Every year, thousands of workers in Gardena and surrounding communities of California suffer injuries while working. When these incidents occur, victims are likely to have many questions concerning how they can recover, who will pay for their medical treatment, and what will happen if they can no longer work and earn income for an extended period of time. If you find yourself in this situation, or if you are caring for a family member who was recently injured at work, you need a Gardena workers’ compensation attorney you can trust to help you recover.
The Canlas Law Group is a seasoned team of attorneys offering compassionate legal counsel to injured workers in the Gardena area. We know how challenging it can be to confront the various legal issues you will face after a workplace injury and the uncertainty that follows any serious personal injury in Gardena. Our firm can answer your most pressing legal questions, help you develop a roadmap to recovery, and guide you through every step of the process of securing the benefits you need to recover as fully as possible from your injury.
The workers’ compensation laws of the state are some of the most robust in the country, and the purpose of these laws is to provide a financial safety net to workers who are left injured and/or disabled from accidents at work. Virtually every employer in the state must have workers’ compensation insurance, and all employers are required to facilitate their employees’ claims. Unfortunately, not all employers fulfill these legal duties, and any injured worker may encounter a host of potential issues with their claim. We can help overcome the obstacles between you and your recovery in the most efficient manner, exploring every avenue of legal recourse available to you after your workplace injury.
Some industries, like construction and manufacturing, are inherently more dangerous than others, but the reality is that workplace accidents can happen almost anywhere, even in seemingly safe workplaces. A few of the most commonly reported types of workplace injuries that generate workers’ compensation claims in the Gardena area include:
If you are unsure whether your injury qualifies for workers’ compensation benefits in Gardena, if it occurred during work, or as a direct result of you performing your job duties, you likely qualify for benefits. Even if you caused the injury yourself from a mistake at work, this should not disqualify you from workers’ compensation benefits if the mistake was made in good faith. However, if you caused your own injury through horseplay in the workplace, working while intoxicated by drugs or alcohol, or through any behavior outside the scope of standard negligence, these factors could interfere with your ability to claim workers’ compensation benefits.
Workers’ compensation usually provides an injured worker with two kinds of compensation. First, the insurance carrier will cover the medical treatment costs the claimant needs to achieve maximum medical improvement from their injuries. This includes both immediate medical care following the injury and the rehabilitative care the claimant may need to reach maximum improvement from the injury.
Second, the carrier will provide disability benefits to the claimant. If the injured worker can still work but they are unable to earn the same amount of income as they did prior to their injury, partial disability benefits may be awarded. The claimant will have to report their weekly income to maintain their eligibility for these benefits. If they cannot work at all until they recover, the insurance company may pay out weekly total disability benefits equal to about 67% of the average the claimant earns weekly for 104 weeks. Permanent disability benefits are possible when a worker can no longer work at all in the future, but these are rarely awarded.
It is also possible for an injured worker to be able to file a civil suit for their work injury under certain conditions. Your Gardena workers’ compensation attorney can review the details of how your injury happened and determine whether a specific party bears direct responsibility for the injury. If so, you might be able to file a third-party personal injury claim. The Canlas Law Group can work closely with you to determine all your available options for legal recourse and guide you through the process of obtaining as much compensation as possible for the injury. The sooner you connect with our firm, the sooner we can start guiding you toward the benefits you need to recover as fully as possible from your work injury.
There is no legal requirement to hire an attorney to help with a workers’ compensation claim. You have the right to try to manage the process by yourself, but you would face several significant challenges in doing so. First, you could make mistakes with your claim paperwork that delay the processing of your claim. It is also possible to unintentionally settle for less compensation than you legally deserve due to a lack of awareness of your rights and the benefits that are actually available. Hiring an attorney increases your chances of success with your claim and will likely yield better results than you could hope to reach on your own.
The settlement you receive from the workers’ compensation insurance company will include coverage for your medical treatment and disability benefits reflecting the time you cannot work because of your injury. The average income you earned during the year prior to the injury will typically dictate how much you can receive in disability benefits and how long those benefits will continue. Your Gardena workers’ compensation attorney can provide an estimate of how much you can receive in benefits and help maximize your settlement offer.
Workers’ compensation laws protect employers from civil suits from injured employees. However, there are exceptions to this rule. If your employer does not have required workers’ compensation insurance, then you can file a civil suit against them for the injury. If they injured you intentionally or failed to uphold workplace safety regulations, these issues can form grounds for a civil suit as well. If a third party is the cause of your work injury, you can still claim workers’ compensation benefits and file a third-party claim for personal injuries against the party at fault to recover any damages not covered by workers’ compensation.
California enforces a one-year statute of limitations on workers’ compensation claims, so you need to file your claim no later than one year after the date your injury occurred. However, you should always plan to file your claim as soon as possible after a work injury to have the greatest chance of success with the claim. Any delay will cause the insurance carrier to doubt the validity of your claim. They will assume that if you did not file your claim right away, your injury could not have been as bad as you claimed.
The Canlas Law Group accepts work injury cases on a contingency fee basis. You will not be required to pay anything upfront for our representation, and we do not charge you ongoing fees during your case proceedings. We will take a percentage of the final settlement we secure for you as our fee, but only if we win. If our team cannot secure the benefits you need for any reason, you pay nothing, so there are no economic risks to hiring our firm to help with your claim in Gardena.
Any work injury can interrupt the victim’s life in many ways, from preventing them from working while they recover to causing dramatic medical complications that take months or even years to heal. Whatever your case may entail, you have the greatest chance of reaching a positive outcome when you hire legal counsel you can trust to advise you. Contact us today to schedule a free consultation with a Gardena workers’ compensation attorney and learn more about the professional legal services we can offer in your situation.