Frequently Asked Questions About On the Job Injuries:
I hurt myself at work. What should I do?
If you are injured on the job, you should immediately ask your employer for a workers' compensation claim form called a DWC-1; or, you can contact our firm and we will provide you with one. Upon completion, a copy of this form must be given to the employee and another copy must be sent to the employer's workers' compensation carrier. You should complete a DWC-1 form even if you believe your injury is minor, because failure to fill it out can limit any workers' compensation rights you have. The Arns Law Firm can assist you with your workers' compensation claim and evaluate your case to see if you have a potential lawsuit against a negligent third party.
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I think my employer caused my injury. Can I sue my employer?
No; under California's workers' compensation system, you cannot file suit against your employer, even if the employer caused your injury. However, the "good news" is that regardless of who was at fault, you are entitled to workers' compensation benefits. You will receive benefits even if you caused your own injury. The bad news is that workers' compensation benefits are severely limited, and many workers find it difficult, if not impossible, to get by on them while recovering from a severe injury.
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What is a "third-party case," and why should I ask an attorney about it?
If your injury was caused, at least in part, by the fault of someone other than your employer, you may have a case against this third party. (It's called a third party since you are the "first" party, and your employer is the "second" party.) For example, for a construction injury, you might have a third-party case even if the general contractor was simply "aware" or "should have been aware" of the condition that caused your injury. Through a third-party lawsuit, you can recover all lost wages, all medical costs, future lost wages, and damages for pain and suffering, none of which can be recovered through workers' compensation alone. You must consult an attorney to advise you whether you have a potential third-party lawsuit. It is crucial that your case be investigated immediately so that valuable evidence is not lost and witnesses can be contacted.
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For More information please download The Arns Law Firms’ Worker’s Compensation Brochure:
ENGLISH WORKERS’ COMPENSATION BROCHURE
SPANISH WORKERS’ COMPENSATION BROCHURE
Labor Code Section 5430 requires us to print the following:_Making a false or fraudulent workers' compensation claim is a felony subject to up to 5 years in prison, or a fine up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine. |
