chooses not to carry workers' compensation insurance, a claim can be filed with the Uninsured Employers Benefits Trust Fund.
Contact Our Los Angeles Workers' Compensation Attorneys
If any of these circumstances sound familiar to you, and you would like to learn more about your rights as an injured worker, contact Pacific Attorney Group today to speak with professional workplace accident, worker's comp, and personal injury attorneys about your case.