Los Angeles Workplace Injury Lawyer
You have the right to work in a safe work environment. However, every year accidents in the workplace result in thousands of fatalities and millions of injuries. If you sustained work-related injuries, talk to a workplace injury lawyer.
According to statistics from the U.S. Bureau of Labor, private industry employers reported 2.7 million nonfatal workplace injuries and illnesses in 2020.
Workplace injuries declined from 2.7 million in 2019 to 2.1 million in 2020 but reported illness cases more than quadrupled during the same period. The COVID-19 pandemic likely played a role in the decline of injuries reported in 2020, but the statistics remain alarming.
If you were injured in an accident at work or while performing your duties, you are typically entitled to workers’ compensation. However, in certain cases you might also be able to claim damages in a personal injury lawsuit from your employer and third parties.
Cohen & Marzban is one of the top Los Angeles workplace injury law firms.
We help clients who have been injured at work or lost a loved one in a work-related accident to receive the compensation they deserve.
24 Hours a Day, 7 Days a Week To Schedule an Appointment.
Let us know if you’re unable to travel to our office. We’ll gladly send one of our work related injury lawyers to visit you at home or in hospital, anywhere in Southern California.
Why Choose Cohen & Marzban Personal Injury Attorneys?
We deliver results!
We have over 45 years of experience.
Our workplace injury attorneys know the ins and outs of workplace accident claims.
We have already recovered $2,000,000,000+ from personal injury cases for our clients!
Our list of accolades includes winning The Litigator Award™ – an honor awarded to only the top 1% of trial attorneys in the United States.
If you’re looking for a top Los Angeles workplace injury lawyer, Cohen & Marzban should be your #1 choice. We have earned our reputation as one of the best workplace injury attorney firms in Los Angeles.
All new clients receive a FREE consultation so we can evaluate the merits of your case. And if we decide to accept you as a client, we don’t get paid unless you get paid!
Frequently Asked Questions
What are the conditions to claim workers’ compensation in california?
The prerequisites to claim workers’ compensation are codified in California Labor Code sections 3600 and 3602. Here are some of the most important parts of it (abbreviated in plain English):
(a) Liability for compensation, without regard to negligence, exists against an employer for any work-related injury or fatality of an employee if it was the proximate (the most important) cause of death. It’s subject to the following conditions:
(1) Where, at the time of the injury, both the employer and the employee are subject to the compensation provisions of this division.
(2) Where, at the time of the injury, the employee is performing job-related duties.
(3) Where the proximate cause (main cause) of the injury is due to the employee being employed by the employer. It does not matter if either party acted negligently.
(4) Where the injury is not caused by the intoxication, by alcohol or the unlawful use of a controlled substance, of the injured employee.
(5) Where the injury is not intentionally self-inflicted.
(6) Where the employee has not willfully and deliberately caused his or her own death.
(7) Where the injury does not arise out of an altercation in which the injured employee is the initial physical aggressor.
(8) Where the injury is not caused by the commission of a felony, or a crime by the injured employee, for which he or she has been convicted.
(9) Where the injury does not arise out of voluntary participation in any off-duty recreational, social, or athletic activity that’s not a part of the employee’s work-related duties. That is unless these activities are reasonably expected (expressly or implied) by the employer.
If you have any questions, don’t hesitate to contact a workplace injury attorney.
What’s the difference between workers’ compensation and a personal injury claim?
In order to succeed with a personal injury claim, the plaintiff typically has to prove that the defendant was negligent. There are exceptions in California, such as product liability claims, that don’t require the plaintiff to prove negligence.
In workers’ compensation cases, injured workers do not have to prove negligence or that their employer was at fault. This makes it much easier to claim compensation under workers’ compensation than is the case in a personal injury lawsuit.
However, you can typically receive more compensation in a personal injury lawsuit than under workers’ compensation. For example, workers’ compensation won’t compensate you for pain and suffering, but you can claim for it in a personal injury lawsuit.
Can i file a personal injury lawsuit against my employer instead of claiming workers’ compensation?
Since you can often obtain more compensation in a personal injury lawsuit than filing for workers’ compensation, a common question is if you can choose between them. The short answer is no.
In principle, you cannot file a personal injury lawsuit against your employer for work-related injuries.
As per California Labor Code section 3602, California follows an “exclusive remedy rule” for job-related injuries. Section 3602 (a) states:
“Where the conditions of compensation set forth in Section 3600 concur, the right to recover compensation is, except as specifically provided in this section and Sections 3706 and 4558, the sole and exclusive remedy of the employee or his or her dependents against the employer.”
The keywords are “sole and exclusive remedy.”
Note that there are a couple of exceptions. For example, when an employee is physically assaulted by an employer and sustains injuries as a result (California Labor Code section 3602(b)). In such cases, the employee can file a personal injury lawsuit against the employer.
To learn more about possible exceptions and if they apply to you, contact an experienced workplace injury lawyer.
Can i file a personal injury lawsuit against a third party for injuries sustained at work?
The short answer is yes. Although you can’t file a personal injury lawsuit for work-related injuries in California (except for a few exceptions) under the exclusive remedy rule, you can file a personal injury lawsuit against a third party.
Third parties claims include:
- Product liability claims against manufacturers, distributors, importers, or retailers.
- Premises liability claims against negligent landlords.
- Negligent contractors or subcontractors.
You can also claim for injuries sustained outside the workplace due to the negligent behavior of another party while you were performing job-related duties. It includes:
Workplace injuries or work-related injuries can get very complex. For professional and expert advice, call Cohen & Marzban at (310) 880-4555. One of our workplace injury lawyers will gladly assist you.