Fremont Tesla Work Injury Attorney

Fremont, CA Tesla Work Injury Lawyer

Tesla, the magnanimous electric car manufacturer, has been under legal fire for many years over a range of issues coming from its factory in Fremont, CA. The automaker has been accused on many occasions of violating workers’ compensation laws through various negative practices. If you’ve been a victim of a work injury at Tesla, hiring a Fremont Tesla work injury attorney can ensure you’re protected and increase your chances of obtaining compensation.

Every worker at Tesla’s Fremont factory has a right to a safe working environment and is entitled to workers’ compensation benefits if a compensable injury occurs. If you’ve suffered an injury at Tesla’s Fremont factory, it is imperative that you speak with a qualified and skilled attorney who can protect your rights against questionable practices on the part of Tesla’s workers’ compensation team.

Fremont Workers’ Comp for Tesla Employees

The workers’ compensation attorneys at Wiesner English, P.C., have dedicated their entire practice to helping injured workers receive the complete compensation benefits they deserve. We fight against any attempt to minimize or dismiss injuries and circumvent providing benefits. In addition to offering legal counsel and guidance in filing for workers’ compensation benefits, our team is not afraid to pursue litigation and go to trial when necessary.

For relentless and dedicated representation in your work injury case, speak with a member of our team today.

How Does California’s Workers’ Compensation System Work?

California requires all employers to maintain valid workers’ compensation insurance, as required by the Labor Code. The workers’ compensation system aims to protect both the employers and the employees in the event of a workplace accident. For the employee, workers’ comp provides benefits to cover the costs of medical treatment and lost income, helping employees recover from injuries and maintain financial stability if they are unable to work.

Unfortunately, there is an incentive for employers to minimize the number of claims made in order to keep their paid premiums lower. In some cases, as has been alleged with Tesla, employers can find ways to suppress injured workers from accessing these benefits.

What Does Workers’ Compensation Cover?

Upon successfully filing for workers’ compensation benefits, injured workers may expect to receive some combination of the following coverage:

• Medical expenses. The primary intention of workers’ compensation is to cover medical expenses associated with treating a work-related injury. This includes hospital visits, examinations, treatment, medical procedures, medication, and follow-up care, such as physical therapy.
• Lost income. The secondary coverage offered by workers’ compensation is to reimburse a portion of lost wages on account of work missed due to the industrial injury. Two-thirds of your gross wage before taxes should be covered, and your compensation benefits are considered non-taxable income.

How Has Tesla Been Allegedly Blocking Benefits From Workers?

In a typical workers’ compensation case, an injured worker will go through the following steps toward pursuing benefits:

1. Seek medical attention
2. Report the injury to your employer
3. File a workers’ compensation claim

For many workers at Tesla’s Fremont facility, there have been reports of Tesla providing immediate first aid to workers and then subsequently sending them back to work in full capacity with no other treatment or follow-up.

Legally, the company is not required to report a work injury if it is resolved with simple first aid. Given the leeway first aid claims provide to the employer, there is a possibility that many serious injuries and medical concerns may have been misdiagnosed and undertreated.

Some believe that Tesla misclassified follow-up clinic visits as unrelated personal medical issues for workers who continued to seek medical treatment beyond the onsite first aid. Workers who sought to continue with a workers’ compensation claim have reported repeated difficulty in accessing the appropriate documents from Tesla, as well. Intentionally blocking access to necessary medical care through the workers’ compensation system is not only unethical, but it is also illegal.

On a more systemic level, Tesla has been accused of pressuring doctors to downplay medical issues arising from workplace injuries. Because workers’ compensation benefits are contingent on medical records showing a need for benefits, Tesla employees treated in this way may have needed benefits withheld.

How a Workers’ Compensation Lawyer Can Help

If you’ve been injured at Tesla’s Fremont facility, it is imperative that you secure dedicated workers’ compensation representation as soon as possible. With a qualified and experienced attorney at your side, you can pursue the compensation you deserve without fear of being unlawfully denied.

One of our attorneys can represent you at each step of the process, from obtaining an honest medical examination, reporting the injury to your employer, and filing for workers’ compensation benefits to representing you in court if litigation becomes necessary.

Can I Sue Tesla for Workplace Injury?

Normally, employers are protected from liability in a workplace accident or injury under California’s workers’ compensation law. However, this is voided if the employer in question is found to have committed a violation, such as concealing a worker’s injury or the employer’s part in the accident.

If you can demonstrate that Tesla purposely minimized or sought to conceal your medical condition, you could pursue a personal injury claim against Tesla in place of a workers’ compensation claim. If you believe this is happening or has happened to you, speak with your attorney about the details of your case. They can counsel you on whether a personal injury claim is advisable and fight on your behalf if it is.

Speak With a Tesla Work Injury Attorney Today

The attorneys at Wiesner English, P.C., are undeterred from taking on cases against giants such as Tesla. Our skilled and experienced attorneys are ready to represent you and ensure that you receive the full and fair compensation you deserve and to which you are entitled.

Whether that means helping you file a valid workers’ compensation claim or filing a case against Tesla for wrongful denial of services, our team is ready to handle your case. Don’t hesitate to get started and contact our office today.