Workplace Injury Attorneys in Cameron Park, Auburn & Roseville
In the 1800’s if you were severely injured on the job, you were lucky if you got a week’s pay with your pink slip.
Things have changed. States protect workers from financial ruin and hardship when injured on the job. Each state has a system for the injured worker to recover regardless of who is at fault for the injury or death.
In California employers must have workers’ compensation insurance for employees. These benefits include medical treatment, current and future lost earnings and job retraining.
If you were injured while working, you are automatically entitled to certain monetary and support benefits regardless of who is at fault. The injury may be from a single, specific incident or accident or from a continuing course of events, such as work that entails repetitive or prolonged lifting, bending, typing, sitting or standing. The injury need not necessarily occur on the employer’s premises, but must occur within the time and space limitations of the employment and must be somehow caused or aggravated by the employment relationship.
An “injury” includes accidents, diseases, contagious or occupational resulting from continuous exposure to substances, emotional disorders, such as peptic ulcers or nervous breakdowns, or a series of traumatic events that result in a cumulative injury.
When injury arises out of and in the course of employment, the injured worker must notify the employer as soon as possible following the injury producing event or the realization an injury has occurred. Once the employer has notice, the injured worker need not do anything further to initiate the right to medical treatment and/or compensation in lieu of wages.
In the usual case, an attorney handles workers’ compensation claims on a contingency fee basis. There is no attorney fee unless there is a monetary recovery and the fee is dependent on the recovery amount. Further, the attorney’s fee is payable or deducted from the recovery and is set by the workers’ compensation judge or board.
If your injury stops you from returning to work at your customary position of employment, the workers’ compensation system provides vocational retraining or affords a new or modified occupation to accommodate for any permanent physical or emotional disabilities you may be left with as a result of your injury. The attorney, employer and insurance carrier will work with you to select a vocational rehabilitation counselor, at the employer’s expense.
As soon as practicable following the injury take note and record the date, time and place of the injury. List all witnesses or others with corroborating information. Get their addresses, telephone numbers and other information. This enables you and your attorney to locate them in the event of litigation. Put your employer on notice of the claim. If your injury was caused by a defective machine, instrumentality or condition on the employer’s premises, try to obtain information regarding the manufacturer, model or other identifying information. If possible, photograph the injury causing item or location. The more information you are able to share with your legal representative, the better your claim. The sooner after the incident you document the injury and its cause, the more accurate your claim.
If you or someone you know have experienced an injury while working, contact the experienced lawyers at Cunningham Law Group, A.P.C. today for a consultation. Locations we serve include: Auburn, Roseville, Cameron Park, Rancho Cordova, Citrus Heights, Placerville, El Dorado Hills, Elk Grove and Folsom.