The time limit to file a claim with the worker’s compensation insurance program for the most common injuries is 30 calendar days. The time limit begins on the date of the accident. When the clock is running, it is crucial to get medical care if you are hurt at work. If you need assistance in opening the claim, or your company tries to discourage you or stop you from filing a worker’s comp claim, please get in touch with the DTLA Law Group and get us involved before your 30-day limit expires. If you wait longer than 30 days, your claim will likely be denied. The rule is usually strictly enforced, but there are some situations where the time limit is different. Any injuries diagnosed as a result of cumulative trauma are one of the notable exceptions to the standard time limit.

Cumulative trauma is a diagnosis that refers to the cause of an injury, linking it to events or activities that take place over a period of time, and the activity is usually part of your daily or weekly routine and is a repetitive action. Examples include lifting a heavy replacement part into an engine compartment over time, which can lead to a back strain and damage, or working in a loud environment, which can result in a gradual loss of hearing. If you are diagnosed with a cumulative trauma injury, you can still file a claim because the time limit is different. It is 1 year, and it begins with the first day of work you miss because of the illness or pain, and you become aware that the injury is job-related. The diagnosis has to come from a medical professional.

There will always be common injuries associated with a job or role, typically because they are caused by the work performed and the environment in which it is done. What is specific about the auto repair business is that every day, you might be doing different types of tasks that expose you to a number of different risks and hazards. The different injuries and hazards that DTLA Law Group regularly sees from auto repair mechanics include slip and fall due to oil on the floor, back strains from hoisting batteries and tires up, and cuts from the manual manipulation in small spaces. They can also be:

• Broken or fractured bones, including skull fractures, from having something fall off a car lift or from a storage rack
• Sprains that damage the connective tissue of joints or complete dislocations caused by slips, trips, and falls
• Back, neck, and spinal cord injuries due to the amount of lifting that goes on for different repairs
• Exposure to prolonged loud noises at a damaging level caused by air tools and engines operating often

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

• Malfunctioning equipment in common use leading to shocks, burns, or other wound types
• Environmental issues like fire, flooding, or carbon dioxide or monoxide poisoning from poor ventilation

If you have been injured while working as an auto mechanic, DTLA Law Group recommends that you get a full medical exam when you are being treated for your injury. Any other injuries you might have need to be found immediately and treated as soon as possible. You might think the injury is minor, only to discover that there is another injury or that it is going to create a disability.

In general terms, every injury that an employee suffers while at work and while doing their assigned job is going to be covered under the worker’s compensation insurance program. There are some exceptions to that, but they deal with conditions surrounding the incident itself. Examples where an attempt at self-harm by the employee, or if the injured employee was under the influence of drugs or alcohol, are likely to lead to the claim being denied.

Below is a brief list of the benefits that cover the majority of the needs for injured employees. Every employee who is covered by worker’s comp insurance is eligible to receive any injury benefit that applies to a claim and injury type. The benefits include, but are not limited to, the following:

• Up to substantial amount dollars in medical care coverage for hospital and doctor’s costs, the rental or purchase cost of any medical devices like a cane, braces, crutches, or a wheelchair, any prescription medications, as well as over the counter medicine, all physical therapy and rehabilitation, and medical transportation costs, on a per-incident basis
• Employees who are unable to return to work until fully recovered from the sustained injuries may get up to 66% of their weekly income from the program for a term of up to 104 weeks
• If the employee has long-term limitations or a disability due to the workplace injury, the program offers long-term disability payments that may be lifetime in duration
• If an employee is unable to return to their previous job, they are eligible for free vocational training that will allow them to train in a new field once they are cleared to return to work by their doctors

Suing Your Company For Injury At Work

You are permitted to sue your employer or a liable third party if you have been hurt at work, but only under some specific circumstances. Without those circumstances present, you cannot file an injury lawsuit for being injured at work. Worker’s compensation insurance is an exclusive remedy for workplace injuries, which means that fault is assumed but isn’t required to be demonstrated before providing you benefits. The specific circumstances under which you can file a personal injury lawsuit against your employer revolve around gross negligence on the part of your company.

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 a faulty lift
• The failure to properly train an employee on the use of dangerous equipment

If gross negligence can be demonstrated, you can file a personal injury lawsuit against the company, and the court will grant damages. This also includes the owner of any property that you were at when the injury occurred, if it is different than your employer.

You cannot sue for damages, such as medical bills or lost wages. Any expense already covered by worker’s comp cannot be counted in your lawsuit. In the case of lost wages, it means you can sue for the difference between what your weekly income is and what worker’s compensation covered. If you have hurt at work and have questions about who is liable, the DTLA Law Group can help you find the answer to that question. If you have a case for personal injury, we will be ready to represent you.

What Are The Upfront Costs To Hire The DTLA Law Group?

When you hire a DTLA Law Group Mechanic worker’s comp injury lawyer, we will not be charging you upfront legal fees as a requirement to represent you or negotiate for you. If we represent you in a lawsuit and do not achieve a positive outcome, you will not be billed for our services. Please do not hesitate to contact the DTLA Law Group about any questions or concerns you have if you have been injured at work.

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