What happens if the employer tries to blame me for a workplace injury in Commerce?
If your employer tries to blame you for a workplace injury in Commerce, that employer may be violating California workplace safety laws. Employers have a legal duty to provide a safe work environment, and they cannot shift responsibility for their negligence to an injured worker.
When an employer points fingers, it often means they are trying to avoid accountability for unsafe conditions or practices. This is a common tactic, but it does not change your right to a safe workplace and proper compensation for your injuries.
How long do I have to file a claim after a Commerce workplace injury, and what can I recover?
Most California personal injury claims, including those from workplace injuries, must be filed within two years of the injury date (Cal. Code Civ. Proc. § 335.1). However, if your claim is against a city, county, or other public agency involved in the workplace incident, you must present a written claim within six months of the injury (Cal. Gov. Code § 911.2). This six-month deadline is strict and must be met before you can file a lawsuit.
The deadline is generally paused while an injured person is a minor under Cal. Code Civ. Proc. § 352. However, Cal. Code Civ. Proc. § 352(b) removes that pause for claims against public entities under the Government Claims Act.
California law allows injured workers to pursue full compensation available under the law. This can include economic damages like medical bills, lost wages, and future earning capacity. It can also include non-economic damages for pain, suffering, and emotional distress caused by the injury.
What types of cases do workplace safety attorneys handle in Commerce?
Workplace safety attorneys handle a broad range of cases where workers are injured or suffer harm due to an employer's negligence or violation of safety standards. This includes incidents where workers are hurt by faulty machinery, inadequate safety equipment, or exposure to toxic substances. If an employer fails to follow CAL/OSHA regulations, we pursue claims against them.
We represent workers in Commerce and neighboring communities like Bell who have suffered injuries from falls, electrocution, chemical burns, or repetitive stress injuries. Our focus is on ensuring employers provide safe conditions and holding them accountable when they fail. Learn more about your rights on our main Workplace Safety & OSHA page.
Sometimes, employer retaliation for reporting unsafe conditions is also part of the case. If you have been disciplined or fired after raising safety concerns, that can be a separate claim. For more information, visit our Commerce retaliation attorney page.
Where is a workplace safety claim from Commerce generally filed?
A workplace safety claim originating in Commerce is generally filed in the Superior Court of California, County of Los Angeles. Under Los Angeles Superior Court Local Rule 2.3 and the General Order regarding Personal Injury Cases, an incident occurring in Commerce means the case would be assigned to the Central District's Personal Injury Hub department. The physical courthouse for this district is the Stanley Mosk Courthouse, located at 111 N Hill St, Los Angeles, CA 90012.
The specific courthouse depends on where the incident occurred within Los Angeles County. Always confirm the correct filing location using the court's official locator for your specific facts.
What should I do after a workplace injury in Commerce?
- Seek medical attention: Your health is the first priority. Get immediate medical care for your injuries. Documenting your injuries by a medical professional is crucial.
- Report the injury: Notify your supervisor or employer of the injury as soon as possible. Follow your company's procedures for reporting workplace incidents. Written notification is always best.
- Document everything: Take photos of the accident scene, your injuries, and any equipment involved. Keep records of all medical appointments, expenses, and lost work time. Note down contact information for any witnesses.
- Do not give recorded statements: The employer's insurance company may ask you for a recorded statement. You are not required to provide one without consulting an attorney.
- Consult a lawyer: An attorney can explain your rights and options, investigate the incident, and handle communications with your employer and their insurers. This is especially important if your employer tries to blame you or minimizes your injuries.
What does working with Casa Legal Los Angeles involve?
Working with Casa Legal Los Angeles means you have an advocate for your rights as an injured worker in Commerce. We begin by listening to your story and thoroughly investigating the circumstances of your workplace injury. This involves gathering evidence, reviewing safety records, and consulting with experts if needed.
Our focus is on building a strong case to secure the full compensation you deserve. We handle all communications with your employer, their attorneys, and insurance companies. We prepare all necessary legal documents and represent you in negotiations or, if necessary, in court. Our goal is to relieve you of the legal burden so you can focus on your recovery. We take these cases on a contingency basis.
Frequently Asked Questions
How much does a workplace safety attorney cost?
An attorney for a workplace safety claim typically works on a contingency fee basis. This means you do not pay any attorney's fees unless we win your case – and no case costs either. Our payment comes as a percentage of the compensation we recover for you.
Can my employer fire me for reporting a workplace injury in Commerce?
No, your employer cannot legally fire you for reporting a workplace injury in California. This would be considered retaliation, which is illegal under state law. If you face adverse action after reporting an injury, you may have grounds for a separate retaliation claim.
What if I was partly at fault for my workplace injury?
California uses a pure comparative negligence system. Even if you were partly at fault for your workplace injury, you can still recover compensation. Your recovery amount would be reduced by your percentage of fault, but your claim is not barred entirely. Your employer still owes you a safe workplace.
Does the two-year deadline apply to all workplace injury claims in Los Angeles County?
Most workplace injury claims in Los Angeles County have a two-year deadline for filing a lawsuit (Cal. Code Civ. Proc. § 335.1). However, if your claim involves a public entity, such as a city agency or a transit authority, you must first file a formal claim within six months of the incident (Cal. Gov. Code § 911.2). This shorter deadline is critical and has few exceptions.
If you or a loved one has suffered a workplace injury in Commerce, you deserve an attorney who will fight for your rights. Call Casa Legal Los Angeles today at 888-585-2529 for a consultation. No attorney's fees unless we win – and no case costs either.