Santa Ana Work Injuries Attorney
We focus 100% of our time representing injured Santa Ana residents.
Legal Representation for People Who Suffered a Work Injury
Orange County residents benefit from a truly dynamic economy. While many counties in the U.S. only employ workers in a handful of industries, Orange County residents work in virtually every industry imaginable. Some of these industries are more inherently hazardous than others are. However, no workplace is without its risks. Office workers regularly sustain repetitive trauma and suffer a surprising rate of slip and fall injuries. Factory workers and agricultural laborers often suffer crush injuries and develop occupational illnesses. Construction workers and professional drivers suffer some of the highest rates of work-related accidents when compared to all other workers in the US. It is important to understand that whether you are documented or undocumented, an executive or an entry level employee, you have rights as a worker under the law. If you have been injured on the job, it is important to have an experienced attorney clarify these rights so that you can exercise them as you see fit.
The legal options available to you at this time are largely dependent upon your classification as either an employee or an independent contractor as well as the circumstances surrounding how your injuries were sustained. When you attend a free consultation with our respected work injury attorneys, we’ll be able to tell you which legal options apply to your circumstances and what the potential benefits and drawbacks of pursuing these options are likely to be. Receiving personalized guidance will empower you to make the best possible decisions based on your unique needs and circumstances. We will never pressure you to take any particular course of action. We will simply explain your rights and provide you with an objective, individualized analysis of the relative strengths and weaknesses of your case. The decision to act or to refrain from acting will always remain up to you.
Reliable Representation for Injured and Ill Workers
Our firm offers confidential consultations at no cost to any and all injured workers interested in learning more about their rights. California State law takes great care to protect workers and to ensure their safety. However, having rights under the law doesn't do workers much good if they aren't aware of what their rights are or how to exercise these rights effectively. Therefore, we choose to (confidentially) answer injured workers’ questions for free because no one should be barred from the opportunity to avail themselves of the protections they are owed under the law because they can’t afford to pay for a consultation.
You may not be able to count on your employer to keep you safe while you’re at work. However, you can count on us to advocate diligently on your behalf in the event that you’ve sustained
work-related injuries. Our firm has earned a reputation for
quality legal services
because we treat every client with respect and every case with the focus and attention it deserves. Contact us today to learn more about our approach to representation during a confidential, risk-free, no-cost consultation.
Am I Eligible for Workers’ Compensation Benefits in California?
Eligibility for workers’ compensation benefits in California is not affected by a worker’s documentation status. Instead, eligibility is contingent upon whether the worker is classified as a full-time or part-time worker or whether the worker is properly classified as an independent contractor. Those who have been properly classified as independent contractors are not eligible for workers’ compensation benefits. Additionally, workers in certain specialized industries, including the maritime industry and the railroad, are not eligible for benefits either. Finally, employees of very small companies that only employ a few workers may also be exempt from general coverage requirements in California.
Workers who are eligible to collect workers’ compensation benefits after suffering work-related harm are entitled to receive a benefits award regardless of how they were injured. Workers’ compensation is a no-fault system. Therefore, unless a worker was drunk, high, starting a fight, or trying to get hurt when they were injured, they will be entitled to benefits no matter how their injuries were sustained, provided that they were engaging in work-related activities at the time that they were injured.
What if I’m Ineligible for Workers’ Compensation Benefits?
If you are ineligible to receive workers’ compensation benefits, you may be able to file a successful personal injury case related to the harm you have suffered on the job. The primary difference between the workers’ compensation claims process and the personal injury process is that both fault and causation matter when it comes to pursuing a personal injury claim successfully. To be awarded damages, you must prove that a third party contributed directly to the cause of your injury. This third party must generally have been behaving in ways deemed negligent, reckless, or intentionally dangerous as defined by law. You may be able to obtain compensation via the personal injury claims process even if you were partially responsible for your injuries.
Another primary difference between the workers’ compensation and personal injury processes is that if you are ineligible to obtain workers’ compensation benefits, you may hold the company for which you provide work-related services accountable for your harm if that company meets the criteria listed above.
Employees eligible to receive workers’ compensation benefits may only file personal injury claims related to their harm under certain circumstances. Specifically, workers eligible for these benefits may not directly sue their employers for any part that their employers may have played in the development of that harm. This is because the workers’ compensation system grants employers limited liability for work-related harm. The justification for this disparity is that if workers are automatically granted benefits regardless of fault when they are injured, they shouldn’t also be able to sue their employers for additional compensation. However, if a third party, such as a manufacturer of toxic substances or a violent coworker directly causes a worker’s harm, that third party may be sued in a personal injury action by an employee who is simultaneously seeking workers’ compensation benefits.
What if I Was Working from Home When I Was Injured?
As long as you were engaging in work-related activity when you were injured and as long as you are eligible to receive workers’ compensation benefits, it doesn’t matter if you were on an official job site or not when you were harmed. This means that, generally speaking, workers who operate out of their homes are entitled to workers’ compensation benefits, provided that their situation meets all the criteria noted above. With that said, it can be harder to prove that an employee was engaged in work-related activities when they were harmed remotely. As a result, it can be particularly beneficial for workers who have suffered harm remotely to speak with an attorney before they attempt to file a workers’ compensation claim. Having an experienced attorney on your side from the start can help to ensure that your claim is approved, fairly valued, and paid promptly.
What if My Job Made Me Sick, Aggravated a Preexisting Condition, or Caused Repetitive Stress?
Just as remote workers may benefit particularly from receiving legal guidance in the wake of sustaining injury, so may workers who have developed an occupational illness, sustained a repetitive stress injury, or aggravated a preexisting condition due to work-related activities. It is more difficult to obtain a fairly valued and promptly paid workers’ compensation benefits award related to these conditions than it is for workers who have been injured in an acute accident to obtain such benefits. It is similarly more difficult to file a successful personal injury claim for these kinds of conditions. The reason that these claims tend to be more complex is that insurance claims adjusters and opposing counsel have an easier time insisting that the development of this harm stemmed from other influences and life choices beyond work-related activities. By contrast, when an acute accident causes injury, often in front of coworkers, it is harder to argue that the resulting harm wasn’t related to work-based activity.
If your working conditions have made you ill, have aggravated a preexisting condition, or have caused you a repetitive trauma injury, make sure to attend a free consultation with our experienced legal team before you attempt to file a workers’ compensation claim, to seek an insurance payout, or to pursue any kind of civil action. Having a knowledgeable legal professional on your side from the start can significantly impact the ultimate outcome of your case for the better.
Do I Have to Tell My Employer About My Injuries?
If you choose to file a workers’ compensation claim, you will need to report your injuries to your employer before you will be able to file your claim. Understandably, some workers are hesitant to report their injuries because they are concerned that their employers will retaliate against them for either speaking up generally or for filing a workers’ compensation claim specifically.
California law prohibits employers from retaliating against their employees when those workers choose to exercise their rights under the law. With that said, not all employers behave consistently with these regulations. As a result, whether you are a documented or undocumented worker, you can certainly reach out to our firm for a free consultation before you report your injuries to your employer if you are uncomfortable reporting your injuries proactively. Having a legal professional on your side can help to ensure that your work rights as a worker remain protected as you move forward. Make sure that you act quickly, though. If you wait longer than 30 days to report your injuries to your employer, you may be barred from seeking workers’ compensation benefits related to that harm.
Should I Do Anything to Prepare for My Free Legal Consultation?
Take a little time to write down any questions you may have before you arrive for your free consultation. Doing so will help to ensure that you have all the information you need to make decisions in your best interests about your legal situation. Additionally, please gather any documentation that will help us to better understand the circumstances that led to your injuries. When we have access to accident reports, medical information, contact information for witnesses, and other relevant documentation, our experienced legal team becomes better positioned to give potential clients a case evaluation that is as comprehensive as it is objective and personalized.
If you are concerned about the overall safety of your working conditions, please also bring any information to your consultation that will help us to understand the conditions that you and your coworkers are facing. It may be in your best interests and in the best interests of your coworkers to anonymously file a work inspection request with the Occupational Safety and Health Administration. If so, we can assist you with that anonymous process as well.