When you injured your shoulder on the job, a Glendale workplace shoulder injury lawyer from Glauber Berenson Vego could advise you about your legal rights and help you recover just compensation. California’s workers’ compensation system allows employees to recover costs associated with workplace injuries, and a diligent workplace injury attorney understands how to navigate this process.
If your employer or a third party demonstrated intentional or gross negligence in providing safe working conditions, you could also have a potential negligence claim. Our experienced attorneys could perform a detailed investigation into your claim to ensure all evidence is accounted for.
Every employer within California is required to maintain workers’ compensation insurance under Cal. Lab. Code § 3700. The workers’ compensation system is designed to reimburse employees for expenses such as medical costs and lost wages in the event of an injury.
The system provides for different types of benefits:
Employees are entitled to medical care benefits, which cover their healthcare costs as they recover from workplace injuries.
Employees can also receive temporary or permanent disability benefits. These benefits can cover lost salary to the extent that the injury or sickness prevents the employee from working in the short term or if the worker cannot recover. An employee with a shoulder injury will likely need to consult a Glendale attorney about medical care and disability benefits.
The workers’ compensation system also allows employees to receive supplemental job displacement benefits, which cover the cost of career training courses or other job skill training, in the event they are unable to return to their positions.
In the event the workplace injury leads to death, the system allows the employee’s surviving relatives to pursue death benefits. Death benefits can cover costs such as funeral expenses and provide monetary support to surviving dependent relatives of the deceased.
If an employer does not maintain workers’ compensation insurance, it is considered a misdemeanor criminal offense under Cal. Lab. Code 3700.5. The state can impose significant penalties if an employer fails to maintain workers’ compensation insurance as the law requires. The state labor commissioner can impose a fine of $10,000 or up to a year in county jail for the responsible party if an employer is illegally uninsured. Additionally, the state can penalize the company up to $100,000.
A Glendale attorney could advise an employee with a shoulder injury on their legal options in the event their employer does not have workers’ compensation insurance. The state provides an uninsured employer’s benefit trust fund to cover an injured employee if their employer does not maintain workers’ compensation insurance.
In addition to paying the injured employee’s workers’ compensation benefits, the fund can pursue reimbursement from the lawyer through property liens. The injured worker can still pursue a civil lawsuit against the employer to recoup compensation for their injuries.
Workers’ compensation claims are increasingly complicated when the employee’s role is unclear. For example, employers are not required to provide workers’ compensation insurance for independent contractors. However, whether a worker is an employee or independent contractor is not always clear. California Assembly Bill 5 provides a three-part test to determine employee status.
The bill states that a worker is an employee unless the employer shows the individual is free from control, performing their work primarily outside the employer’s business and performing their trade independently of the employer’s operations. When an employee has sustained a shoulder injury, a Glendale attorney could investigate further to ensure proper compensation.
Although independent contractors are not entitled to workers’ compensation, the injured party could still have a personal injury claim if the employer demonstrates extreme negligence. Employers have a general duty to provide safe conditions on their premises.
Workplace injuries can cause stress and uncertainty for employees facing significant medical costs and the prospect of losing future income. You should contact a Glendale workplace shoulder injury lawyer as soon as possible to discuss your legal options.
Our tenacious attorneys could also advise on your legal recourse when an employer does not have workers’ compensation insurance or demonstrates gross negligence. Contact our firm today to schedule a consultation.
