Can I File A Worker’s Compensation Claim If I Fell Off A Chair At Work?

The worker’s compensation program was created to provide a source of assistance to employees who were hurt on the job. Prior to this system, workers could face significant financial hardships simply because of an accident that occurred when they were working and trying to earn a living. The program also helps employers who once faced countless personal injury lawsuits from workers who were hurt while on the clock and needed help covering the cost of medical care and their lost income. The program is a win for everyone involved and provides workers and employers with great peace of mind.

As an employee in the state, you are covered under the program because your employer is legally obligated to participate and cover the cost of coverage for all workers. In return for this financial contribution to the program, employers are not protected from most lawsuits filed by employees who are hurt on the job. Only in very limited cases are workers who get hurt by a workplace accident permitted to seek legal action against their employer.  In most cases, they must use only the benefits from worker’s comp to cover their expenses and losses.

You could feel very embarrassed to admit that you were hurt when you fell from a chair while at work. However, it is vital you seek the medical care needed to address any harm you sustained. There are many injuries that could occur from even that shortfall of a foot or two, including:

• Fractured or broken bones in the hand or wrist
• Damage to the joints in the shoulder, elbow, wrist, or hand
• Lacerations or puncture wounds
• A broken tailbone
• Injuries to the back or neck from the compression of landing on the floor
• Facial injuries to the eyes, ears, nose, mouth, or delicate skin on the face if you hit your face while falling
• Head injuries from impact with a table, chair, cabinet, or the floor that could result in a skull fracture, severe concussion, or laceration to the scalp
• Soft tissue injuries and damage to or destruction of nerve tissue

In addition, those with existing medical conditions or anyone older could face serious harm from what many would consider a minor fall or incident. It is always best to get a medical evaluation to ensure your fall from a chair did not cause any injuries that require treatment.

You will be relieved to learn that the benefits offered by the California worker’s comp program are some of the most robust in the nation. When you get hurt at work, you will have access to the following benefits on an as-needed basis:

• Complete coverage of all medical expenses related to the harm sustained in a workplace injury with a cap of $1,000,000 per workplace injury incident – it is also critical to know that most medical care facilities and providers will work directly with worker’s comp on billing for your car so there is no need for you to pay any co-pay, deductible or get reimbursed for payments you had to make at the time of care
• If you are unable to work while healing from your injuries, the program will provide up to 66% of your regular weekly income to assist you in paying your routine living expenses like rent and food costs
• If the harm you suffered causes a decreased capability that will cause you to be partially or temporarily disabled, the program can provide disability compensation to offset that decreased earning capability
• In cases that cause severe harm that prevents you from ever returning to your job, the program offers free vocational training to help you prepare for a new career once you are healed and ready to rejoin the workforce in a new capacity

There is only a single exception to the protection provided to employers that shields them from employee-filed personal injury lawsuits. If there was evidence of gross negligence on the part of the employer, the hurt worker could have grounds for a lawsuit to seek compensation for losses and expenses not covered by worker’s compensation. Gross negligence is defined as a complete lack of concern and consideration for employee safety.

For example, if you reported that your office chair was damaged or worn out and asked for a replacement, but that request was denied, you could have grounds for a lawsuit. The deciding factor would be if your employer did not address the safety concern of a damaged chair and that you were given no other option but to continue to use the unsafe chair. If you think that gross negligence was a factor in the incident where you fell from a chair at work, please reach out to DTLA Law Group today to discuss the incident with a personal injury lawyer.

As a worker who is hurt while on the job, you have only 30 days from the date of the injury incident to open a claim with worker’s compensation. Once that time has passed, any claim that you attempt to open will be immediately denied, and you will receive no benefits from the program. If you have grounds for a personal injury lawsuit, the time to file your claim with the court is within two years of the injury date. This time limit is also strictly enforced, and once it expires, you will lose the right to pursue legal action related to the losses and expenses caused by the incident. Please do not hesitate to contact DTLA Law Group to discuss this matter and how these time limits could impact your ability to seek help in covering your losses and expenses.

When you work with DTLA Law Group, we never ask for any upfront legal fees or expenses. Instead, we are only paid for our work and reimbursed for the fees and costs we incur on your behalf after the case is resolved. At that time, you will have the compensation to cover those costs without suffering any added monetary hardships. Finally, if your DTLA Law Group personal injury lawyer fails to win your case and secure the compensation you need to overcome the costs of your injuries, you owe the firm nothing for the time and investment made to prepare your case. Please reach out to our dedicated staff today to learn more about the legal services and benefits that are available to help you overcome any injuries suffered while you are on the job.

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