The time limit to file a claim with the worker’s compensation insurance program is 30 days, and the time limit begins on the date of your accident. It’s critical to seek care if you are hurt at work, so please do not wait. If you need help to open your claim, or your employer attempts to stop you from using the worker’s comp system and its benefits, do not wait to contact the DTLA Law Group to get us involved before the 30-day limit expires. If you wait more than 30 days, your claim will likely be denied. This is a rule that is strictly enforced, but there are some situations that affect the time limit. One of them is for any injuries diagnosed as a result of cumulative trauma.

Cumulative trauma is a diagnosis of cause, and what it means is that there is a repetitive task occurring over a long time period that results in an injury. Most of the time, these actions individually do not cause injury or pain, but over time, they accumulate to a strain or pain that becomes unpleasant and requires treatment. If you are diagnosed with a cumulative trauma injury, you can still file a claim under worker’s compensation even though it didn’t just occur. The time límite para presentar una reclamación for a diagnosed cumulative trauma injury is 1 year, and it begins on the date of the first day of work you missed due to the injury. It must be diagnosed by a medical professional.

Many job roles have common injuries that are caused by the work that is performed and the environment in which you work every single day. What is specific about the HVAC business is that on any given day, you have the opportunity to be doing several different types of tasks that expose you to a large number of various risks and hazards. The other injuries and hazards that DTLA Law Group regularly sees from HVAC professionals include falls from ladders or tripping incidents, back strains, cuts and puncture wounds, and even electrocution. They can also be:

• Broken or fractured bones, including skull fractures, from heavy material falling, like roof tiles and HVAC equipment
• Sprains that damage the connective tissue of joints or complete dislocations when moving material around a job site
• Back, neck, and spinal cord injuries due to the amount of lifting that goes on, often overhead
• Exposure to prolonged loud noises at a damaging level caused by tools, generators, and heavy equipment in small spaces like single-family homes

The hazards common across locations, and they may or may not be related to the jobs and roles, are:

• Mal funcionamiento de equipos de uso común, que pueden provocar descargas eléctricas o quemaduras.
• Problemas ambientales como incendios o inundaciones
• Earthquake damage and falling debris

If you have been injured while working as an HVAC subcontractor, DTLA Law Group recommends that you get a full medical exam when you are being treated for your injury. The other injuries you may have need to be identified and treated as soon as possible.

In general terms, any injury that an employee suffers while at work and while doing their assigned job is going to be covered under the worker’s compensation program. There are some exceptions to this, but they pertain to conditions surrounding the incident itself and are not injury-specific. Examples like an attempt at self-harm by the employee, or being under the influence of drugs or alcohol, or horseplay while at work, will not be considered job-related and will be denied. Each company is required by law to purchase the worker’s comp insurance program and to pay the costs for the insurance. Please note that only your company covers you for worker’s compensation insurance. Even though you may be working as a subcontractor for another company, they do not provide the insurance.

Below is a list of key benefits that cover the majority of the needs for an injured employee. Every person who is covered by worker’s comp insurance is eligible to receive injury benefits that include, but are not limited to the following:

• A monetary value of up to a substantial amount dollars in medical care coverage for hospital and doctor’s bills, the rental costs of medical devices like a cane, wheelchair, braces, or crutches, the prescription medications and over the counter treatments you need to take, any physical therapy and rehabilitation, all on a per-incident basis
• Employees who cannot return to work until fully recovered from their injuries may get up to 66% of their weekly income from the program for a term not longer than 104 weeks
• If any employee experiences severe harm and has long-term limitations or a disability due to a workplace injury, the program offers long-term disability payments that may be lifetime in duration
• If an employee has an injury that prevents them from returning to their previous job, they are eligible for free vocational training that will allow them to seek employment after being cleared to return to work by their doctors

The short answer, in broad terms, is no; you cannot file an injury lawsuit for being hurt at work. Based largely on the fact that worker’s compensation insurance is an exclusive remedy for workplace injuries. There are some circumstances where you can presentar una demanda por daños personales, and they involve what is called gross negligence.

The employer’s liability for gross negligence or failure to create a safe working environment is something you can file suit for. What this requires is the ability to prove that the target of the lawsuit is guilty of gross negligence. California law defines gross negligence as willful misconduct or a reckless disregard for the safety of others. Some very basic examples of this include-

• Equipment that is dangerous to use in its present condition, which the company is aware of
• The failure to deal with a known hazard that is an obvious danger, like an exposed live electrical wire
• The failure to properly train an employee on the use of dangerous equipment

If gross negligence is suspected and can be demonstrated, you can presentar una demanda por daños personales against the entity that is responsible, and the court will grant damages. This includes the owner of the property that you were at when the injury occurred.

You are not allowed to sue for damages like your medical bills or lost wages that you have already received coverage of or payment from worker’s compensation. In the case of lost wages, it means you could sue for the difference between what you typically received for income and what worker’s compensation provided. As mentioned above, you are entitled to 66% of your weekly income, but there is a cap on that payment amount. It may be less than 66%. If you have experienced an injury at work and have questions about who can be sued, the DTLA Law Group will help you find the answers to your questions, and we will be ready to represent you if you can presentar una demanda por daños personales.

When you hire a DTLA Law Group HVAC worker’s compensation injury lawyer, you will not be charged any upfront legal fees before we take your case. If we represent you and fail to succeed in your case, you will not be billed for our services. Please get in touch with the DTLA Law Group about any questions or concerns you have while going through the worker’s compensation process.

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