A workplace injury in Long Beach, CA can change everything. When you suffer from a personal injury at the fault of your employer or another worker, it can be bewildering dealing with medical needs, legal implications, insurance companies, an inability to work, workers’ compensation, and any of the other consequences you’re facing as a result of your injury. You need an aggressive workers’ compensation lawyer who can field all these things for you and go to bat for you to negotiate the settlement you deserve.
Canlas Law Group knows the one thing a good lawyer needs—compassion for clients. We have recovered more than $100 million for our clients by understanding their needs and making a commitment to getting the greatest possible outcome in all our cases. We recognize that our workers’ comp clients are suffering and meet them exactly where they need us to. Navigating the California workers’ compensation benefits system is extremely difficult, and we don’t want anyone to have to go through that alone.
If you are involved in a workplace injury claim, the insurance company responsible for paying your claim is doing everything it can to minimize your settlement. In fact, that is what they are in the business for—paying less benefits to make a profit for themselves. They have experience in delaying and denying legitimate workers’ compensation claims. Their lawyers work tirelessly to defeat your chances of receiving a competent settlement, if at all. To match their level of experience, you need an injury attorney who is well-versed in the laws regarding work accident claims. Workers’ compensation laws are put in place to protect both employees and employers. Workers’ comp benefits are limited to the system enforced by the California Division of Workers’ Compensation (DWC), so when someone is injured on the job, these benefits are all that are available. Thus, they must be sought after and fought for.
Once the insurance company sees you are being professionally represented, everything changes. If they offer a settlement, it’s usually the lowest offer they are willing to pay. Negotiation is key in this phase of your case in getting the maximum settlement you need for your workers’ compensation benefits claim. Not only can the right Long Beach workplace injury attorney negotiate on your behalf, but they can also provide assistance with completing and filing claim paperwork and forms and help with locating and scheduling doctors and scheduling your medical-legal exam. Furthermore, your injury attorney can defend you in deposition and litigate for your trial in front of a workers’ comp judge, should it be necessary.
California law requires all employers to carry workers’ compensation insurance on every employee, even if they only have one employee. When you are injured at work, notify your supervisor and ask for the appropriate forms you will need to file a workers’ comp claim. It is also under California law that employers are legally obligated to supply this form to injured employees. Furthermore, after being notified of an employee’s injury, they are required to assist in providing medical treatment for any work injury.
Once you have reported your work injury to your supervisor, seek medical attention directly. If it’s an emergency situation, any doctor can treat you under workers’ compensation insurance. The insurance provider will supply you with a list of local physicians who qualify as workers’ compensation insurance providers. These doctors are certified to examine claimants and make a determination on their disability rating. Workers’ compensation benefit amounts and longevity of payments are directly affected by this rating, so it’s an important part of the process.
Once you’ve completed these steps, the DWC will review your case to determine if you are eligible for benefits. It’s important to remain patient during this time because it could take several weeks to process your claim. You could also be asked to provide more information before they are able to determine your case. Typical workers’ compensation benefits cover medical expenses and temporary disability benefits during the time in which the worker is unable to earn wages due to their work-related injury.
After your claim is accepted by the insurance provider, your medical treatment expenses related to your injury will be paid, and you’ll receive weekly disability benefits on a temporary basis, depending on whether a doctor determines if you are able to work or not. Your disability rating will determine your eligibility for permanent disability benefit payments. A high disability rating could potentially garner permanent disability benefits approval. Permanent disability benefits are ongoing weekly benefit payments from the DWC that will continue for the rest of your life. The DWC is very discerning, however, when qualifying an injured worker for permanent disability payments.
In most cases, temporary benefit payments equal to two-thirds of a worker’s average weekly wages are paid weekly, continuing until the worker is well enough to return to work. If a worker’s condition improves, and they are able to return to work but cannot return to their previous position, they will receive partial disability benefit payments to supplement their diminished income. The disability rating given by the physician plays an important role in determining these factors of workers’ compensation benefits. If a rating was given lower than what it should actually be, or if the DWC denies your claim on a technicality, a worker’s compensation lawyer can be an ideal resource in appealing your workers’ comp claim. Sometimes a workplace injury attorney is all you need to get the ball rolling if the insurance company is dragging its feet about completing your workplace injury case.
With a qualified workers’ compensation attorney and legal team backing you, you can have the confidence to fight for the workers’ compensation benefits you deserve. Having a reliable legal team can help you get an appropriate disability rating from the insurance company’s assigned physician, which will reflect an accurate need for your workers’ compensation benefits. If you have already been denied or are ready to appeal, it is important to have an experienced accident attorney review your case and determine why you are denied. In many cases in which workers’ compensation benefits are denied by the DSW, it’s just a small clerical error in the paperwork. A reputable Long Beach workplace injury attorney can easily and quickly spot the problem, address and correct it, and refile your appeal. Having an attorney makes the whole process easier from start to finish. No matter what phase you are in within the process, it’s never too late to call in professional help if your case is not producing the results you had hoped for.
An employee may sue their employer under five strict circumstances, including if the employer physically assaults the employee, the injury was related to an intentional fraudulent concealment on the part of the employer, the employee is injured outside of work but still to the fault of the employer, the injury is due to the improper installation of a power press machine, or the employer does not carry workers’ comp benefits.
An employee suffering from work-related stress is entitled to workers’ compensation benefits if they can prove the stress was due to unbearable working demands, a work environment that has a high-stress level, or a mix of multiple factors that exceed one’s capability and capacity to cope with job-related stressors. One way to exhibit work-related stress is to show a seeable decrease in efficiency and productivity in comparison to a less stressful time or environment.
In most cases, an employee cannot sue their employer as long as they comply with workers’ comp laws. Injured workers are limited to the California Division of Workers’ Compensation laws, which were put in place to protect both the employer and the employee. Employers are required by law to carry insurance for workers’ compensation benefits; however, if they do not have this coverage and an employee is injured on the job, that employee may sue them at any time following their injury.
California workers injured on the job must adhere to the protocols for filing workers’ comp claims. Your case will ultimately be resolved with a claims administrator. If you cannot come to an agreement with the claims administrator, you must dispute the decision and go before a judge. You can optimize the potential to win your case by hiring a workers’ compensation lawyer to represent you.
If you think it’s time to seek legal advice for your workplace injury claim, Canlas Law Group can help. We don’t get paid unless you get paid, so you have nothing to lose except your case if you don’t get help from a lawyer. We can provide the support and legal counsel you need to navigate your claim successfully and win your case. Contact Canlas Law Group and speak with a member of our legal team today.