Practice Areas and Legal Definitions

California Workers' Compensation laws and procedures are often complicated and require a skilled lawyer to properly navigate through the process. We fight for the rights of individuals who have been injured or have become disabled as the result of a job-related incident, delivering personalized attention to his clients in the following matters:

Workers’ Compensation:
Workers' compensation is insurance that an employer is required by law to carry in case an employee is injured on the job, or becomes ill, temporarily or permanently disabled, or fatally injured due to circumstances surrounding his or her job.

Although workers’ compensation laws vary from state to state, covered medical care generally includes the following: medical, surgical and hospital services, dental services, crutches, hearing aids, chiropractic treatment, physical therapy, nursing care and prescribed medications. Additional monetary compensation may be provided if an injured employee is temporarily unable to work for more than a certain number of calendar days set by state law, hospitalized as an in-patient, or becomes permanently disabled due to a job-related injury or illness. The right to receive medical treatment at the employer's expense typically continues as long as treatment is reasonable and necessary to treat the injury.

Wrongful Death: 
A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company, or organization. A legal action for wrongful death belongs to the decedent's immediate family members--usually a surviving spouse and children, and sometimes his or her parents.  Under certain circumstances, unrelated minor children living with and supported by the decedent may also bring a claim for wrongful death. In order to bring a successful wrongful death cause of action in California, the following elements must be present:

• The death of a human being caused by another's negligent or intentional conduct.
• The survival of family members who are suffering the loss of financial support, love, care, comfort, supervision, guidance, household assistance and general society previously provided by the deceased.

The general rule in wrongful death cases is that survivors are entitled to recover both economic and non-economic damages that are suffered as a result of the loss of a loved one.  Economic damages in a wrongful death case include awards for the financial contributions the decedent would have made to his or her spouse, children and/or parents, had he or she survived, as well as for burial costs and funeral services in memory of the decedent. Non-economic damages include loss of love, society, companionship, comfort, affection, solace and moral support.

Orthopedic Injuries:
Orthopedic injuries can include injuries involving the spine, bones, joints, muscles, nerves and other parts of the skeletal system. The most common orthopedic injuries are bones fractures, sprains and strains. Sprains describe an injury to a ligament, while strains describe an injury to a muscle. Treatment for orthopedic injuries include medical counseling, medications, casts, splints and therapies (such as exercise or surgery).

Repetitive Stress Injury:
If an individual develops a repetitive stress injury (i.e. carpal tunnel syndrome, tendonitis, tennis elbow, etc.) from duties performed while on the job, he or she may receive workers’ compensation benefits including: his or her choice of doctor(s), full medical care compensation, a lump-sum cash settlement, vocational retraining or re-schooling and permanent wage loss benefits.

Construction/Industrial Accidents:
Construction labor makes up one of the three most dangerous occupations in the United States; each year the industry produces thousands of debilitating injuries and wrongful deaths. Factors that contribute to construction accidents include: workers lifting loads with worn and weathered cables; working on elevated platforms without fall protection or wearing defective safety harnesses and lanyards; working in trenches with improper benching; and using outdated tools and equipment.

Construction site personal injury law is neither practiced nor understood by many personal injury attorneys. As a result, many personal injury construction claims often result in minimal financial compensation due to mediocre or improper legal counsel. Injured construction workers are urged to seek a workers’ compensation lawyer who is knowledgeable in a variety of construction techniques, and who has successfully litigated numerous construction site personal injury cases.

Burn Injuries:
People who have suffered and survived the agony of second, third and even fourth degree burns describe the pain they experienced as among the most severe of all traumatic injuries. Personal injuries involving severe burns commonly result from explosions, premises fires, defective products, motor vehicle collisions, and electric shock, as well as accidental exposure to harmful chemicals and radiation.

Toxic Exposure:
Due to the tremendous growth of corporate industry in the United States over the past fifty years, the number of dangerous, toxic substances in the environment has grown significantly. These are some of the toxic substances and the types of substantial injury they have been proven to cause in humans: lead-based paint (linked to brain damage, especially in children); asbestos (lung cancer, restrictive lung disease); dry cleaning and other solvents (brain damage, major organ damage); pesticides such as dioxin and DDT (birth injuries); and toxic landfill waste (leukemia).

Retaliatory Discharge:
If an individual is terminated from his or her place of employment after reporting a workers’ compensation claim, he or she could be entitled to substantial damages in a retaliatory discharge lawsuit against his or her former employer.

Federal laws prohibit an employer from discharging or discriminating against an employee because of a workers’ compensation injury. If an employer fires or forces the resignation of an injured employee in retaliation for filing a workers’ compensation claim, the employee can file a civil lawsuit against the employer seeking damages in court, provided the employee has evidence to support the allegation. Also, if an employer denies permission for immediate medical attention following a work-related injury, or does not permit an employee to seek the services of other medical professionals in conjunction with assigned company doctors, the employee can seek legal retribution under workers’ compensation laws.

If you have been seriously injured or a loved one has suffered wrongful death as the result of an on-the-job accident in Southern California, and you need the assistance of an experienced Los Angeles Workers' Compensation Lawyer, call Zelman & Buongiorno today at 866-368-3744, or complete the contact form provided on this site to arrange for your free initial consultation. Services are available in English and Spanish.

Frequently Asked Questions

The following information includes frequently asked Workers’ Compensation questions. The answers stated are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel.

What should I do if I get injured on the job?
Seek emergency medical attention if needed, and immediately report your injury to your employer. An injured worker must report any accident to his or her employer, or to any employee of the employer who is in a supervisory capacity (e.g. foreman, superintendent, company nurse, etc.). Notification must be made within a set amount of time (as determined by state law). Most states require that this be done within two to 30 days following an injury.

If an injury occurs over time (for example, a breathing problem or carpel tunnel syndrome), you must report your condition soon after you discover it and realize that it is caused by your work. Your employer will provide you with a claim form on which you must describe your injury, along with details of how, when, and where it occurred. Make sure you save copies of all correspondence with your employer, its insurance carrier and your doctor concerning your workers' comp claim.

Is workers’ compensation the same as State Disability?
Workers' compensation is only for injuries or illnesses that occur due to employment accidents or working conditions. State Disability is for injuries or illnesses that are not work related. You can file a State Disability claim, but you cannot be paid both workers' compensation and State Disability for the same period of time unless, under certain circumstances, your workers' compensation temporary disability rate is less than State Disability; then you may be paid the difference. If your employer's insurance company denies or delays payment, you may be able to receive State Disability temporarily.

Is Carpal Tunnel Syndrome (CTS) considered a "work-related" injury under the Act?
Yes. The courts have ruled that "although Carpal Tunnel Syndrome develops gradually and not the result of a sudden mishap," it is still considered a work-related injury.

If I am out of work due to an on-the-job injury, does my employer or its insurance company have to pay me the same amount I made when I was working?
No. Your "compensation rate" is 2/3 of your average weekly gross wages. This rate is the average of your gross pay over the fifty-two weeks prior to your injury, in the employment in which you were injured. In other words, if you had worked as a truck driver for ABC Trucking for the past eighteen months, your gross wages for the fifty-two weeks immediately preceding your injury would be totaled, divided by the number of weeks worked, and then reduced to 2/3 of that amount to determine your "compensation rate." However, if you are a highly paid employee, your compensation rate is limited to the annual maximum.

If I receive workers’ compensation, can I also sue my employer in court?
Typically, no. Workers’ compensation exists both as a way to benefit injured workers and as a way to protect employers. Workers’ compensation is a no-fault insurance system, meaning an employee can receive benefits in exchange for not suing the employer, regardless of who was at fault.

However, if you are injured because of reckless or intentional action on the part of your employer, or if the establishment in which you were employed was hazardous due to negligence on the part of other workers or the employer, you can bypass the workers’ compensation system and sue your employer in court for a full range of damages, including punitive damages, pain and suffering, and mental anguish. You may also choose to sue in court if your injury was caused by someone other than your employer, such as a visitor or outside contractor, or if a defective product caused your injuries.

Are all on-the-job injuries covered by workers’ compensation? Do all workers qualify?
Workers’ compensation covers most, but not all, on-the-job injuries. The workers’ compensation system is designed to provide benefits to injured workers (regardless of whether the injury is caused by the employer or the employee), but there are limits. Injuries that occur due to employee intoxication or drug use are not covered by worker’s compensation. Coverage may also be denied in situations involving self-inflicted injuries, i.e. an employee who starts a fight, injuries suffered while a worker was committing a serious crime, or injuries suffered when an employee's conduct violated company policy.

Most workers are eligible for workers’ compensation coverage, but every state excludes some workers. Exclusions often include: business owners, independent contractors and casual workers, domestic employees in private homes, farm workers, maritime workers, railroad employees and unpaid volunteers.  Federal government employees are also excluded from state workers’ compensation coverage, but they can receive workers’ compensation benefits under a separate federal law.  In addition, some states do not require workers’ compensation coverage for employers with fewer than a designated number of employees (such as less than three).

When should I hire a lawyer?
You should hire a lawyer if one or more of these issues are present in your case:

1. Your case has been denied.
2. Your case has been accepted, but you are out of work and are not receiving your weekly checks to cover your wage loss.
3. The insurance company has understated your "average weekly wage" and therefore your compensation rate.
4. You are having trouble getting the medical treatment that you believe you need.
5. The case has been neither accepted nor denied, but quite a bit of time has passed since you were hurt, and you are not able to get a response from the employer or insurance company on your own.
6. You have been released by your treating doctor, but you feel you need additional medical treatment.
7. You have been injured at work and subsequently fired by your employer.
8. You have returned to work at a lesser paying job, and your employer or insurance company does not want to make up the difference in wages.
9. You have been released by your doctor and rated for disability, but you believe you are entitled to a greater disability rating.
10. You have been offered a settlement by the insurance company, but you don't know if it is a fair settlement.
11. You simply want the guidance of an experienced professional to help you through the maze of workers' compensation laws and procedures.

If you have been seriously injured or a loved one has suffered wrongful death as the result of an on-the-job accident in Southern California, and you need the assistance of an experienced Los Angeles Workers' Compensation Lawyer, call Zelman & Buongiorno today at 866-368-3744, or complete the contact form provided on this site to arrange for your free initial consultation. Services are available in English and Spanish.

Professional Profiles

If you have been seriously injured or a loved one has suffered wrongful death as the result of an on-the-job accident in Southern California, and you need the assistance of an experienced Los Angeles Workers' Compensation Lawyer, call Zelman & Buongiorno today at 866-368-3744, or complete the contact form provided on this site to arrange for your free initial consultation. Services are available in English and Spanish.

ADDRESS OF THE FIRM:
Zelman & Buongiorno
18425 Burbank Blvd., Suite 600
Tarzana, CA 91356
Telephone: 866-368-3744
Your initial consultation on Workers' Compensation matters is free.
Attorney fees are regulated by law and are generally limited to no more than 15% of your settlement.


Ernest A. Buongiorno

EXPERIENCE:

• 20 years in the area of California Workers' Compensation law and Personal Injury

EDUCATION:

• B.S., Education, William Paterson University, Wayne, New Jersey, 1979
• J.D., Southwestern University School of Law, Los Angeles, 1989

LICENSES:

• California State Bar
• Teaching Credential, State of New Jersey

ASSOCIATIONS:

• California Applicant’s Attorneys Association
• Executive Board Member, San Fernando Valley Bar Association

APPROVED BY THE WCAB: 

• Multiple cash settlements in excess of $100,000
• Multiple trial decisions of 100% disability