Can I still file a workplace safety claim in Calabasas if I was partly at fault?
Yes, you can still pursue a workplace safety claim even if you believe you contributed to the accident. California law follows a pure comparative negligence rule, which means your recovery may be reduced by your percentage of fault, but it does not prevent you from seeking compensation entirely.
This system allows injured workers to recover damages even if they bear some responsibility for what happened. An investigation into the incident will determine the various factors that contributed to your injury.
Where do I file a workplace safety claim in Calabasas?
Most personal injury cases, including those arising from workplace safety issues, are generally filed in the Superior Court of California, County of Los Angeles. For incidents occurring in Calabasas, your case would be assigned to the Northwest District and heard at the Van Nuys Courthouse East.
The court's address is 6230 Sylmar Ave, Van Nuys, CA 91401. In Los Angeles County, a personal injury case is filed in the judicial district where the incident happened and is then assigned to that district's Personal Injury Hub department, following LASC Local Rule 2.3 and the General Order re Assignment and Transfer of Personal Injury Cases.
What should I do after a workplace injury in Calabasas?
- Seek Medical Attention: Your health is the first priority. Get immediate medical care for your injuries and follow all doctor's orders. This also creates a record of your injuries.
- Report the Incident: Inform your employer about the workplace injury as soon as possible. Follow your company's procedures for reporting accidents, usually in writing.
- Document Everything: Take photos of the accident scene, your injuries, and any hazardous conditions. Keep a detailed record of dates, times, and names of people involved, including witnesses.
- Do Not Sign Anything: Avoid signing any documents or agreements from your employer or their insurance carrier without consulting an attorney.
- Consult an Attorney: Speak with a California workplace safety lawyer to understand your rights and options. This is especially true if you are dealing with a workers' compensation claim or considering a separate personal injury lawsuit.
How long do I have to file a claim after a workplace injury?
Most California personal injury claims must be filed within two years, as stated in Cal. Code Civ. Proc. § 335.1. This deadline begins from the date of your injury or the date you reasonably should have discovered it. However, if your claim involves a city, county, or public agency, you must present a written claim to that public entity within six months (Cal. Gov. Code § 911.2) before you can file a lawsuit.
The deadline is generally paused while an injured person is a minor under CCP § 352, but § 352(b) removes that pause for claims against public entities under the Government Claims Act. The specific facts of your case determine the exact deadline, so confirm what applies to your unique situation with an attorney.
California law allows recovery for medical costs, lost earnings, and non-economic harm like pain and suffering. If your injury resulted from a violation of workplace safety standards, you may be able to pursue a claim against a responsible third party in addition to a workers' compensation claim.
What kinds of cases do you handle related to workplace safety in Calabasas?
Our firm helps Calabasas workers with a range of workplace safety issues. This includes injuries from falls, machinery accidents, chemical exposures, construction site incidents, and other dangerous conditions on the job. We assist those injured due to an employer's negligence or a third party's actions.
We work to ensure that employers adhere to safety regulations, including those enforced by Cal/OSHA. Our practice also includes general employment law matters, protecting workers' rights beyond just physical safety, such as for our clients in executive employment matters or those needing a severance attorney in Calabasas.
What does working with Casa Legal Los Angeles involve?
When you work with Casa Legal Los Angeles, we focus on understanding your specific situation, gathering evidence, and building a strong case. This often includes reviewing accident reports, medical records, and witness statements. We communicate directly with insurance companies and other parties involved, so you can focus on your recovery.
We represent clients throughout the greater Los Angeles area, including neighboring communities like Azusa, Bell Gardens, and Bellflower. Our approach is to pursue the full compensation available under California law for your injuries and losses.
Frequently Asked Questions
What are OSHA regulations, and how do they apply to my Calabasas workplace?
OSHA, or the Occupational Safety and Health Administration, sets and enforces standards that ensure safe and healthy working conditions. These regulations cover a wide range of hazards, from preventing falls to controlling chemical exposures. In California, Cal/OSHA enforces state-specific standards that often exceed federal requirements. If your employer in Calabasas violated these regulations, contributing to your injury, it could strengthen your personal injury claim.
Can I be fired for reporting a workplace injury in Calabasas?
No, California law protects employees who report workplace injuries or safety concerns from retaliation. It is illegal for an employer to fire, demote, or discriminate against an employee for exercising their rights, including filing a workers' compensation claim or reporting unsafe conditions to Cal/OSHA. If you believe you were retaliated against for reporting an injury, you might have a separate claim for wrongful termination, which our employee rights attorneys in Calabasas can help with.
Do I have to pay upfront fees to hire a workplace safety attorney?
No, you generally do not pay upfront fees to hire a workplace safety attorney for a personal injury claim with our firm. We work on a contingency fee basis. This means you owe no attorney's fees unless we win your case, and no case costs either. Our compensation comes as a percentage of the recovery we secure for you.
Does a workers' compensation claim prevent me from filing a personal injury lawsuit?
A workers' compensation claim addresses your medical expenses and lost wages through your employer's insurance, regardless of fault. However, if a third party (someone other than your employer or a co-worker) caused or contributed to your workplace injury, you might be able to file a separate personal injury lawsuit against that party. This can allow you to recover additional damages not covered by workers' compensation, such as pain and suffering. An attorney can evaluate if you have both types of claims.
If you have been injured on the job in Calabasas, contact Casa Legal Los Angeles today. We are here to help you understand your rights and pursue the compensation you deserve. Call us at 888-585-2529 for a consultation. No attorney's fees unless we win — and no case costs either.
This content is general legal information, not legal advice, and creates no attorney-client relationship. Deadlines have exceptions and must be confirmed with an attorney for the reader's own facts.