Types of Workers' Compensation Injury Cases We Handle
Unfortunately, workplace injuries are common in the United States. According to the Bureau of Labor Statistics, there were 2,654,700 total recordable cases of nonfatal injuries and illnesses in 2020. In the same year, there were 4,764 fatal work injuries.
Common serious workplace injuries include:
- Head and neck injuries
- Traumatic brain injury
- Eye injuries and vision loss
- Back injuries
- Muscle strains
- Cuts and lacerations
- Carpal tunnel syndrome
- Hearing loss
- Illness
- Burns
Most Common Workplace Accidents
After an injury on the job, it is essential to seek medical attention immediately. Work-related injuries can worsen, especially when the injured worker doesn't receive the proper medical treatment.
Some of the most common job-related injuries include:
Slips, Trips, and Falls
Slips, trips, and falls are a leading cause of workplace accidents, accounting for 805 fatal injuries across the U.S. in 2020.
Slip and fall accidents often occur due to environmental factors and working conditions, including:
- Icy, oily, or wet roads or surfaces
- Poor lighting and visibility
- Unprotected holes or uneven surfaces
- Working on ladders, roofs, skyscrapers, tall buildings, and utility poles
Overexertion
Workers performing constant repetitive motions, known as microtasks, can cause stress or strain over time, leading to complications.
Overexertion can also involve:
- Performing repetitive work without breaks.
- Lifting heavy objects manually.
- Improper lifting technique.
- Carrying or throwing heavy objects or equipment.
- Typing or moving a mouse without good ergonomics.
Exposure to Harmful Substances or Environments
Workers may work with or around hazardous chemicals daily. Dangerous chemicals can pose a severe risk to workers, who may sustain injuries if they contact them. Proper protection, like safety goggles, gloves, and other personal protective equipment (PPE), is needed when handling hazardous chemicals. Another example would be loud noises. Construction workers need proper ear protection to protect their hearing around noisy equipment and machinery.
Vehicle Accidents
Vehicle accidents are a top cause of injuries and fatalities in the United States. If you work in a warehouse, there is also a risk of being hit by heavy machinery and forklifts. A crash could also involve semi-trucks or trailers.
Contact with Objects and Equipment
Making contact with objects and equipment may involve:
- A part of the worker's body gets crushed or severed by equipment or machinery.
- A worker gets struck or crushed by a collapsing structure or materials.
- A worker gets caught in a wire or rope.
- A worker gets injured from vibration.
- Bumping into an object or machinery.
- Falling tools or dropped loads.
Frequently Asked Questions About Workers' Compensation
How Long Can I Stay on Workers' Comp?
Typically, employers can provide workers' compensation benefits for 104 weeks or about two years. Parceling them over five years is possible if benefits are not used consecutively. For specific severe injuries, a worker may get 240 weeks of benefits. Severe injuries can include third-degree burns and illnesses from job environments and conditions.
If the injured victim suffered injuries that resulted in a permanent disability, permanent disability payments may be awarded.
What Injuries Are Not Covered by Workers' Compensation?
According to California law, some specific injuries and circumstances are disqualified from receiving workers' compensation.
These injuries include:
- Intentional harm – Employees who intentionally harm themselves cannot file a workers' compensation claim.
- Breaking the law – If an employee violates the law when injured, the person will lose their workers' compensation coverage, especially in the case of felonies or violent crimes. For example, if a worker tries to steal merchandise and falls, sustaining an injury at work, that person will not be able to claim workers' comp benefits.
- Intoxication – If an employee is under the influence of drugs or alcohol at the time of the injury, the person will likely be unable to pursue workers' compensation benefits.
- Fistfights – An employee suffers injuries while engaged in a violent altercation with another person.
- Pre-existing conditions – Illnesses or injuries caused by pre-existing conditions before an employee was hired.
Can I Sue My Employer for a Workplace Injury in San Diego, CA?
The majority of workers' compensation cases settle out of court. You may be limited to filing a workers' compensation claim in most situations. However, after suffering a workplace injury, you may be able to sue your employer. For example, all California employers are required by law to provide workers' comp insurance. If your employer doesn't carry workers' compensation insurance, you may be able to sue.
Limited situations where you may be able to sue your employer include the following:
- Your employer intentionally caused you to sustain an injury.
- Your employer does not carry workers' compensation insurance.
- Your employer committed fraud to hide their connection to the injury.
Can I Be Fired While on Workers' Comp?
The short answer to this question is yes. California is an at-will employment state, and being on workers' compensation does not protect an employee from being let go or laid off. However, an employer cannot fire you only because you applied for workers' comp or receive workers' compensation. If an employer terminates your job for either of these reasons, it is considered a retaliatory termination, which is illegal in California. It can get tricky to prove this sometimes, as an employer may try to find another reason to terminate the employment.
If there is a strong indication that your employer let you go due to being on workers' compensation, it is vital to consult a workers' comp lawyer to discuss your legal options.
