Anaheim Workers Compensation Lawyer

Anaheim Workers’ Compensation Attorney

No matter how careful you are, you face the danger of a workplace injury. There may be a splash of chemicals that hits you, a hazard may cause you to slip and fall, or a machine may malfunction and hurt you. Regardless of the circumstances, if you experience a workplace injury in Anaheim, CA you deserve support and compensation from an Anaheim workers’ compensation lawyer to assist you while you recover.

Working with an experienced attorney from Canlas Law Group can be indispensable as you file for your workers’ compensation. Our team has decades of combined experience practicing law, so we understand how the system works and can work to ensure that you receive the benefit you are entitled to. We are here to provide you with the guidance, resources, and support you need throughout the entire workers’ compensation process.

Workers’ Compensation: What Is It?

Workers’ compensation is one of the oldest insurance programs in the country. It was created to guarantee that any employee that was injured while on the job would receive compensation for the medical care they needed as well as any wages lost because of their injury. Every employer is required by law to maintain a safe and clean workspace, within reason. There must also be an Injury and Illness Prevention Program (IIPP) in place to ensure that employees are kept as safe and protected as possible while at work.

Every workplace will have a different IIPP, depending on the type of work they do, but this plan is essential for the safety of every work environment. Your employer is required to pay for workers’ compensation benefits if they are needed, so California workers’ compensation is likely a part of their IIPP.

Why You Might File a Workers’ Compensation Claim

There are many ways that an individual could get injured while they are at work. Depending on the circumstances, it is possible that an injury that is directly related to your job would require you to file a workers’ compensation claim. Workplace injuries, regardless of what they are, will fall into one of two categories:

• A One-Time Event. This is likely what most people think of when they consider workplace injuries. A single event may be a slip and fall due to a spill, an accident caused by another worker’s mistake, or exposure to some dangerous chemical. A one-time event will likely remove you from work immediately and could lead to more extended medical care. It is important that you file a workers’ compensation claim for these incidents as soon as they happen.
• Prolonged Exposure to Harm. While single-event injuries are most common, it is also possible to have a workers’ compensation claim related to a long-term exposure to something that causes you harm. This may include a limb injury because your job requires you to repeat the same motion. It can also be exposure to loud or harmful sounds for an extended period of time, which harms your ears. You may file a claim for any injury or illness that you believe is directly related to your work environment, even if it has developed over time.

It is important that you receive the support and guidance you need, no matter the circumstances of your injury. Once you realize that a workplace injury has caused you serious harm and may stop you from working the way you are used to, it is best to find a workers’ compensation attorney to represent your claim.

How to Respond to a Workplace Injury

The first step that you should take when you have been injured at work, whether a one-time event or a long-term exposure, is to inform your employer. Someone in leadership should have a claim form on hand that you will be able to fill out and submit back to your employer. The completion of this form is what begins the full process. It is a legal requirement for all employers to have workers’ compensation insurance, so you should not have to worry about any kind of retaliation for filing a workers’ compensation claim. When your employer has been informed of your injury or medical treatment, you will need to file an official workers’ compensation claim.

How to File for Workers’ Compensation

Filing for workers’ compensation can be a long, time-consuming, and frustrating process if you are unfamiliar with how the system works. You will be best served by working with an experienced Anaheim workers’ compensation attorney at Canlas Law Group. When you are first filing your workers’ compensation claim, there are five steps you will need to take.

1. Let Your Employer Know: Your employer needs to be informed that you are injured and need medical attention first thing. If a single event happens and you are injured, then you should inform your employer as soon as the event occurs before you seek medical attention if possible. If your claim is related to an illness or injury that is the result of long-term exposure, then you should inform your employer once you realize you have a problem and start seeking medical attention.
2. Seek Medical Care: You will need immediate medical care if your injury is severe enough. This will ensure that you are able to recover as well as possible and, hopefully, return to work. Once you have moved past emergency medical care, you will need to find a doctor or provider that is approved and familiar with your specific situation. That will ensure that you receive the best care so you can return to full health quickly.
3. Inform Your Doctor About the Workplace Injury: Especially if you need extended medical care, like physical therapy, this will help your medical provider know how best to treat you. Informing your provider that your injury is work-related will also encourage them to keep an extremely detailed record of your symptoms and your care. This information can be included in your claim.
4. Fill Out a Claim Form: You should receive a claim form from your employer within one day of the injury or accident. This form should be readily available for you and offered as soon as you mention that there has been some sort of incident.
5. Contact an Anaheim Workers’ Compensation Attorney: If you have been treated for your immediate injury needs and filled out the claim form provided by your employer, your next step should be to contact a California workers’ compensation attorney. They can help you know when and how to file the proper claims, keep track of expenses and diagnoses, and fight to guarantee that you receive the compensation and support that you are entitled to.

Anaheim Workers’ Compensation Settlements

Understanding how settlements and benefits are determined is an important aspect of filing a workers’ compensation claim. Most often, workers’ compensation will pay for the costs of your medical care, so long as it is reasonably connected with your injury, for a period of time.

If you must be out of work for an extended period, you may also be able to file for temporary disability benefits. These benefits will be based on your previous weekly pay and will typically pay two-thirds of your normal pay. The current minimum amount is just above $200 each week, while the current maximum is a little less than $1,500 each week.

Average Workers’ Comp Settlement in Anaheim, CA

There are many workers’ compensation claims filed in the United States every year. According to the National Safety Council, the average workers’ compensation claim paid around $41,757 in 2020-2021. This number depends on a variety of factors, including

• How the Injury Was Caused: All workers’ compensation claims include injuries that happened at work, but there are a lot of different injuries that can take place. The most expensive claims were for things like car accidents, burns, and slip-and-falls. The least expensive claims were for cuts, scrapes, strains, or striking against an object.
• What the Injury Is: The nature of the injury itself and its severity can determine much about the amount of money an individual receives. Any claim involving amputation will likely result in a significantly larger payout than normal. Other injuries with larger payouts include burns, fractures, and dislocations. Injuries with lesser claim amounts include sprains, strains, carpal tunnel, and lacerations or punctures.
• Part of the Body Affected: The body part that is injured can greatly affect the individual’s future medical outlook and mobility. Head injuries are typically associated with large settlements, in addition to injuries to the neck, leg, hip, or arm. Injuries to body parts like the knee, face, ankle, abdomen or chest, feet, or hands are usually associated with smaller settlements.

Even with rough figures, each person’s individual claim can vary greatly. To make sure you are receiving an accurate number for your claim, contact an employment attorney today.

Can My Claim Be Denied?

Some workers’ compensation claims are denied, depending on the circumstances. There are some commonalities among denied claims, including

• Lack of Evidence: In order for a workers’ compensation claim to be approved, the employee has to prove that they were participating in a work-related task at the time of the injury. If an individual cannot prove this through photos, medical records, witness statements, or other documents, their claim might get denied. Certain activities do not apply, like:
  • Injuries as a result of traveling to or from work, like car or vehicle accidents
  • If drugs or alcohol were involved in the accident
  • Being injured during an event unrelated to work, like a social event
  • Injuries due to tasks unrelated to work, like practical jokes or roughhousing
• Incorrect Filing: Sometimes, the application for workers’ compensation is filed late or inaccurately, resulting in a claim denial. This process is important to get right the first time, so it can be helpful to receive help from an employment lawyer while filling out workers’ compensation paperwork.
• Not Seeking Medical Help: If an individual does not get medical treatment immediately after an injury happens, an insurance company can claim that the injuries were not as serious as the employee claims they were. There is also no medical record created to prove the injuries actually happened.

Most of these issues with workers’ compensation claims can be remediated with the help of a workers’ compensation attorney. Don’t let such a crucial part of the recovery process be rejected due to a simple error. An attorney can ensure you are meeting the filing deadlines to receive the compensation you deserve.

FAQs About Anaheim, CA Workers’ Compensation law

How much do workers’ compensation lawyers charge in Anaheim, California?

There are certain restrictions in place for what a California workers’ compensation attorney can charge. They must offer a free consultation, per state law, to answer any questions a potential client may have. Most workers’ compensation attorneys only receive payment in the form of a percentage of your settlement, which ranges from 9% to 12% on average. You will likely not have to pay an hourly fee, and the workers’ compensation judge will determine whether the percentage proposed by your attorney is appropriate for your case.

When should I hire a workers’ compensation lawyer?

It is best to hire a workers’ compensation attorney as soon as you have received immediate medical attention for a workplace injury. Working with an attorney is not required when filing a workers’ compensation claim in California, but it can be very beneficial. Working with an experienced workers’ compensation attorney will ensure that you have support and guidance as you navigate a potentially confusing system to receive necessary compensation.

What types of issues are not covered by workers’ compensation?

While workers’ compensation is important, there are some workplace injuries that will not be covered by workers’ compensation. Intentional actions, such as employees harming themselves to collect benefits, will not be covered by workers’ compensation. If an injury is caused by illegal actions, such as being under the influence at work, that will also not be covered by workers’ compensation. Actions that go against the protection plan, such as horseplay that injures one of the involved parties, are also not covered by workers’ compensation because they are not part of required work tasks.

How much is the average workers’ compensation settlement in California?

There is not a set amount of workers’ compensation benefits that you are guaranteed to receive in California. In most cases, workers’ compensation will pay the cost of any necessary medical treatment that arises from your injury. If your injury, or the necessary recovery time, keeps you from working your normal schedule, you may also be able to qualify for temporary disability benefits. These benefits will pay two-thirds of the weekly pay you earned prior to your injury. Currently, the maximum you can receive weekly is about $1,500, and the minimum is around $200.

Canlas Law Group: Your Anaheim Workers Compensation Attorneys

The attorneys at Canlas Law Group have years of experience with all manner of workers’ compensation cases. We are ready to put our expertise to work for you to get the compensation you deserve. Contact the team at Canlas Law Group today for help with your workers’ compensation claim.