California Workers' Compensation Lawyer

Were You Injured in an Accident at Work?

A work injury can change your life in an instant. It may mean months out of a job, or never returning to the same line of work again. These are serious matters that must be dealt with promptly and effectively.

If you have been injured on the job in California, you may be entitled to compensation for your medical treatment, lost wages, and disability. A skilled California workers’ compensation lawyer can pursue a workers' compensation claim on your behalf and help you in the event of a serious injury, a hostile employer, or an uncooperative insurance company.

At Alpha Accident Lawyers, our award-winning personal injury and workers’ compensation attorneys only represent injured workers in California – never the insurance company. Schedule a free consultation and let us help you obtain the maximum compensation of your workplace injury claim.

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Why Hire Alpha Accident Lawyers For Your Workers’ Compensation Claim?

Workers’ compensation is designed to protect both the employee and the employer in the event of a work-related injury. However, filing workers’ compensation claims can be tricky, especially if you have a pre-existing condition or your employer denies or contests your claim. An experienced workers’ compensation attorney in California can help you obtain the benefits you are rightfully owed.

Alpha Accident Lawyers is a premier personal injury law firm in California representing victims of auto accidents, workplace accidents, and other serious injuries. Since our inception, our team has recovered millions of dollars in settlements for injured clients, and we have also helped them obtain additional compensation from third-party claims, including personal injury lawsuits or product liability lawsuits.

If you suffered a permanent disability or other serious injury while on the job, we will ensure your rights are protected. Call Alpha Accident Lawyers at (800) 544-8000 or fill out our online contact form today to schedule a free consultation.

What Does a Workers’ Compensation Attorney Do?

If your employer or their insurance company disputes, delays, or denies your worker’s compensation claim, it is wise to hire workers’ comp attorneys. Workers' compensation attorneys will make sure your rights are protected and you receive the maximum in financial benefits.

Here are more reasons to hire a lawyer for your California workers' compensation case:

• File a claim within the appropriate time frame under workers' compensation law
• Negotiate with powerful insurance companies
• Ensure full and fair workers' compensation benefits
• Take your case to court if the settlement is unsatisfactory

Moreover, hiring a workers' compensation lawyer is no risk because there are no upfront legal fees to pay. California workers' compensation lawyers work on a contingency fee basis, meaning they only get paid if they win a case. If the claim is unsuccessful, you pay nothing.

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How Long Do I Have to File a Workers’ Comp Claim?

When it comes to a workers’ compensation case, the sooner the better. Injured workers must report their injury within 30 days and file a workers’ compensation claim within one year from the date of their injury under California’s statute of limitations. Federal employees have three years to file a claim.

If the injury occurred over a period of time, the statute of limitations would begin the first day you missed work due to the injury or when your doctor informed you that your injury was work-related.

It is crucial to seek medical treatment as soon as possible after the injury. Your employer may assign their own physician or you may be able to choose your own. If you are unsure on how to proceed with a workers’ compensation claim, speak with a workers' compensation attorney. Most workers’ compensation attorneys offer free consultations and no upfront legal fees.

Types of Workers’ Compensation Injury Cases We Handle

According to the U.S. Bureau of Labor Statistics, there were 2.6 million non-fatal workplace injuries and illnesses in 2021.

Exposure to harmful substances, overexertion, and slips, trips and falls are the top three causes of workplace injuries and account for more than 75% of all non-fatal work-related injuries and illnesses, as per the National Safety Council.

At Alpha Accident Lawyers, we represent injured workers in the following types of workers' comp cases:

1. Exposure to harmful substances or environments

Due to the COVID-19 pandemic, a large majority of workplace illness and injury cases in 2020 and 2021 were due to exposure to harmful substances and environments. Healthcare workers, including nurses and doctors, accounted for many of these cases. Exposure to electricity, radiation, noise, extreme temperatures, air and water pressure change also contribute to many workplace injuries and illnesses.

2. Overexertion 

Repetitive stress and overexertion are the second leading cause of work-related accidents and injuries. Lifting, pushing, turning, holding, carrying, or throwing can result in physical injury due to excessive physical effort. Transportation and warehousing account for many of these work-related injuries.

Overexertion often results in repetitive motion injuries, which are injuries that affect the muscles, tendons, nerves, or joints due to repeated movements over time. Types of repetitive motion injuries include carpal tunnel syndrome, tendonitis, and bursitis.

3. Slips, trips, and falls

These are among the most common hazards while on the job, especially for construction workers who may fall from height. They can also happen in an office setting or in a retail store. Slips, trips, and falls can cause various types of injuries, such as fractures, sprains, strains, bruises, cuts, and concussions.

4. Contact with objects and equipment

Workplace accidents involving contact with objects and equipment can result in catastrophic injury or death. A worker may be struck by or against an object, caught in or compressed by equipment, or struck or caught in a collapsing structure or material. Examples of objects and equipment that can cause these injuries are tools, machinery, vehicles, furniture, doors, windows, walls, floors, and materials.

5. Transportation accidents

Truck drivers and other transportation workers may become involved in motor vehicle accidents while on the clock. If the accident was caused by a negligent driver, injured employees may be able to file a third-party personal injury claim along with workers' comp. Transportation accidents can cause various types of injuries depending on the severity and nature of the crash.

6. Violence and other injuries by persons or animals

This happens when a worker is assaulted or attacked by another person or an animal while on the job. Violence and other injuries by persons or animals can involve physical force, weapons, verbal abuse, threats, harassment, or bullying. Law enforcement officers, security guards, healthcare workers, social workers, teachers, and retail workers are at high risk for these types of accidents.

7. Fires and explosions

Explosions and fires in the workplace can cause serious third and fourth degree burns and lung damage. These types of industrial accidents typically occur at manufacturing and chemical plants and can be caused by faulty electrical wiring, gas leaks, improper storage of flammable liquids, and friction from machinery. 

Most Common Workplace Injuries 

We have helped clients recover compensation for the following types of workplace injuries in a workers' compensation claim: 

• Head and neck injuries
• Strains 
• Repetitive stress injuries 
• Brain injuries
• Back injuries
• Occupational disease and illness
• Burns
• Eye injuries
• Mental injuries, including psychological trauma 

What Are Workers’ Compensation Benefits?

If you are hurt in a workplace accident, your employer is responsible for paying your workers’ compensation benefits.

Workers’ compensation in California provides five basic benefits:

• Medical care: Costs of medical treatment, including hospital bills, treatment, medication, rehabilitation, physical therapy, surgery, and travel costs to and from appointments.
• Temporary disability benefits: Payments if you lose income while you are unable to work due to your injury or illness.
• Permanent disability benefits: Workers’ compensation pays disability benefits if you do not recover completely and your injury results in permanent mental or physical damage.
• Supplemental job displacement benefit: If you cannot go back to your usual job, your employer does not offer you any work, or you qualify for permanent disability benefits, you may receive a voucher that can assist you with paying for education or training to improve your skills.
• Death benefits: Payments to the spouse, children, or other dependents if an employee dies from a work-related injury or illness.

What is a Third-Party Claim in a Workers’ Comp Case?

A third-party claim is a personal injury claim that you can file against someone other than your employer or coworker who caused or contributed to your injury. For example, if you were hurt by a defective product, a negligent driver, or an unsafe property while performing your job duties, you may have a third-party claim against the manufacturer, the driver, or the property owner.

A third-party claim is separate from a workers' compensation claim, and enables workers to claim more compensation for their workplace injuries. The types of damages that can be compensated include past and future medical bills, lost wages, property damage, and pain and suffering.

Frequently Asked Questions

How Long Can I Stay on Workers’ Comp?

The duration of your workers' compensation benefits will depend largely on the severity of the injury. In California, most workers’ comp benefits last for 104 weeks (2 years) from the date of the injury. For serious injuries, benefits may last up to 240 weeks (just over four and a half years). If you suffer a permanent disability, you may be eligible to receive disability benefits.

What Injuries Are Not Covered by Workers’ Compensation?

Some of types of injuries or illnesses that are not covered by workers' compensation law are:

• Illness or injury that occurred when the employee was not on the job
• An incident that arose out of an act of God
• Common, one-time illnesses such as influenza or headaches
• Injuries aggravated by a pre-existing condition
• Injuries caused by horseplay or employee misconduct
• Injuries suffered while an employee is intoxicated or using illegal drugs
• Certain psychological conditions, such as stress, anxiety, and depression

Can I Sue My Employer For a Workplace Injury?

In most cases, you cannot sue your employer after a workplace injury. Instead, you can file a workers’ compensation claim with California’s Workers’ Compensation Appeals Board. There are some exceptions, such as when the employer did not carry workers’ compensation insurance or they physically assaulted you.

Can You Be Fired While on Workers’ Comp?

It is against the law for an employer to fire an employee just for filing a workers’ comp claim. However, they may fire you for other reasons that are unrelated to your work injury, such as tardiness or poor performance. If you are unable to do your job after your work injury, your employee may be legally allowed to fire you. While it seems unfair, if you cannot perform your job, the employer will find someone else who can.

What Is Workers' Compensation Fraud?

Making a fraudulent workers' compensation claim is considered a serious crime resulting in jail time and steep fines. Both dishonest employees and employers can commit worker's comp fraud, either intentionally or inadvertently. Examples include exaggerating an injury, filing a claim for an injury that is not work-related, and misclassifying employees as independent contractors.

Call Our California Workers' Compensation Lawyers Today

If you suffered an injury in a workplace accident, you deserve the full spectrum of benefits available to you. If your employer denied or delayed your claim, our experienced workers’ compensation lawyer in California will hold them accountable and get you the maximum settlement for your financial recovery and healing.

We always offer a completely free, no-risk case evaluation. We have offices in Los Angeles and Sacramento, but we represent all of California injured workers. Call us today to schedule your free consultation.

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