Laguna Beach Workers Compensation Lawyer

Laguna Beach Workers Compensation Attorney

Some employees are not aware that, in most cases, workers are not eligible to file legal claims against their employers for injuries. State disability benefits or federal Social Security disability benefits may cover expenses, and, in some cases, employees may file legal claims against third parties. However, workers’ comp is the primary remedy. A Laguna Beach workers’ compensation lawyer at Canlas Law Group has the experience to help you navigate the process.

Employers and Workers’ Comp

In general, employers are responsible for covering expenses from work-related illnesses or injuries through workers’ compensation, and in some cases, workers may still have legal grounds to file claims for damages. If you have gotten hurt or sick because of your job in Laguna Beach, one of our skilled lawyers can help make sure you get the compensation you need to move forward.

Employers in Laguna Beach are responsible for their employees’ work-related injuries. To help mitigate the costs of these injuries or illnesses, most employers in California are required to carry workers’ compensation insurance. Like other kinds of insurance, employers pay premiums for certain coverage. This coverage includes the following for full-time, part-time, and seasonal employees, paid interns and apprentices, and other paid workers:

• Temporary or permanent disability
• Missed work
• Hospital, doctor, physical therapy, and other medical bills
• Vocational retraining, in some cases
• Death and dependent benefits

Employees in Orange County filed a total of 55,158 workers’ compensation claims in 2023, an average of 3.6 injuries per 100 employees. Looking at those numbers across the state, California workers had 680,152 claims that year. These include all work-related injuries and illnesses.

Workers’ comp covers a range of illnesses and injuries like burns, head injuries, repetitive movement injuries like bursitis or tendonitis, and chronic illnesses or diseases like asthma or cancer from chemical or hazardous material exposure. In general, if the condition is caused by performing the duties of your job, workers’ comp should cover it.

However, the filing process can be complicated, including tight deadlines and specific steps and documentation, and mistakes can mean losing the opportunity to receive benefits. In addition, a lot of claims from one employer can attract unwanted regulatory attention or lead to rising insurance premiums. These negative consequences motivate employers to avoid paying by minimizing or contesting claims.

What Employees Need To Know About Workers’ Comp

Employers can’t legally try to discourage workers’ comp claims, but some still try. They can, however, challenge their employees’ claims, often by attempting to prove that the worker was being irresponsible or engaging in intentional misconduct, like being under the influence of an impairing substance at work or not following safety regulations.

Other crucial information injured employees should know includes:

• Not all workers are covered by workers’ comp. Some workers are excluded from receiving benefits, such as volunteers, independent contractors, unpaid interns, or student workers receiving academic credit in lieu of payment.
• Insurance companies can deny claims due to improper documentation, challenging the cause of the injury, or other reasons.
• Workers’ comp settlements from the insurance company can be negotiated in most cases. Many times, the first offer from the insurance provider is the lowest amount they are willing to pay. Workers often are not aware that they may be eligible to receive a higher amount and even appeal decisions with the Workers’ Compensation Appeals Board on N Link in Anaheim.
• Workers may be eligible to file legal claims against their employers in some cases. An employer’s negligence or unsafe conditions may provide grounds for a legal claim for employees or workers who may be excluded from workers’ comp claims.
• Accepting workers’ comp benefits may make you ineligible for a legal claim in many cases.

FAQs About Workers’ Compensation Law in Laguna Beach,CA

Can Workers’ Comp Refuse to Pay in California?

Yes, workers’ comp can refuse to pay in California in many cases. The employer can dispute the claim, and the insurance company can deny the claim based on several criteria. Some common reasons for refusing to pay a workers’ comp claim include the injury not occurring at work, the claimant missing the deadline or documentation, or the worker not being eligible for workers’ comp, such as a freelancer.

What Does Partial Impairment Mean?

Partial impairment means that a worker’s ability to perform their job duties is affected by an illness or injury, but they are not fully impaired. This indicates some loss of capacity or function as opposed to total disability. However, the employee can still perform some tasks or duties with restrictions or accommodations, even if they cannot complete all the responsibilities of their pre-injury job.

What Pays More in California, Workers’ Comp or Disability?

In most cases, workers’ comp pays more because it covers medical expenses and is not taxable. Workers’ comp can also make up for work done at a lower pay rate while you recover, whereas disability stops when you are able to return to work, even if it is at a lower rate. Disability also does not usually cover medical expenses. There may be some circumstances where you may qualify for both.

How Do You Counteroffer Workers’ Comp?

To counteroffer workers’ comp, it is essential to make sure you first fully understand the terms of the offer. A counteroffer needs to address any unfair elements of the offer and include evidence to support your proposed amount. Counteroffers should be made in writing. It is highly advised to seek legal guidance before accepting or countering a workers’ comp settlement offer to make sure there are no aspects you are not aware of.

Canlas Law Group, APLC: Compassionate Laguna Beach Workers’ Comp Attorneys

The skilled and experienced legal team at Canlas Law Group, APLC, is committed to excellence in legal representation for Southern Californians. If you are dealing with a workers’ comp case and need help navigating the often frustrating process, contact our office right away to set up an initial consultation. A skilled lawyer can discuss your case, inform you of your legal options, and determine the right next steps for your specific circumstances.