Huntington Beach Workers Compensation Lawyer

Huntington Beach Workers Compensation Attorney

Workers’ compensation is required for most employers in California, and it provides protections for employees and employers. However, because the process can be complex and has many nuances, employers have a distinct advantage. If performing the duties of your job has resulted in your injury or illness, a Huntington Beach workers’ compensation lawyer at Canlas Law Group, APLC, has the experience to help you navigate the process.

Basics of California Workers’ Compensation

When an employee gets hurt or sick as a result of carrying out the responsibilities of their job, there are many systems in place to help them get the resources they need to recover and continue providing for their family. Depending on the case, a worker may be able to receive federal Social Security disability or state disability benefits, hold a third party liable through a legal claim, or file a claim through their employer’s workers’ compensation insurance.

In 2023, more than 680,000 employees in California filed workers’ comp claims, and more than 55,000 Orange County workers filed a claim for a job-related injury or illness. That is an average of 3.6 injuries per 100 employees.

In general, workers’ compensation pays employees when they become sick or injured while performing their job duties. Workers who are eligible for benefits usually include most paid employees, such as: 

• Full-time employees
• Part-time employees
• Seasonal or temporary employees
• Paid apprentices
• Paid interns

Not all workers are covered. Unpaid student workers and interns, volunteers, and independent contractors are generally not eligible for workers’ compensation benefits. Even when a worker is covered, if the accident is a result of intentional misconduct by the employee, such as violating safety rules or being under the influence of an intoxicating substance, workers’ comp may not be responsible for paying related expenses.

For eligible workers, benefits can cover medical expenses, lost wages, disability payments, work-related retraining in some cases, and death benefits. Conditions that are generally covered include, but are not limited to:

• Serious cuts, burns, or crushing injuries
• Spine, nerve, or brain injuries
• Damage to internal organs, muscles, ligaments, tendons, or other soft tissue
• Cancer or other serious illnesses that occur from prolonged exposure to chemicals
• Loss of vision, hearing, or other senses
• Asthma or other chronic illnesses if they are disabling

Employer Wrongful Action

There are specific regulations for how workers’ compensation should be handled by employers. For example, an employer cannot legally try to keep an employee from filing a claim, make it harder to file a claim, or retaliate against an employee for filing a claim. An employer can, however, challenge a worker’s comp claim or attempt to show the employee acted inappropriately, broke company policy, or inflicted injuries on themselves.

Insurance companies can also deny claims for administrative reasons, like not having proper documentation, or dispute the worker’s claim that the injury is work-related. When they do pay claims, they often offer the lowest possible amount first, and many workers do not know they can negotiate workers’ comp settlements and even appeal decisions with the Workers’ Compensation Appeals Board District Office on N Link in Anaheim.

California does not allow employees to file legal claims against their employers in most cases. However, when the employer is negligent, such as not providing adequate safety gear according to regulations or failing to act in a dangerous work environment, workers may be entitled to seek to recover damages, even if they are not eligible for workers’ compensation, like independent contractors or volunteers.

It is important to note that accepting a workers’ comp settlement may mean no longer being eligible to file a legal claim. A trusted personal injury lawyer can help you determine how the laws apply in your specific circumstances.

FAQs About Huntington Beach,CA Workers’ Compensation Law

How Do You Negotiate Workers’ Comp in California?

To negotiate workers’ comp in California, it is crucial to have a strong understanding of the claims process and workers’ compensation laws. You have to make sure you meet the filing deadlines, get strong supporting documentation, and fully understand the language in the offer. In general, you will be dealing with the insurance company, and it is strongly recommended that you seek legal guidance when negotiating workers’ comp settlements.

Do You Need a Lawyer for Workers’ Comp?

You do not need a lawyer for workers’ comp in every case. Many simple cases are resolved between the injured employee and the workers’ comp adjuster without significant problems or delays. However, more complex cases or those where an employer is disputing the claim may need additional legal and professional guidance to navigate the dispute resolution process and make sure you get the compensation you need.

What Happens if I Reject a Settlement Offer?

If you reject a settlement offer, you can continue to negotiate by making a counteroffer, go through a mediation or other dispute resolution process, or, if the first two options fail, file a legal claim to have a judge make the final determination. A skilled workers’ comp lawyer can help you determine if rejecting a settlement offer is the right option and discuss what your next steps might be in your specific case.

Can You Get Workers’ Comp for an Injury Over Time?

Yes, in many cases, you can get workers’ comp for an injury over time. Such injuries include repetitive motion injuries, hearing loss, chronic illnesses like asthma, or illnesses like cancer. If the injury or illness is caused by performing your job duties, you are often eligible for workers’ comp to pay your medical bills, assist with compensation for any missed work, and, in some cases, get vocational training for a different job.

Canlas Law Group, APLC: Aggressive, Personalized Legal Representation

The experienced legal team at Canlas Law Group, APLC, has a proven track record of helping our clients get favorable results in their legal matters, including workers’ comp claims. Your attorney can review your case and develop a strong legal strategy to make sure you get the compensation you need. Contact Canlas Law Group, APLC, today to schedule an initial consultation to discuss your case and take control of the workers’ comp process.