Workplace Accident & Injury Attorney in Van Nuys, CA
Most workers’ compensation claims start with a specific, identifiable incident — a fall, a struck-by or caught-in accident, a vehicle collision while working, or another sudden event causing physical injury. California law also recognizes claims where a workplace incident aggravates, accelerates, or “lights up” a pre-existing condition that wasn’t previously disabling — the fact that you had a prior vulnerability doesn’t by itself defeat a claim.
Key Points
- Report the accident to your employer as soon as possible — California requires notice within 30 days, though prompt reporting avoids credibility disputes later
- Seek medical attention promptly and be specific and accurate about how the injury happened
- A pre-existing condition that is made worse, or becomes symptomatic, because of work is generally a compensable new injury or aggravation, even though apportionment to the prior condition may still reduce the award
- Photographs, witness names, and incident reports made close in time to the accident are valuable evidence
Considerations
- Employers and insurers sometimes argue an injury happened outside of work, or question whether it is work-related at all — consistent documentation matters
- Third parties (such as a negligent driver, equipment manufacturer, or a contractor other than your employer) may bear separate civil liability outside the workers’ compensation system
- Apportionment between a prior condition and a new workplace aggravation is a frequent point of dispute in these claims
California Law Note
California applies apportionment principles (Labor Code § 4663, § 4664) that can divide responsibility between a prior non-industrial condition and a new work-related aggravation — having a pre-existing condition does not automatically bar a claim, but it often becomes a contested medical-legal issue.
Related Questions
How do I know if my injury is covered by workers’ compensation?
Most injuries and illnesses connected to your job duties are covered, whether from a single accident or from repeated activity over time (cumulative trauma). Coverage questions are fact-specific — the most reliable way to find out is a free case evaluation, where the facts of how and when the injury happened can be reviewed directly.
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