Orange County Work Injury Attorney

Most of our weeks are spent working, with some of us spending even more time at work than we spend at home. Your employer is required by law to provide you with a safe place to work, but unfortunately, they sometimes fail in this duty. When you’ve been injured at work, you may be wondering what your options are. The truth is that you have many if you know how to pursue them.

If you or a family member experienced serious injuries in a work-related accident, contact the Law Offices of DiMarco | Araujo | Montevideo. Our Orange County work injury lawyers can investigate the incident, assign fault to negligent parties, and take care of claims filing on your behalf. You may be eligible for workers’ compensation benefits and/or a personal injury settlement or judgment. Our experienced work injury attorneys in Orange County put you first, and aren’t afraid to take your case to trial for full financial recovery. Request a free consultation today.

If you’re looking to file a workers’ compensation claim, speak to one of our Orange County workers’ compensation lawyers.

Orange County Work Injury Resources

• Orange County Work Injury Program
• Your Rights As an Employee
• Third-Party Personal Injury Claims
• Work Injury Claim Deadlines
• Orange County Work Accident Stats

The Work Injury Program in Orange County, CA

California employers are required to participate in the state’s workers’ compensation program. If they elect not to participate in workers’ compensation, they must provide proof of self-insurance in the event that an employee gets injured on the job.

No matter what kind of injury you sustain – burns, broken or strained limbs, crushing injuries, even carpal tunnel – you’re eligible to submit a claim to the state for compensation. To receive workers’ compensation benefits, you need to do three things:

• Report the incident promptly to your employer. Claims made 30 days after the incident may be denied.
• Find quality medical care. Tend to your physical and mental wounds. Your worker’s compensation claim will cover your medical expenses, so try not to worry about the cost. A doctor’s note will help support your claim.
• File a claim. Fill out the “employee” section of the worker’s compensation benefits claim and give it to your employer to file with the program

Your Rights As An Orange County Employee

State laws work to protect employees. As a worker in the state of California, you have the right to:

• File a claim (and an appeal, if necessary) with the worker’s compensation court
• See a doctor and pursue medical treatment for your work-related injury
• Return to work as soon as a doctor signs off on your care
• Receive disability compensation if you’re work-related injury prevents you from doing your job duties, temporarily or permanently
• Enlist the help of an attorney to make the process smoother and more empowering

Employers are required by law to submit your claim promptly and honestly. If they leave out important details in their version of events, you will need the help of an experienced law firm to get you the settlement you deserve. Our firm is proud to be recommended by the Orange County Employees Association.

Who is Liable for Workplace Injuries?

In work injury cases, liability may extend beyond an employer. While workers’ compensation generally covers injuries that occur on the job, certain situations allow for additional claims against third parties. Understanding liability can help injured workers recover full compensation, especially in cases where someone other than the employer bears responsibility for the injury.

Third-Party Personal Injury Claims

Generally speaking, workers’ compensation provides for medical expenses and a percentage of lost wages if you must miss work. However, it does not cover compensation for pain, suffering, or punitive damages, which can leave some injury victims without sufficient resources to cover all their losses. Fortunately, if another person’s negligence contributed to the injury, you may be able to file a third-party claim alongside your workers’ compensation benefits.

Many people believe that filing a workers’ compensation claim is the only option for recovering damages after a work injury. While it is true that most workplace injuries are resolved through workers’ compensation, which provides coverage for medical expenses and partial wage replacement, additional legal options may be available in certain cases. These alternatives can open the door to a personal injury lawsuit against other responsible parties, offering the potential for broader compensation beyond workers’ comp. Here are some scenarios where other legal actions may apply:

Personal Injury Lawsuits for Employer Negligence

If an employer knowingly allows a hazardous condition to persist in the workplace and that hazard results in an injury, the injured employee may be able to bring a claim for negligence. To pursue such a claim, the injured worker must show that the employer was aware of the unsafe condition and failed to correct it, directly leading to the injury.

Claims Against Third-Party Liable for an Injury

In cases where a third party outside of the employer-employee relationship is responsible for a work injury, an employee may have the option to file a separate claim against that party. For example, if a delivery driver is injured by another motorist’s careless driving while on the job, the worker may be able to file a workers’ compensation claim and pursue a personal injury lawsuit against the driver who caused the accident.

Product Liability Claims for Defective Equipment

Workplace injuries caused by defective products or equipment can sometimes lead to product liability claims against manufacturers. In these cases, the employee does not need to prove that the manufacturer was negligent but only that the product was flawed and directly caused the injury.

Retaliation Claims for Workers’ Compensation Filings

Kentucky law prohibits employers from retaliating against employees who file for workers’ compensation. Retaliation can include termination, demotion, or any adverse action linked to filing a claim. If an employee experiences retaliation for seeking workers’ comp benefits, they may file a separate retaliation lawsuit to protect their rights and seek further damages.

Each of these options requires different evidence and legal strategies, making it essential to consult with an experienced attorney who can determine which legal avenues are most appropriate based on the circumstances of your case.

Deadlines for Filing Work Injury Claims

California law enforces specific deadlines for filing work injury claims. Adhering to these timelines is essential, as missing a deadline can jeopardize your right to compensation.

Workers’ Compensation Deadlines

For workers’ compensation claims, you generally must report your injury to your employer within 30 days. Delaying the report may complicate the claim process, and your employer’s insurance carrier may even deny benefits. Once reported, your employer should provide the necessary forms to file a claim with the insurance carrier.

Personal Injury and Third-Party Claims

Third-party claims follow different deadlines than workers’ compensation. In California, the statute of limitations for personal injury claims, including third-party workplace injury claims, is typically two years from the date of the injury. Failure to file within this timeframe may prevent you from recovering compensation, so seeking legal guidance early is essential to meet all required deadlines.

If you have any questions regarding the filing process, an attorney can clarify which deadlines apply to your case, ensuring that you do not miss any critical opportunities for compensation.

Work Accident Stats in Orange County [2020-2021]

The more you know about your workplace accident, the stronger your workers’ compensation or personal injury case. Knowing the latest facts and figures on worker injuries in Orange County, California, and the U.S. as a whole can help you figure out where you stand as a victim, or as the loved one of a fatal accident victim.

Put your case in perspective by comparing it to other similar workplace injuries in Orange County. If you want to know more about workplace accidents or your specific case, call us at (714) 783-2205. Here are some of the most recent statistics:

• In 2020, 4,764 workers died in the United States. This was the first decline in work injuries in years.
• In the state of California, 448,300 nonfatal occupational injuries and illnesses occurred in 2020. An additional 463 California workers died on the job.
• Transportation accidents are the most common cause of worker injuries and deaths, accounting for 26% of fatalities in California in 2020 (122 deaths).
• Slip and falls were the second most common cause of death in 2020, with 99 fatalities in California. This type of accident is an extremely common causes of work injury, increasing year over year since. Carpenters, roofers, commercial truck drivers, and tree trimmers fall most often.
• The construction industry had the most fatalities in 2020. Overall, 1,008 construction workers died throughout the U.S. in 2020. The leading causes of construction fatal injuries are highway collisions, falls, struck-by object, electrocution, and getting caught in/between equipment.
• The number one safety standard violation the Occupational Safety and Health Administration (OSHA) cited in 2020 was lack of fall protection in construction. The second most common was the failure to fulfill hazard communication standards.
• In 2021, workers’ compensation insurance throughout the U.S. paid out $42,680,678 in premiums. The company that wrote the most direct premiums was Travelers Companies Inc., with $3,547,060.

Travelers Insurance analyzed 1.5 million claims between 2015 and 2019 and found that:

• The most common causes of workplace accidents and injuries were overexertion, slips, trips, and falls, being struck by an object, and motor vehicle accidents.
• The most common work injuries were strains and sprains (38%), fractures (13%), contusions (8%), inflammation (7%), dislocations (7%), and cuts or puncture wounds (5%).
• The most expensive injuries were dislocations, head trauma, and fractures.
• 35% of workplace injuries occur in an employee’s first year on the job.

You, however, are not just a statistic when you come to our firm for Orange County work injury representation. We see the person behind the injury claim. Our work injury lawyers provide personalized, one-on-one legal services and client care based on your specific needs and case goals. We use our in-depth knowledge of workplace injuries and related law subjects to get the most out of your claim. Contact us today for a free consultation in Orange County, California.

Choose an Orange County Law Firm with a History of Success

At the Law Offices of DiMarco | Araujo | Montevideo, we know how important your work is to your overall well-being. Our Orange County personal injury lawyers have been practicing work injury law for over three decades and have a reputation for excellence in serving our clients. Let us go to work for you pursuing worker’s compensation and third-party personal injury claims.

Contact our office today at (714) 783-2205 for a risk-free, initial consultation.

With offices also in Riverside and San Bernardino, one of our attorneys can meet with you anywhere in Southern California to review the facts of your case, so we can provide you with advice for the next steps, free of charge.

“Having been a client of DiMarco | Araujo | Montevideo Law Firm has been an overwhelmingly positive experience. Their expertise in litigation created an outcome for me beyond my wildest expectations. Their personal relationship with me as a client made me feel comfortable and they cared about me, not just my case, through what would normally be an uncomfortable experience. I am grateful to know and to have been represented by this firm.” – Lee H.