At Arrowhead Accident Attorneys, we know how to deal with each insurance company and the misleading tactics they use against injured victims. If you suffered a personal injury on the job, don’t hesitate to consult with a San Bernardino workers’ compensation lawyer. We help you gather the necessary evidence for your case, file paperwork by the required deadlines, and resolve your case in a smooth and timely manner.
How Long Do I Have to File a Workers’ Comp Claim?
It’s vital to report your work-related injury to your employer as soon as possible to help avoid delays or issues in receiving workers’ comp pay. A worker in California must report the injury sustained on the job within 30 days. If you don’t discover your illness or injury within 30 days, the statute of limitations to file your workers’ comp claim is 1 year from the work-related injury or illness. A San Bernardino workers’ compensation attorney can help you determine when your statute of limitations runs out.
Most Common Inland Empire Workplace Accidents
Car Accidents
Car accidents are a common cause of workplace injuries in California. In 2019, there were 187,211 injury crashes in California. In San Bernardino, there were 1,604 total victims killed and injured in auto accidents. The impact of a car accident can be life-altering and can cause catastrophic injuries for the victims involved.
Slips, Trips, and Falls
Slips, trips, and falls are some of the most common causes of work-related accidents in the U.S. According to the Centers for Disease Control and Prevention (CDC), 18% of the 1,176,340 nonfatal work-related injuries resulted in time away from work in 2020.
Hit by Objects, Machinery, or Equipment
When workers are hit by machinery and equipment they can sustain catastrophic injuries. In 2020, there were 196,140 injuries that were a result of contact with objects and equipment.
Overexertion
Overexertion represents 22% of nonfatal work injuries that resulted in time away from work and is classified as a non-impact injury. Overexertion is usually the result of excessive physical effort and can include activities like heavy lifting, throwing, pushing, and pulling.
Hazardous Chemicals
Handling or being exposed to harmful substances and chemicals is especially dangerous. Workers can suffer serious injuries or illnesses when they are exposed to hazardous chemicals. Toxic substances can cause irritation and injury to one’s eyes, skin, and respiratory system. It’s crucial to have the proper personal protective equipment (PPE) to help protect workers.
Workplace Violence
Violent altercations in the workplace can lead to serious injuries and death. In 2019, there were 761 cases of intentional injury by another person that resulted in death.
What Does Workers’ Compensation Cover?
Workers’ comp benefits employees are entitled to recover if injured on the job. This can include compensation for losses like:
- Medical expenses
- Lost wages
- Wrongful death benefits
- Ongoing medical treatment
- Temporary disability benefits
- Permanent disability benefits
- Vocational rehabilitation benefits
What is a Third-Party Claim in a Workers’ Comp Case?
A third-party claim is separate from a workers’ compensation claim and involves the negligence or recklessness of a third-party. Therefore the accident victim sustained a personal injury in an accident caused by a third-party. Usually, a worker cannot file this kind of claim against his or her employer. A third-party claim can be filed simultaneously with a workers’ compensation claim, so you can pursue the maximum compensation to aid in your recovery. Some examples of third-party negligence include:
- A worker sustains a personal injury in a car accident that is caused by another motorist.
- A worker slips, trips, or falls on property that is owned by someone other than his or her employer.
- A worker sustains a personal injury after using defective machinery, equipment, or furniture.
Frequently Asked Questions
How Long Can I Stay on Workers’ Comp in San Bernardino?
Workers’ compensation benefits are usually provided over a period of 104 weeks or 2 years. If you do not require the benefits to be paid out during 104 weeks consecutively, you may be able to parcel out the payments over a 5-year period.
What Injuries Are Not Covered by Workers’ Compensation?
- Injuries caused by an act of God such as an unforeseeable natural disaster.
- A worker acting recklessly or causing intentional harm to oneself.
- Horseplay, fistfighting, and engaging in a violent altercation with another person.
- Sustaining a workplace injury while breaking the law.
- Being under the influence of alcohol and getting injured on the job.
- Pre-existing illnesses or injuries discovered before starting the job.
When Can I Sue My Employer for a Workplace Injury?
It may be difficult to sue your employer for a work-related injury, but there are certain scenarios where you may be able to sue. These scenarios include the following:
- If your employer does not provide workers’ compensation insurance, you may be able to sue. Under California law, employers are required to carry workers’ comp insurance.
- If your employer unlawfully denies or delays your workers’ compensation benefits, you may be able to sue in order to recover compensation. If you were injured on the job because of your employer’s negligence or misconduct, you are entitled to just compensation.
- Your employer falsely classifies you as an independent contractor in order to avoid paying workers’ compensation benefits.
- If your employer commits fraud or tries to hide their connection to your work-related injury, you may be able to file a lawsuit against your employer.
Can You Be Fired While on Workers’ Comp?
An employer cannot fire a worker only because the employee filed for workers’ compensation or is receiving workers’ comp benefits. A worker is protected from unjust retaliation by the employer, however, California is an at-will employment state. Therefore, employers can let go of their employees for other reasons including:
Work Performance
Your employer is legally obligated to reasonably accommodate you so you can perform your job. However, if you can’t perform your work duties, come into work late or leave early without permission, make mistakes, or are missing deadlines, your employer can let you go.
Downsizing
If you get laid off along with other employees due to business changes, this may not be considered unjust. However, there is a strong indication that your employer terminated your position due to being on workers’ compensation, it is essential to consult a San Bernardino personal injury lawyer.
Reorganizations
An employer may terminate one or more positions when the company is restructuring or changing the organizational structure within a department.
