Huntington Beach Cumulative Injury Lawyer

Huntington Beach Cumulative Injury Attorney

Cumulative injuries occur when a worker engages in repetitive, traumatic activities over a period of time. When this happens, injured employees should consult a Huntington Beach cumulative injury lawyer to understand their legal rights and options under California law.

Choose an Experienced Injury Lawyer in California

Canlas Law Group has spent years helping hundreds of injured California workers get the compensation they need to feel stable. We’ve helped secure:

• $340,000 for an auto detailer who suffered a cumulative injury to his back
• $333,000 for a machine operator who experienced a cumulative injury to his back and wrists
• $445,000 for a truck driver who experienced a cumulative trauma injury to his neck, back, and shoulders

We’re passionate about protecting the legal rights of our neighbors and community members. Our firm operates on the belief that everyone should have access to competent legal resources. We provide free consultations to workers living in Huntington Beach and the surrounding areas in California.

Workers’ Compensation Benefits in California

In 2023, there were 363,900 workplace injuries and illnesses throughout California. Of these cases, 139,000 required the affected worker to take time off work to recover. Throughout the United States, 9% of adults reported having a repetitive injury in 2021.

Some of the top employers in Huntington Beach include Boeing, Quicksilver, Cambro Manufacturing, and C & D Aerospace. These roles require employees to do frequent, repetitive movements that can lead to long-term pain. Knowing your rights as a California employee can protect you if you develop a cumulative injury.

Injured workers in California are entitled to two main types of benefits:

1. Medical treatment, including doctor and hospital visits, travel costs related to care, medical supplies and devices, and home health care if needed
2. Partial wages. They’ll be paid to you biweekly as two-thirds of your average weekly wage.

Permanent Disability Payments for Injured Workers in California

Depending on the severity of your injury, your age, and the nature of your job, you may be entitled to receive permanent disability payments for your workplace injury.

These payments are based on a percentage of your average wages and increase yearly based on California’s wage growth.

Most employees deemed permanently disabled are considered partially disabled instead of totally disabled. This means that they won’t receive benefits for the rest of their life, but they are eligible for long-term payments.

Evidence to Collect for Your Workers’ Compensation Case

To prove that your injury happened because of your job, you’ll need to provide extensive evidence leaning in your favor. Your lawyer can help with collecting and preserving:

• Eyewitness testimony
• Professional testimony
• Photos and videos of your injuries and the incident site
• Documentation of your financial losses, such as your medical bills
• Documentation of your emotional losses, such as notes from a therapist
• Relevant 911 calls and surveillance footage

Being able to provide as much evidence as possible can help provide clarity to your employer about the nature of your injury. If they still deny your workers’ compensation claim, there are additional steps you can take to secure your benefits.

What to Do if Your Workers’ Compensation Claim Is Denied

It can be difficult to prove that your cumulative injury was caused by work, as these injuries can take a long time to present symptoms. Employers often deny workers’ compensation claims for such injuries. If this happens to you, you have the right to request a hearing to appeal the denial. Your case may be assigned to a hearing judge.

You’ll need to hire a cumulative injury lawyer during this time, as they can advocate on your behalf and increase your chances of a successful appeal.

Before the hearing, you, the insurance company, and your lawyer can meet during a settlement meeting to discuss a settlement. If you’re unable to agree, the case may proceed to trial, where a judge will have the final say.

FAQs About Huntington Beach, CA Cumulative Injury Law

How Long Do I Have to Inform My Employer of My Workplace Cumulative Injury?

Injured employees in California have 30 days to inform their employer of their workplace injury. You’ll need to do this both verbally and in writing. From there, the employer will either approve or deny your claim. If approved, your benefits will start 14 days after you first take time off work for your recovery.

Can I Choose My Own Doctor After a Workplace Cumulative Injury in California?

You may be able to choose your own doctor after being injured at work in California. If you had previously informed your employer in writing of your personal provider, you can continue seeing them for your workplace injury. Additionally, if your employer hasn’t provided a doctor 30 days after you informed them of your injury, you can see any provider you’d like.

Can I Open a Legal Claim Against a Third Party for My Workplace Cumulative Injury?

You may be able to open a legal claim against a third party for your workplace injury. For example, if a faulty product caused your injury, you may be able to open a legal claim against the product’s manufacturer. You can file this at the Central Justice Center, located at 700 Civic Center Drive West in Santa Ana. You’ll have two years from the date of the incident to file your claim. Filing as soon as possible is key to increasing your chances of success.

How Do California Courts Determine Fault in a Cumulative Personal Injury Case?

When determining fault in a personal injury case, courts assign everyone involved in the case a percentage of fault. Any compensation awarded to you will be reduced by your percentage of fault. For example, if you were actively disobeying safety regulations at your job when a faulty product hurt you, you may be assigned 40% at fault for the incident. If you win $100,000, it would be reduced by 40%, making your final settlement amount $60,000.

Hire a Cumulative Injury Lawyer From Canlas Law Group to Help With Your Case

Contact Canlas Law Group today to learn how our skilled attorneys can help you. We offer free consultations to those living in Huntington Beach, as well as the surrounding areas of Los Angeles County, Orange County, San Bernardino County, and throughout Southern California. When you come into our office in Cerritos to discuss your case, you’ll be treated with empathy and respect from the first handshake.