Costa Mesa Workers Compensation Lawyer

Costa Mesa Workers Compensation Attorney

Employees in Costa Mesa injured on the job are generally entitled to workers’ comp benefits to pay for their medical care and any time they miss work. If your job caused an injury or illness, a Costa Mesa workers’ compensation lawyer at Canlas Law Group, APLC, can help ensure you get the compensation you need to recover and take care of your family.

Most employers have a responsibility to cover some of the costs associated with a worker’s illness or injury when it is work-related. To help protect themselves from having to pay high medical costs, disability benefits, and other expenses for eligible employees, employers are required to carry workers’ compensation insurance.

What Workers’ Comp Covers

In Costa Mesa, as in the rest of California, if an illness or injury occurs as a result of your job duties, it is generally covered under workers’ comp. Workers do not have to prove that their employer caused the illness or injury. Only that their condition is a result of their job. Eligible expenses include the following:

• Lost wages
• Temporary or permanent disability payments
• Doctor and hospital bills
• Vocational retraining when applicable
• Death and dependent benefits

Common conditions that are eligible for workers’ compensation benefits include back pain, carpal tunnel, and other injuries from repetitive motion, illnesses or diseases that are caused over time by exposure to chemicals or hazardous materials, and other work-related injuries.

Most paid employees are eligible for workers’ comp benefits, including:

• full-time employees
• part-time employees
• seasonal employees
• paid interns
• paid apprentices

In 2023, Orange County had 55,158 workers’ comp claims, a rate of 3.6 injuries per 100 employees. Across the state, California employees filed 680,152 claims for work-related injuries and illnesses.

What Employers Won’t Tell You About Workers’ Comp

Many employers do not want to pay workers’ comp benefits. Even though workers’ compensation is there to protect the employer, there is a downside as well. Things your employer may not tell you about workers’ comp include:

• Your employer can’t legally try to discourage you from filing a claim. But some may still try.
• Your employer does legally have the right to dispute your claim. Too many workers’ comp claims at one business can attract unwanted scrutiny from regulatory bodies or lead to higher insurance costs or even fines for the company. Because of this, employers and insurance companies often push back against employee claims.
• Your HR department is there to protect your employer first. Their job is to make sure the employer complies with regulations and mitigates claims and liability.
• You may not be covered under workers’ compensation insurance. Some positions are excluded, such as independent contractors, volunteers, unpaid interns, and student workers who receive academic credit rather than financial compensation.
• You generally can’t file legal claims against an employer. California’s no-fault workers’ compensation system, which allows workers not to have to show their employer is liable for their condition, means that, in many standard cases, an employee can’t file a legal claim against their employer.
• You may still be able to recover damages in some cases. When the injury or illness is a result of an employer’s negligence, employees may still have grounds for a legal claim. In addition, even if you are in one of the categories that are not eligible for workers’ comp, the employer may still have some responsibility if the injury was caused by negligence or unsafe conditions.
• You may give up the option of filing a legal claim if you accept workers’ comp benefits. In addition, there is a short time to make this decision, after which you may no longer be eligible to receive workers’ compensation benefits. Quick action is essential.
• You might not be eligible for workers’ comp if you were irresponsible on the job, such as working while under the influence of alcohol or drugs, engaging in horseplay, or not following safety rules.
• Your employer or their insurance company may attempt to disprove your claim as intentional misconduct to avoid paying benefits.
• Your settlement offer from the insurance company can be negotiated. Insurance companies can often present a first offer that is the lowest amount they are willing to pay, and many workers are not aware that they may be entitled to a higher settlement amount. In some cases, you can even appeal a determination with the Workers’ Compensation Appeals Board District Office on N Link in Anaheim.

FAQs About Costa Mesa,CA Workers’ Compensation Law

Why Doesn’t Workers’ Comp Pay Your Full Salary?

Workers’ comp doesn’t pay your full salary because it is only designed to provide financial relief for injured workers, not replace their pay. In addition, there may be a limit on the total amount that can be paid weekly, depending on how much your normal salary is. A qualified workers’ comp attorney can help you determine how much you qualify for and navigate the claims process.

What Are the Most Common Work-Related Injuries?

Some of the most common work-related injuries are sprains, broken bones, head injuries, strains, and repetitive motion injuries. Slip-and-falls can lead to sprains, broken or fractured bones, and head or spine injuries.

Strained necks and backs may result from lifting or moving heavy items, especially without the proper safety equipment or technique. Repetitive motion injuries like carpal tunnel can come from workstations for manufacturing, processing, or administrative roles.

Can I Lose My Job Due to an Injury?

Yes, you can lose your job due to an injury in some cases. If your injury prevents you from doing your job even with reasonable accommodations, you may qualify for vocational rehabilitation. In general, you can’t be fired from a job only because you were injured at work or out of retaliation for filing a workers’ comp claim. If that happens, you may have grounds for a wrongful termination claim.

Does Surgery Increase a Workers’ Comp Settlement in California?

In some cases, surgery can increase a workers’ comp settlement in California. Settlements are based on the overall medical expenses, as well as time missed from work to recover. Surgery may increase the time off of work and total cost of medical care, which can often mean an increased workers’ comp settlement as well. But just having surgery does not necessarily mean a higher settlement amount.

Experienced Costa Mesa Workers’ Compensation Lawyer

If you’ve been injured at work, contact Canlas Law Group, APLC, today to schedule a consultation and get the compassionate and fierce legal representation you need for your workers’ comp case.