Workplace injuries are common in California, with millions of employees experiencing some form of injury or illness each year. Sadly, many workers struggle to prove such accidents, often leading to significant financial stress and emotional distress for themselves and their loved ones.
Before filing for workers’ compensation benefits, it's crucial for injured employees to understand what constitutes a workplace injury and what steps they can take to prove this in court. The process to secure workers' comp benefits can be complex, even for employees who appear to clearly deserve compensation, making it all the more crucial for injured workers to understand the required criteria and establish their claims with compelling evidence.
Keep reading to learn more about legal requirements for obtaining workers’ comp benefits in California.
What Constitutes a Workplace Injury?
The first step to learning how to prove a workplace injury resulted from your job is by understanding some of the most common types of workplace accidents, including:
- Slip-and-fall accidents – Also known as “slip, trip, and fall” claims, such injuries occur as a result of wet floors, uneven surfaces, cluttered workspaces, or related causes in the workplace.
- Overexertion and bodily reaction – This type of workplace injury results from lifting heavy items or performing repetitive tasks.
- Contact with equipment – These injuries occur from machinery or tools used in the workplace, such as accidents caused by machine malfunctions.
- Work vehicle accidents – Workplace injuries caused by company vehicles are common in California, particularly in high-risk fields like construction, delivery or rideshare services, public transportation, law enforcement, and commercial truck drivers.
- Repetitive Stress and overexertion injuries – Repetitive stress injuries (RSIs) and related injuries occur over time due to repetitive motion or strain on specific body parts.
4 Elements That Employees Must Prove to Receive Workers’ Comp
To successfully claim workers' compensation, sufficient evidence is required to prove the employee’s injury was work-related. For injured workers hoping to secure workers’ comp in California, certain key elements must be established, including:
1. Proving the existence of an employer-employee relationship.
The injured worker must prove that an employer-employee relationship existed when the injury occurred.
2. Proving the existence of the work-related injury or illness.
The injury or illness must have occurred while performing duties within the scope of employment, such as a physical injury, an illness due to exposure to harmful conditions, or psychological trauma resulting from work-related stress or events.
3. The employee notified their employer within the allotted timeframe.
Employees must notify their employer about workplace injuries within the specified 30-day period. An effective notice should be delivered accurately, promptly, and in writing.
4. The injury warrants medical treatment.
The injury or illness must typically require medical treatment. Proof of this can come from medical records, doctor's notes, and receipts for treatment.
Gathering Strong Evidence for Workers’ Comp Claims
As you can imagine, establishing all four elements effectively in court can be easier said than done. Sufficient evidence is required to be successful, and working with a trusted workers' comp attorney is nonnegotiable for injured workers wishing to maximize their chance of succeeding in court.
What is considered strong evidence in a workers’ comp case? In California, common examples of strong evidence for workers’ comp cases include:
- Documentation –Keeping records of all incidents related to the worker's injury can help strengthen their claims. Relevant documentation may include items like incident reports, photographs of the injury or related hazards, or correspondence with the employer about the injury or accident.
- Witness statements – Anyone who witnessed the accident, such as a coworker or third-party vendor, may be willing to offer a personal statement or testimony. Witness statements can be invaluable evidence to strengthen the worker's claims in court.
- Medical reports – The injured employee’s medical records can offer concrete evidence of the injury, including what caused it.
- Physical examination records – An official medical screening or exam by a licensed physician can help verify workers' claims and confirm the severity of their injuries, potentially proving that the victim's work directly caused the workplace injury or illness.
High-End Representation for the Injured in Orange County
Our seasoned advocates at Alvandi Law Group, P.C. have successfully recovered over half a billion dollars for wrongfully injured workers. From firefighter injuries to construction accidents, our skilled workers’ comp attorneys have the impressive legal skillset and experience to advocate effectively on your behalf by fighting for the maximum compensation you deserve after a workplace injury, accident, or occupational illness. When it comes to preserving your physical and financial health, don’t settle for less than superior representation from our dedicated Orange County workers’ comp lawyers at Alvandi Law Group.
Injured in your California workplace? Alvandi Law Group is here to fight for the maximum compensation you deserve. Call (800) 980-6905 to schedule a consultation.