The workers’ compensation system aims to provide covered employees with swift relief after sustaining injuries at work. Every state enforces different workers’ compensation laws, and California upholds some of the strictest in the country. Virtually every employer is required to purchase and maintain workers’ compensation insurance, and most employees in the state are covered by their employers’ policies when workplace injuries occur.
Unfortunately, many injured employees in the Lakewood, CA, area face unexpected challenges with their workers’ compensation claims. While the claim process seems straightforward initially, the reality is that filing for workers’ compensation benefits is like filing for any other form of insurance coverage. Dealing with insurance companies is much easier with reliable legal counsel supporting you.
When you choose the Canlas Law Group to represent you in a workers’ compensation claim, we can not only streamline your claim process and help you obtain the benefits you need after your injury but also assist you in exploring further options for legal recourse. California’s workers’ compensation laws are complex, and many injured workers are not fully aware of their rights and the recovery options available to them.
Our team will carefully review the details of your recent workplace injury. We’ll help you determine the exact cause of the injury and assess whether one or more parties bear liability for the incident. For example, if your injury occurred because your employer failed to address a known safety issue or was noncompliant with an applicable industry regulation, your employer could face liability for the injury. It’s also possible for a third party to cause a workplace injury. The worker who was injured would need to file a third-party personal injury claim against them to recover losses not covered by workers’ compensation.
Ultimately, any workers’ compensation case can present unexpected challenges, and any workplace injury can cause a host of adverse effects on the victim’s life. Therefore, if you want the best chance of maximizing a workers’ compensation benefits claim and taking full advantage of additional options for legal recourse, it’s vital to speak with an experienced Lakewood workers’ compensation attorney as soon as possible after your injury.
Many workplaces are inherently dangerous, but workplace injuries can also occur in seemingly safe work spaces. A few of the most commonly reported workplace injuries in California include:
Some injured workers in California may wonder if their recent injuries qualify for workers’ compensation benefits. State law requires employers to carry workers’ compensation insurance,even for a single employee. Unfortunately, some employers may attempt to misclassify employees in an effort to evade their workers’ compensation requirements. Others may even retaliate against injured workers who request to file claims. No matter how your workplace injury occurred, working with an experienced Lakewood workers’ compensation attorney is the best way to navigate a workers’ compensation claim and maximize your recovery after a workplace injury.
Workers’ compensation regulations require the worker who was injured to report their injury to their employer as soon as possible. The employer is legally required to provide the employee with the claim forms and other materials needed to file their workers’ compensation claim. Employers may not penalize employees who ask to file workers’ compensation claims or interfere with their claims. The employer will likely require the injured employee to have an examination by a workers’ compensation-approved doctor. This physician will assign the claimant a disability rating that will later determine the scope of the benefits they can receive.
Your Lakewood workers’ compensation attorney can guide you through the claim submission process and clarify any issues you encounter regarding your medical examination. Once you submit all necessary documentation to the insurance carrier, they are required to process your claim in good faith and offer a fair settlement for your claim. Your legal team can help ensure your benefits meet your needs as much as your employer’s policy allows.
Most injured workers who qualify to file workers’ compensation claims in California can expect two main forms of compensation. First, the insurance carrier their employer uses for workers’ compensation will cover any medical treatment costs incurred because of their workplace injury. This includes immediate medical expenses like emergency room care, hospital treatment, and ongoing medical complications resulting from the incident.
The second form of benefits available through workers’ compensation is temporary disability compensation, typically paid weekly until the claimant can return to work. In addition, some claimants can qualify for more expansive disability benefits, such as those who suffer permanent disabilities from construction accidents. Again, your Lakewood workers’ compensation attorney will be an invaluable asset in maximizing the benefits you secure from a workers’ compensation claim.
The benefits available if you succeed in a workers’ compensation claim can makerecovery much easier for the victim and their family. If there are concerns about whether workers’ compensation covers a specific treatment or therapy, the injured worker’s attorney can address any such issues with the insurer. Workers’ compensation is typically the best option for recovery after any workplace injury in California. However, if any party bears liability for causing the injury in question and/or the victim’s damages exceed what workers’ compensation can cover, they may have the ability to take further legal action against the party who injured them.
Typically, California’s state workers’ compensation regulations preclude an injured employee from filing a civil lawsuit against an employer for their injuries while on the job. Workers’ compensation provides the avenue of recovery injured workers need in this situation. However, if a third party caused your workplace injury or your employer does not purchase workers’ compensation insurance as required by state law, a personal injury claim may be your best option for maximizing your recovery.
Success with any personal injury claim requires identifying the defendant and proving they directly caused the plaintiff’s claimed damages. Workers’ compensation can cover the victim’s medical expenses and a portion of their lost income. A personal injury claim can potentially allow them to secure compensation for lost income not covered by workers’ compensation, lost future earning capacity, and compensation for their pain and suffering.
Regardless of whether you can file a personal injury claim against your employer, a co-worker, or a third party, it’s vital to have legal representation you can trust in this situation to reach the best possible outcome for your case.
California law allows the victim of any personal injury to seek full compensation for their economic losses. These economic damages typically include medical expenses and lost income, some of which workers’ compensation can cover. The plaintiff’s personal injury claim can include any remaining economic losses.
When it comes to pain and suffering from a personal injury, an experienced attorney will help their client secure a suitable amount based on the severity of their injury and whether it has any permanent effects. When a plaintiff has sustained any life-changing injury, their pain and suffering compensation could form the bulk of their total recovery.
It’s important to remember that fault is a crucial factor in workers’ compensation and personal injury claims. For example, a workers’ compensation insurance carrier will likely deny benefits if they determine an injured worker caused their own injury through a breach of company safety rules, egregious negligence, or intentional criminal misconduct of any kind. Similarly, if a plaintiff is found partially at fault for causing their personal injury, they will lose a percentage of their case award to reflect their comparative negligence.
If you have any concerns about determining fault for your recent workplace injury, if you do not know how to approach the workers’ compensation claim process, or if you think you should be able to file a personal injury claim following a workplace injury, it’s vital to speak with a workers’ compensation attorney in Lakewood as soon as possible about your case.
Filing a workers’ compensation claim often seems simple enough, but many claimants encounter unexpected difficulties with their claims that they do not know how to address on their own. For example, they may make mistakes in their claim paperwork that lead to delays in the insurance carriers’ handling of their claims, or they could face an unjust denial based on a technicality. With a Lakewood workers’ compensation attorney with the right experience handling your case, you are far less likely to encounter these problems. When unexpected issues arise, you will be equipped to address them appropriately.
The team at the Canlas Law Group in Lakewood, CA, offers comprehensive and client-focused legal representation to injured workers in the area. Our firm has a great deal of experience guiding clients through their workers’ compensation claims in California, and we can put this experience to work for your claim. Our goal in every workers’ compensation case we accept is to help our clients secure as much in benefits as possible from their workers’ compensation claims. Then, when they have grounds for more legal action than their workers’ compensation claim, our team has the personal injury experience they need to file a successful civil claim.
Time is a critical factor after any workplace injury in California. The sooner you secure legal representation, the sooner your attorney can start helping you file a workers’ compensation claim and building a personal injury case if necessary for your recovery. Injured workers are expected to file workers’ compensation claims promptly after their workplace injuries occur, and the statute of limitations for personal injury claims in California is two years from the date the injury occurs. The Canlas Law Group will assist you in determining a fair amount of compensation for the damages you sustained and guide you through the legal proceedings necessary for recovering your losses with a personal injury action if workers’ compensation can’t fully cover your damages.
The Canlas Law Group takes time to learn each client’s unique situation, their expectations with their workers’ compensation claims, and any options for further legal recourse available to them. We can advise you throughout the claim process until you reach a suitable determination of benefits from the insurer. If you think you should file a personal injury case, our team has the professional resources and experience needed to maximize your chances of success.
A: California law requires most employers to carry workers’ compensation insurance. Even an employer with just one employee must purchase workers’ compensation insurance coverage for that one employee. However, some employers attempt to misclassify employees as contractors to avoid needing to cover them under their workers’ compensation insurance policies.
A: Some workers’ compensation claims are resolved relatively quickly, and injured workers only need to wait a few days to weeks to start receiving their benefits. Others are not so fortunate and face delays, claim denials, and other obstacles as they work toward securing the compensation they need to recover. Your Lakewood workers’ compensation attorney can estimate the time your case will likely require to reach a conclusion.
A: If a workers’ compensation insurance carrier denies your claim, your attorney can assist you in determining the cause of the denial. If an injured worker caused their own injury due to a failure to abide by a company policy, this could result in the insurance company denying their claim. Likewise, a claim can be denied if the injured worker caused their own injury due to working under the influence of drugs or alcohol or some other egregious breach of workplace safety regulations. Your attorney can advise you as to your best options if you bear any fault for causing your workplace injury.
A: Most people who qualify for ongoing disability benefits in their workers’ compensation claims can continue receiving these benefits for up to 104 weeks. Claimants who do not need these benefits paid consistently can have their 104 weekly payments spread out over five years if necessary. However, if a workplace injury results in permanent disabilities, the claimant could be eligible to receive ongoing disability benefits longer than the typical 104-week limit.
A: Working with an experienced attorney adds significant value to your case, even when accounting for the cost of hiring legal representation. Your attorney can streamline the workers’ compensation claim process and help you secure the benefits you need much more quickly than if you tried to manage alone. When workers’ compensation benefits aren’t enough to fully compensate your losses, a good attorney can potentially help you capitalize on alternative options for legal recourse. You are most likely to maximize your recovery from a workplace injury when you have legal counsel you can trust.
The Canlas Law Group believes in providing client-focused legal counsel for every workers’ compensation case we accept. We know that you have innumerable concerns following a workplace injury. Our goal is to provide ongoing support and guidance so you can approach the recovery process with peace of mind and confidence. If you would like to talk about your case with a workers’ compensation attorney in Lakewood, contact the Canlas Law Group today and schedule your free consultation with our team.