Los Angeles Workers' Compensation Law Blog

April 28 marked Workers Memorial Day, an annual day of remembrance for workers injured or killed on the job across the country, including California. Astonishingly, 12 workers on average are killed at work every day in the United States and even more are injured. By contrast, in 1970, 38 workers were killed at work every day in this country. As a result OSHA, the federal agency responsible for overseeing employer safety and reducing workplace injuries, was established.

One example of a preventable tragic workplace injury occurred at UCLA. A 23-year-old research assistant sustained fatal burns when dangerous chemicals she was working with ignited and started a fire. It was later determined that had she received proper training needed to safely handle the chemicals, the accident likely would have been prevented.

Before filing a workers' compensation claim, it is important to have a reliable professional evaluate the facts and circumstances surrounding the potential claim for benefits. The recent arrest of a Los Angeles firefighter shows just how problematic a false claim for workers' compensation benefits can be.

According to the L.A. District Attorney's office, a 35-year-old firefighter moonlighting as a martial arts fighter was arrested for allegedly filing false claims for workers' compensation. Bail was set at $30,000. The man, who allegedly filed for workers' compensation between 2008 and 2011, is facing four felony counts for insurance fraud. A conviction could carry up to five years in jail.

A Los Angeles, California, Wal-Mart employee suffered severe workplace injuries as a result of heavy lifting required as part of her job. The employee, a manager in the store's health and beauty department who has worked at Wal-Mart since 2009, complained to her supervisors several times about pain in her arm and her struggle to complete some of her job duties, which required manual labor.

However, when she complained, her managers informed her that there were several other people who wanted her job, leaving the employee no other option but to continue working. An emergency room doctor's note was not even enough to persuade her managers to lighten the physical labor aspect of her position.

Many warehouse workers in Los Angeles, California, spend their days loading and unloading goods, which can include products such as textiles, electronics, or even produce and other perishable foods. Such workers may begin doing so with more caution after a 56-year-old worker died after being buried underneath several tons of pinto beans in the warehouse where he worked, police say. It took several people, including several rescue workers, to dig through the 20-foot pile of beans. However, when they reached the trapped worker after nearly an hour, he was already dead. Police are still investigating the cause of the accident.

California law provides for workers' compensation benefits to family members of a worker killed on the job. These full or partial death benefits could include medical expenses, partial wages, permanent disability benefits and future medical expenses. Unlike a wrongful death suit, workers' compensation is a no-fault system that recognizes that accidents can happen, even if all safety standards are met -- and most employers are required to carry insurance to cover payments.