Garden Grove, CA asked in Employment Law and Workers' Compensation for California

Q: If I was injured during work, is my only choice for compensation Workers comp? Why couldn't I get a private attorney?

My employer ignored my constant requests for help and the restaurant saw the danger in what I was doing. They have a video of my accident. I ended with a spinal cord injury, facial trauma and broken teeth. I have lost use of my hands, still trying to get teeth and plastic surgery. I fell face first from a ladder at 12-15ft on my way to 60ft. Sept 15, 2022. I haven't been fired and haven't quit. My employer has never contacted me since the accident. I am not getting nowhere with WC. I can't eat and I am diabetic, I stopped going to social events because of my appearance and no teeth. I've worked as a Horticulture specialist/consultant for over 25 yrs. I loved my work. The quality and enjoyment of my life is gone.

6 Lawyer Answers
William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: Unless you can find fault with someone other than your employer (landlord, third party, etc.), you are stuck in workers comp. If you don't have a workers comp attorney, get one.

Tim Akpinar agrees with this answer

Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: The exclusive venue to deal with workplace injuries is the workers compensation system. You cannot go outside of that system under your circumstances.

If you have not done so, immediately locate and hire a workers compensation attorney. If you have one speak to him or her about this situation. Do not immediately blame the attorney for delays unless you can identify things the attorney has done to create substantial delay.

Good luck to you.

Tim Akpinar agrees with this answer

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Sacramento, CA
  • Licensed in California

A: If you were injured during work, your only choice for compensation may be through workers' compensation. Workers' compensation is a type of insurance that provides benefits to employees who are injured or become ill as a result of their job. It is designed to provide medical care, wage replacement, and other benefits to workers who are injured on the job, regardless of who was at fault for the injury.

In most cases, employees are not allowed to sue their employers for work-related injuries, as workers' compensation is considered the exclusive remedy for such injuries. However, there may be exceptions in cases where the employer acted intentionally or engaged in egregious behavior that resulted in the injury.

While it may be tempting to seek the assistance of a private attorney in this situation, it may not be possible. In most cases, workers' compensation is the only avenue of compensation for work-related injuries. However, you may want to consult with an attorney who specializes in workers' compensation cases to ensure that you are receiving all of the benefits you are entitled to under the law.

Tim Akpinar agrees with this answer

Edward A. Smith
Edward A. Smith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Sacramento, CA
  • Licensed in California

A: I'm a little bit unclear about what you mean by “employer ignored your constant requests for help".

However As a personal injury lawyer and workers compensation attorney, I would advise that your best recourse for compensation at this point would be to pursue a workers' compensation claim against your employer. Workers' compensation is a system that provides benefits to workers who have been injured or become ill as a result of their work, regardless of fault. A workers compensation attorney who is very experienced should help you get help you need immediately.

Although it may be frustrating that your employer ignored your requests for help and that you feel your employer is at fault for your injuries, the workers' compensation system is designed to provide a streamlined process for injured workers to receive benefits without having to go through a lengthy legal battle to prove fault.

In some cases, it may be possible to file a personal injury lawsuit against your employer if they engaged in intentional or egregious behavior that led to your injuries. However, these cases can be difficult to prove and can take a long time to resolve. In addition, workers' compensation benefits are typically available more quickly than in a personal injury lawsuit. Often, you can pursue both claims simultaneously.

I would advise that you speak with a workers' compensation attorney who can evaluate your case and help you navigate the claims process. They may be able to help you get the benefits you need to cover your medical expenses and lost wages.

Tim Akpinar agrees with this answer

Gary Alan Jackson
Gary Alan Jackson
Answered
  • Workers' Compensation Lawyer
  • Huntington Beach, CA
  • Licensed in California

A: you have a very valuable work injury case. you have the right to hire a workers compensation attorney of your choice. it costs nothing to hire a work comp attorney.

you may be permanently totally disabled under the work comp law. you should consult with a very experienced work comp attorney to discuss your work comp case and your potential SIBTF case. the SIBTF case is nearly always more valuable than the underlying work comp case. do not hire a work comp attorney that does not handle a lot of SIBTF cases as well. you must carefully coordinate the two and also consider SSDI and potential pension or retirement benefits. we cant solicit your business here so you will have to call one of us yourself.

thank you for your excellent question.

Tim Akpinar agrees with this answer

Richard  Barkhordarian, Esq.
PREMIUM
Richard Barkhordarian, Esq.
Answered
  • Workers' Compensation Lawyer
  • Culver City, CA
  • Licensed in California

A: Well Yes and No. If you can prove that your employer knew of a danger and ignored it causing you serious injury, then a serious and willful claim could be filed against your employer. If for example, the ladder you were climbing was defective, causing you to fall, then there would be a products liability claim. If none of these issues are at hand, then your only recourse is to file a workers' compensation claim. Hiring a solid workers' compensation claim will be very helpful for you because it will assure you get the proper treatment and/or the full compensation needed to get the treatment and cover you for your physical and mental disabilities. The law prohibits any workers' compensation attorney to seek more than 15% of your total settlement amount, unless they went above and beyond in your case, then they could make the argument for more, but rarely is it approved by a Judge. So, for 15% of your potential settlement, if you hire wisely, you will get all the benefits and treatment you are owed for your serious accident at work.

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