When you sustain an injury at work in Montebello, CA, there are additional steps that you need to take. Your workplace will likely file an accident report, and you may need to fill out certain paperwork through human resources. Most importantly, you will need to file a workers’ compensation claim.
Workers’ compensation is not an inherently complicated system, but many employees experience roadblocks during the claims process. Insurance companies, personal injury claims, and additional government support can all make a workers’ comp case take longer than it needs to. This can delay vital financial support and cause additional stress and anxiety.
With the help of a workplace injury attorney, you can navigate your workers’ compensation claim with confidence. Our team at Canlas Law Group is here to represent you after a work injury.
For many years, our team has been representing injured employees across California. During our time in business, we have gained key experience in a variety of case types and circumstances. This experience makes us confident that we can properly represent you in any type of workers’ compensation scenario that you may be facing.
Our firm was built on a foundation of trust and connection. We aim to foster real trust with our clients by being honest, reliable, and tenacious in our pursuit of justice. Our workers’ compensation lawyers work diligently on behalf of our clients. We make sure that the employees that we represent get the care and support that they need during this difficult time.
You need an injury lawyer who can provide honest and trustworthy legal counsel. Look no further than our team at Canlas Law Group.
Most workers are aware of the workers’ compensation system. However, it can be easy to misunderstand the mechanics of it until you must file a claim of your own. If you are going through the claims process, it is vital that you understand the system that you are working within.
Workers’ compensation is a type of insurance that an employer purchases for their workplace. This insurance covers workplace accidents and injuries. This keeps employers and employees from being financially liable for the aftermath of an accident in the workplace.
Although this is not the case in all states, California requires all businesses with one or more employees to have workers’ compensation insurance. In other words, your employer is legally required to have a workers’ compensation insurance policy. In return, employees are not permitted to file a personal injury claim or sue their employer for a workplace accident.
Workers’ compensation should cover most workplace accidents. To be eligible, an employee only needs to be behaving within the normal realm of workplace activities. It is not necessary for the worker to be directly performing their job duties at the time of the accident. For example, you are walking to the bathroom, and you slip and fall. Workers’ compensation insurance should cover your injury. Going to the bathroom is within the normal bounds of daily employee activities.
There are only a few situations for which workers’ compensation insurance is not liable. They include:
In most other scenarios, workers’ compensation should cover workplace accidents. These insurance policies cover several aspects of accidents and injuries, including:
This coverage can be significant, especially if the injury is severe or has significant daily consequences for the victim.
Insurance companies, like many businesses, prioritize their own profits over their customers. This means that the companies will make significant attempts to avoid paying for your injury, even if they are liable to do so.
A common tactic that insurance companies utilize is phone harassment. An insurance adjuster may call you repeatedly to ask you to make a statement. They may make it seem as though you are legally obligated to speak with them or that the situation is urgent. This results in customers making insurance statements before they are ready to do so. The adjuster may ask leading or loaded questions that get victims to seemingly admit their involvement in the accident. The company will parse these statements for any indication of fault. They will look for any signs that the insurance company is not liable for the damages from the accident.
In extreme cases, insurance companies will have victims followed by a private investigator. They will attempt to determine whether the victim’s daily activities coincide with their injury claim. This invasion of privacy makes it difficult to navigate the recovery process.
When you work with an attorney, you can reroute all insurance company calls and inquiries to your lawyer. Because attorneys work with insurance companies regularly, we know how to avoid jeopardizing your claim when we speak with adjusters. We can get the harassing phone calls to stop without admitting fault or otherwise ruining your right to a settlement.
As the law states, an employee cannot file a personal injury claim against their employer after a workplace accident if the employer has workers’ compensation insurance. Since workers’ compensation insurance is mandated for nearly every employer in California, most employees cannot sue their employers. However, you may be able to file a personal injury claim against a third party who was involved in your accident.
Personal injury claims must include evidence of negligence to be valid. In other words, the person responsible must have failed to perform their job duties or responsibilities. They may have broken the law to contribute to or cause your accident.
For example, your coworker is responsible for performing a machinery inspection every morning. They fail to do their daily check, and the machine malfunctions and harms you. You can file a personal injury claim against your coworker because their negligence led to your injury.
Most people can remain on workers’ compensation support for up to 104 weeks, or 2 years. In serious cases, an employee may receive support for 240 weeks, or about 4.5 years. Some victims of workplace accidents must collect disability benefits. These last for 52 weeks for temporary disability or indefinitely for permanent disability. The length that your benefits last will depend on the severity of your injury, your doctor’s orders, and the pace of your healing process.
Yes. If you wish to supplement your workers’ compensation benefits, you can use your PTO, or paid time off, to add to your income. However, you cannot exceed your normal weekly rate between your workers’ compensation benefits and PTO payments. For example, you normally make $1,000 per week, and workers’ compensation pays you $750 per week. You can use PTO to make up the remaining $250 that you are missing, but you cannot go over $1,000.
Your employer cannot fire you because you are taking workers’ compensation or have filed for support. Doing so is considered retaliation, and it is illegal. However, if your employer has other reasons to fire you, such as poor performance or budget cuts, they may be able to do so while you are on leave. Many workplaces will not fire someone on leave to avoid potential retaliation claims and legal action, but it is not guaranteed.
Attorneys all charge differently for their services, but attorney fees for workers’ compensation claims are regulated in California. At the end of your claim, the judge will assign a percentage that your attorney may take from your settlement. The percentage will be either 10%, 12%, or 15%, depending on the complexity and severity of your claim. If you want to know how much to expect to pay, discuss the situation with your attorney during your initial consultation.
No. If your employer has workers’ compensation insurance, as most employers in California are required to have, you may not sue them or create a personal injury claim against them. You may, however, press charges against a third party who caused or contributed to your injury through negligence. Be sure to talk to your attorney if you believe a personal injury claim may be possible in your case.
For more information, or to schedule a consultation about your claim, contact Canlas Law Group today.