In 2017 a California judge approved a record-breaking $10 million settlement in a workers’ compensation case.
The settlement in the case of TBC v. Ernst & Young; The Insurance Co. of the State of Pennsylvania (AIG) came after the plaintiff (injury victim) suffered a traumatic brain injury in a car accident on her way home from a work assignment.
The case was eligible for a workers’ compensation claim due to an exception in the standard “coming-and-going” rule, which typically does not allow claims related to commuting to or from work. However, an exception was made in this case because she was driving home at 2:30 a.m. from a work assignment in special circumstances and at an unconventional hour.
The plaintiff also filed a civil lawsuit against Caltrans and the State of California simultaneously to her workers’ comp claim, in which she obtained an additional $3.2 million in compensation.
Experiencing a work injury can be a stressful and challenging situation. It is critical to take the following immediate steps to ensure your well-being and protect your rights:
If the injury is severe or life-threatening, call 911 or go to the nearest emergency room. On the other hand, if the injury seems minor, still seek medical attention promptly. Some injuries can have delayed symptoms.
Notify your supervisor or employer as soon as possible. Provide a detailed account of how the injury occurred and what you hurt.
Take photos of the scene, if possible, and any equipment or conditions that contributed to the injury. Gather contact information of any witnesses who may have seen the incident.
Ask that your employer creates a written report of the incident. Review it for accuracy and request a copy for your records.
In most cases, you’re entitled to workers’ compensation benefits, which can cover medical expenses, a portion of lost wages, and more.
Maintain a personal record of the incident, including dates, times, and descriptions of events. Document your injuries and the medical treatment you receive. Create a journal that chronicles your daily symptoms and how they impact your life.
Attend all medical appointments and follow your healthcare provider’s instructions for recovery. Keep copies of medical records, bills, and prescriptions.
If the injury is severe, or if you encounter difficulties with your claim, consider speaking to an Orange County workers’ compensation attorney. They can provide guidance and help protect your rights.
If your healthcare provider approves, return to work as soon as possible in accordance with any modified duties or restrictions.
Keep your employer informed about your recovery progress and any changes in your condition.
It is crucial to seek legal advice if you have been injured at work, even if you’re unsure about the eligibility for workers’ compensation. A skilled Orange County employment attorney can provide clarity on your situation and help you understand your rights and options. Arrange a free consultation today by calling Aegis Law Firm at (949) 379-6250 or contacting us online.