Though many people enjoy their jobs, ultimately, the purpose of employment is to support your lifestyle and family. When a workplace injury hinders your ability to earn a living, it can cause immense financial and emotional stress that makes healing very difficult.
Fortunately, La Mirada, California has many laws that support employees. Unlike other states, employers in California must have workers’ compensation insurance to legally operate a business. This policy protects employers from being sued by their employees after an accident and ensures that employees have financial support if they get hurt on the job.
Unfortunately, many workers’ compensation insurance companies try to avoid upholding their obligations. Many agencies will attempt to deny workers’ compensation claims on unfair or nonexistent grounds to keep profits high and payouts low. This can leave injured employees without the financial support they need after an accident.
If this has happened to you, it is important to understand that you have options. With the help of a workers’ compensation attorney, you can create a claim against the insurance company to get what you are rightfully owed.
Our firm has been helping employees with California workers’ compensation claims for many years. We understand the challenges that you are facing and believe that we can help you to win the settlement that you deserve. No employee should have to suffer financially after their job has harmed them physically. This is why we work hard to hold insurance companies accountable and win your case for you.
Our workers’ comp attorneys have the experience and understanding to stand up against the insurance companies’ lawyers. Though many firms would cower in the face of an experienced corporate legal team, we relish the opportunity to fight on your behalf. We know that insurance companies use questionable tactics and deny legitimate workers’ compensation claims, and we have the tools to bring them to justice. If you want the workers’ compensation settlement that you deserve, our team can help.
Workers’ compensation insurance is a mandatory program for employers in California. Just as with health insurance or auto insurance, the employer pays a monthly premium for workers’ compensation coverage. When an employee gets hurt on the job, the insurance is supposed to pay for the medical bills and damages just as any other type of insurance would.
There are only a few situations in which workers’ compensation insurance companies are not obligated to pay for an accident. These situations include:
In all other situations, workers’ compensation insurance should cover employee injuries and accidents. However, insurance companies will often deny legitimate cases and attempt to claim that one of the above conditions exempts them from their obligation to pay. This puts employees in a difficult position.
A workers’ compensation claim is a tool for employees to press charges against the insurance company that denied their claim. Upon taking the company to court, you can fight for the workers’ compensation that you rightfully deserve. Ultimately, it will be up to the judge and jury to decide whether the insurance company must pay or not.
Many people falsely believe that they can fight their workers’ compensation case without proper legal representation. This is never a good idea. Every insurance company has a team of highly qualified lawyers to represent them in workers’ compensation disputes. Without an attorney of your own, it is nearly impossible to make a legitimate argument and refute the insurance company’s claims. Even if your situation feels obvious to you, the insurance company lawyers will spin the story in their client’s favor. You must be able to systematically refute their claims, something that few people can do without proper training.
An injury is a natural part of a workers’ compensation case. Fighting your own case can add unnecessary stress to your life, which only impedes the healing process. It is important for you to rest and recover and allow qualified attorneys to fight your case. This creates infinitely better results in all aspects of the process.
Finally, it is important to note that there is a lot on the line in these cases. The settlement from workers’ compensation should cover your past and future medical expenses associated with the accident. If you lose, you will either be responsible for these bills yourself or have to forgo treatment altogether, which can be dangerous and extremely unhealthy. With these kinds of stakes, it is essential that you find a qualified attorney to represent you.
Your workers’ compensation case requires that you provide proof that you deserve the settlement that you are seeking. Your attorney will help assemble pieces of evidence that support your claim and show the court that you deserve a financial settlement. Types of evidence include:
When you get into an accident at work, take photos and videos if you are able to. You should also note who is nearby and who could potentially act as a witness. When you see a doctor, ask for copies of their statements and medical records so that you have this information ready for your attorney. These steps can help you to build a solid case and win compensation.
In California, it is illegal for employees to sue their employers after an accident. This is because workers’ compensation insurance is mandatory and should cover legitimate accidents. However, you are still able to press charges against a third party if they were involved in the accident.
For example, let’s say that your coworker came to work under the influence of marijuana. While they were under the influence, they failed to do a proper safety check, and the equipment failed, causing you to fall and break your leg. Your coworker’s action was a direct cause of your injury, and therefore you may be able to create a personal injury case against them.
Not all workers’ compensation cases are eligible for personal injury claims as well. When you work with our team at Canlas Law Group, we can help you determine if you have grounds for a personal injury claim as well as a workers’ compensation claim. We have experience in both fields and can represent you in a personal injury case if you are eligible.
No. Workers’ compensation laws make you unable to sue your employer for reasons relating to workplace injuries or accidents. This restriction exists because your employer’s workers’ compensation insurance should properly compensate you for any injuries you sustain, and therefore suing your employer would be redundant. If you sue anyone for pain and suffering, it will be your employer’s workers’ comp insurance if they deny your claim.
You cannot win a lawsuit against your employer because you cannot levy a lawsuit against your employer for reasons relating to workplace injury. Instead, you can press charges against your employer’s workers’ compensation insurer if it denies your claim. You can win by assembling significant evidence that your injury occurred as a result of your job, that you were not under the influence at the time of the accident, and that you did not cause the accident with poor behavior.
Your workers’ compensation settlement will depend upon the extent of your injuries and the amount of medical attention you require. The average range of workers’ compensation payouts is between $2,000 and $50,000, with the average being $20,000. However, it is difficult to say what your payout will be until you disclose the details of your case with your attorney. Though we can give you an estimate, the exact sum may be unknown until the court case.
Many workers’ comp attorneys charge a percentage of your settlement, generally 5%, 10%, or 15%. However, every law firm is different and has varying policies about attorney fees. Be sure to speak with any potential lawyers about their charges and how much you are responsible for. This helps ensure seamless representation and a stronger case.
Our team has been helping California workers with their workers’ compensation cases for many years. We understand the challenges that you are facing, and we are here to take them on with you. You can trust our expertise, advice, and strategies, as we are a leader in this industry.
To learn more about our services, contact Canlas Law Group online today.