Irvine Workers Compensation Lawyer

Irvine Workers Compensation Attorney

In Irvine, California, employees who have been injured or become ill because of their jobs are generally entitled to receive workers’ comp to cover their medical care and time missed from work. But the claims process can be complicated, especially when you’re dealing with the aftermath of such an injury. If you’re dealing with the workers’ comp claims process, an Irvine workers’ compensation lawyer at Canlas Law Group, APLC, can help.

Workers’ Compensation in California

Workers’ compensation is a type of insurance that employers are legally required to provide to their employees in California. When employees are injured or become ill as a result of performing the duties of their job, they can be eligible to receive benefit payments through workers’ compensation, which can include:

• Medical and healthcare expenses
• Vocational retraining
• Lost wages
• Temporary disability payments
• Permanent disability payments
• Death benefits to beneficiaries and dependents

In some cases, an ill or injured worker may also qualify for state disability benefits, social security disability benefits, settlements from third-party legal claims, or other benefits.

In 2023, California had 680,152 workers’ comp claims across the state. Orange County alone had 55,158 claims that year, which is an injury rate of 3.6 per 100 employees.

Coverage

In California, workers’ compensation covers all full-time, part-time, and seasonal employees. In addition, many paid interns and apprentices are also covered. Most illnesses or injuries that occur as a result of the employee’s job duties are usually covered by workers’ compensation, including:

• Injuries from slip-and-falls
• Repetitive stress injuries like back pain or carpal tunnel syndrome
• Illnesses or diseases caused over time by exposure to hazardous materials

In most cases, independent contractors and unpaid workers, like unpaid interns or student workers, are generally not covered under workers’ comp insurance. Injuries or illnesses that occur as a result of irresponsible behavior like drug or alcohol use, horseplay, or violating safety regulations can also be excluded from eligibility for a workers’ comp claim in some cases.

Workers’ Comp Can Favor Employers

Workers’ compensation insurance can protect employers from having to pay large medical bills and lost wages. Workers’ comp in California uses a no-fault system, which means that a worker does not have to prove that their employer was negligent or otherwise responsible for their injury or illness. They only need to prove that the injury is a result of their job. This system also means that employees generally can’t file legal claims against their employers.

Workers may still be able to file a legal claim in cases where their employer displayed gross negligence. For example, if an employer is aware that safety gear is worn and needs replacing and does not do so in a timely manner, the company may be liable for any injuries that occur as a result. It is important to note that when an employee accepts workers’ comp benefits, it can make them ineligible for legal claims.

The Claims Process

When filing a workers’ comp claim, employees must follow specific steps, which can be complex, especially when the employee and their family are also dealing with their injury or illness. Deadlines are not always clear, and proving the injury is work-related can be challenging.

Because too many workers’ comp claims can bring unwanted attention from regulatory agencies, employers often have trained human resources and legal professionals to help them minimize liability. Some employers may illegally discourage workers from filing a claim or contest the employee’s eligibility for a claim or right to receive benefits.

Insurance companies may also attempt to deny claims. Many people are not aware that workers’ compensation claims can often be negotiated, so insurance companies may start with the lowest amount they are willing to pay, even if the worker is eligible to receive a higher amount. Employees can also appeal decisions at the Workers’ Compensation Appeals Board on N Link in Anaheim.

FAQs About Irvine,CA Workers’ Compensation Law

How Much Do Workers’ Comp Lawyers Charge in Irvine?

How much workers’ comp lawyers charge in Irvine can vary and depends on several factors. For example, the complexity of the case, whether the insurance company offers a fair settlement, and the flexibility of the parties involved can all impact how long a case takes and, therefore, how much a lawyer charges. Be sure to ask about fees, payments, and payment structure at your initial consultation so you are clear about expectations.

Can My Workers’ Comp Claim Be Denied?

Yes, your workers’ comp claim can be denied for a variety of reasons. These can often include employment status as an independent contractor, missing deadlines, not filing the correct paperwork, not providing sufficient documentation, the employer disputing the claim, the injury not happening at work, a pre-existing condition, or many other reasons. If your claim was denied, a skilled attorney may still be able to help you recover your losses.

How Much Is the Average Workers’ Comp Settlement in California?

It is not really possible to determine a true average workers’ comp settlement in California. The amount of a settlement can be drastically different from one case to the next, depending on the individual circumstances, such as the severity of the injury or illness and the impact it has on the worker’s life. The most reliable way to determine how much your settlement might be is by speaking with an experienced workers’ comp attorney.

What Should You Not Say to a Workers’ Comp Adjuster?

First and foremost, you should not lie to a workers’ comp adjuster. Beyond that, it is vital that you do not admit any fault or apologize, downplay the severity of your injuries, make assumptions about the laws for workers’ comp, or accept a settlement offer without consulting with a trusted workers’ comp lawyer. Workers’ comp adjusters work for the insurance company, not the employee, so they may not always have your interests in mind.

Irvine’s Trusted Workers’ Compensation Lawyer

At Canlas Law Group, APLC, we know that workers’ comp claims are the last thing you want to be dealing with after a serious injury. Let our experienced and compassionate legal team help you navigate these challenging issues so you can focus on your recovery and providing for your family. Contact our office today to set up your initial consultation and learn your legal options.