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Workplace Injury

WORKPLACE INJURY

WERE YOU INJURED AT WORK? IF YOU CAN’T WORK AND YOU CAN’T GET PAID, HOW CAN YOU AFFORD THE CARE YOU NEED TO GET BETTER? WHAT IS YOUR FAMILY GOING TO DO? WHAT IF YOU WERE EXPOSED TO COVID-19 AT WORK? IT’S AN AWFUL SITUATION. THE CALIFORNIA WORK INJURY LAWYERS AT LAWYERS FOR JUSTICE, PC UNDERSTAND AND ARE READY TO HELP. EMPLOYERS IN CALIFORNIA MUST CARRY WORKERS COMPENSATION INSURANCE, BUT NOT EVERY ACCIDENT OR INJURY IS COVERED. SOMETIMES THE INSURANCE CARRIER DENIES A CLAIM — AND GETTING PAID TAKES AN APPEAL. SOMETIMES IT TAKES A WORK INJURY LAWSUIT.

 

WORKPLACE INJURY

Your Job Can Be Hazardous to Your Health

Every year more than 400,000 Californians are injured on the job. These workplace injuries can take many forms, including repetitive motion injuries (such as carpal tunnel or stress injuries resulting from repeated lifting or twisting), slips and falls, vehicle accidents, lung and breathing problems, and other serious injuries resulting from exposure to toxic substances.

Workers comp claims may be relatively minor, but a workplace accident can be disabling — or even deadly. In 2019, more than 400 Californians lost their lives to a workplace injury.

A Workers’ Compensation Claim is the First Line of Defense

Under California labor law, almost all employers must carry workers’ compensation insurance at a level that’s appropriate to the risks their employees face. This is basically a no-fault system, under which an injured worker can file a claim and be relatively assured that they will receive workers compensation for a work injury.

Special COVID-19 Provisions

On September 17, 2020, Governor Gavin Newsom signed SB 1159, which made it easier for workers who were sick with COVID-19 to claim that the infection was an occupational injury so they could be eligible for workers compensation benefits.

For any lingering side affects from COVID-19 and how it relates to workplace issues, it’s best to discuss the situation with an experienced California workers compensation attorney, as the law regarding a COVID-19 workers compensation claim can be a bit complicated.

What Does Workers Compensation Pay For?

California workers’ compensation benefits may include:

  • Medical Bills: if an employee accrued medical bills from undergoing a medical treatment, they will be reimbursed to help said employee recover from work-related injuries. However, the choice of doctors might be limited. It could also cover future medical costs, depending on the workers comp claim.
  • Temporary Disability Benefits: if an injury prevents a southern California worker from performing their job normally and they lost wages because of their personal injury, they may receive temporary disability benefits. These payments are usually available only after several days of work are missed and often total about two-thirds of the normal wages for the injured employee.
  • Permanent Disability Benefits: if an employee doesn’t recover from his or her injuries, they might receive permanent disability benefits based on the nature and extent of their impairment or injury or workers compensation case.
  • Death benefits: if a Southern California resident dies from a workplace accident or illness, their spouse or children may receive death benefits.

Problems with Workers Compensation Laws

The system is not perfect. Employees who file a workers’ compensation claim give up their right to file a workers comp injury lawsuit that can yield far greater damages. The workers compensation system is also not foolproof.

  • It’s easy for a personal injury victim to miss a deadline and lose their right to payment
  • Injured workers may not be able to choose their own doctor, but instead may have to see the doctor of an assigned insurance company
  • If it’s believed a doctor or medical provider has a bias or missed something in the medical evidence, their assessment is hard to contest
  • Workers comp victims may face repeated requests for records or examinations from medical providers
  • The employer of injured workers may contest their claim, perhaps in an effort to keep its insurance company premiums from rising
  • The employer of an injured worker may have simply failed to carry insurance from an insurance company, or they may claim workers are not covered by the insurance company policy because of an independent contractor worker status
  • There is the unfortunate, but real, risk that an employer may retaliate against their employees for filing a workers compensation claim.

Don’t Give Up! A Workers Compensation Attorney Can Help

Lawyers for Justice, PC’s workers compensation attorney team can help victims with an appeal or file a Southern California workers compensation claim.

The second step might be to file a workers compensation appeal that focuses on the medical records evaluation or the circumstances of an injury to determine fair compensation. Not every employer or insurer is prepared for the pushback of an experienced workers compensation attorney. A workers comp attorney is the right choice to make if someone has been injured on the job.

What Does a Worker’s Compensation Lawyer Do?

Different lawyers excel in different areas. But injured workers benefit most from a workers comp lawyer. An experienced workers comp attorney is able to assist their client in obtaining workers comp benefits and lost wages. The workers compensation attorney team at Lawyers for Justice, PC assists prospective clients in quickly receiving appropriate legal counsel to determine if a workers compensation case is valid. The firm has over a decade of experience fighting for California workers who have been injured at work.

Workers Compensation Spans All Industries

Workers compensation claims can happen in any workplace industry, from a factory, in an office, or out in the field. A workers compensation settlement can come from a driver who was involved in a car accident, an hourly laborer who suffered catastrophic injuries, or salaried clerk who was involved in a fall accident.

Accidents may cause pain, confusion, and distress. Regardless of how badly an employee is injured in the workplace, it’s important that they report their incident. Workers compensation benefits can only be claimed by an employee who reports what happened to them.

“Should I Hire a Workers Compensation Lawyer After a Work Injury?”

This is a question many workers ask themselves – should they hire an experienced lawyer to help them pursue benefits? If the injured person is seeking maximum compensation for their accident, hiring a workers compensation attorney is critical. Workers compensation lawyers know the law and know how to help injured people obtain compensation and financial benefits that are specific to their injury.

How much does a worker’s compensation lawyer cost? If the cost of hiring an experienced attorney is a barrier to receiving help, Lawyers for Justice, PC helps its clients by offering a free consultation. The firm is also a contingency-based compensation attorney firm – so clients only pay for legal services if they win their case. There are no up-front costs. After the case, the firm takes a percentage of the revenue the client was awarded.

Seek a Workers Compensation Attorney as Soon as Possible Following a Workplace Injury

After suffering injuries from workplace accidents, a California worker should seek advice from an attorney and healthcare provider. There are strict deadlines to receive a medical evaluation and submit a workers compensation claim to an insurance company. If those deadlines are missed, it may be hard to obtain compensation. A workers compensation attorney can help navigate the process.

Workers’ Compensation Attorneys Can Help If a Claim is Denied

Many victims who suffered serious injury in the workplace must deal with the uncertain process of submitting a workers compensation petition that is denied. If claim denial is the outcome of submitting a claim, it can lead to anxiety and self- doubt. However, choosing an attorney can help a worker navigate their legal options in reversing their insurer’s decision.

Every year, hundreds of workers compensation claims can be appealed. Retaining an attorney to assist in claim denial is an important step in furthering workers comp cases.

What Are the Most Common Workers Compensation Claims?

The number of workers compensation injuries that a workers compensation attorney may be contacted for is vast and large. An employer is required to provide safety in the workplace, and a good workers comp lawyer will fight to uphold that responsibility and make employers accountable. Many workers compensation injury cases can be avoided using the appropriate safety measures and a proper training system that is upheld by employers.

Contact Lawyers for Justice, PC Today for a Free Consultation

If you’ve experienced an injury at work, contact Lawyers for Justice, PC, and the workers compensation attorney team will determine if an employer violated any federal or state workers compensation laws. Call (818) 647-9323 and receive a free consultation, today.