Newport Beach Workers Compensation Lawyer

Newport Beach Workers Compensation Attorney

Getting injured on the job can be a frustrating and overwhelming process that means extra doctor visits, missed work, and, too often, financial problems. Workers’ comp is intended to help alleviate that, but the process can sometimes add to the frustration. If you have become injured or sick because of your job, a Newport Beach workers’ compensation lawyer at Canlas Law Group can help you navigate the claims process so you can focus on healing.

Understanding Workers’ Compensation in California

Employers in California are required to provide workers’ compensation insurance to their employees, which pays benefits to workers who are injured or made sick by performing the duties of their job. Workers’ comp covers most paid employees, including full-time, part-time, and seasonal workers, apprentices, and interns.

According to the most recent data, 680,152 workers filed a workers’ comp claim in California in 2023. Of those, 55,158 came from Orange County, which indicates an injury rate of 3.6 injuries per 100 employees.

Most illnesses and injuries that happen because of job duties are covered under workers’ comp, such as injuries from slipping, falling, or other accidents at work, repetitive motion injuries like carpal tunnel syndrome or back pain often require modified duties or temporary leave, and illnesses resulting from being exposed to hazardous chemicals over time.

In many cases, employees can also be eligible for other benefits when they are injured or ill because of work duties. These include social security disability benefits, state disability benefits, and, in some cases, settlements from legal claims against third parties. Workers’ comp and other benefits can often cover:

• Lost wages
• Temporary or permanent disability benefits
• Medical bills
• Job retraining or education for workers who are unable to return to their jobs after their injury
• Death benefits to spouses, dependents, or others

Exclusions

Workers’ comp does not cover injuries or illnesses that are caused by the worker behaving irresponsibly. Examples include performing work duties under the influence of drugs, alcohol, or another intoxicating substance, engaging in horseplay, or ignoring safety regulations when the worker could reasonably comply.

It is important to note that not every worker is always covered by workers’ comp in Newport Beach. Common exclusions can include:

• Independent contractors
• Volunteers
• Student workers who are not paid and receive academic credit instead
• Unpaid interns

However, in some cases, even if you are in one of these groups, the employer may still be liable for expenses if the injury is a result of negligence or hazardous or unsafe working conditions. A qualified personal injury attorney can help you determine liability in your specific case.

Workers’ Compensation Claims

California uses a no-fault workers’ comp system. This means workers can receive benefits without having to prove that their employer was negligent. It also means that workers generally are not allowed to file legal claims against their employers unless they can show that the employer is at fault through gross negligence. In many cases, accepting workers’ compensation benefits may prevent further legal action.

Filing a workers’ comp claim can often be overwhelming. Deadlines are not always clear, certain steps must be followed, and proving that an illness or injury is related to job duties can be challenging, particularly when also dealing with extra doctor visits, medical bills, lost wages, and other difficulties as a result.

Still, employers and insurance companies are notorious for challenging injured workers’ claims. If an employer has a lot of claims, it can invite scrutiny from regulatory boards or higher insurance premiums. Bad-acting employers may try to illegally discourage workers from filing claims or misrepresent the claim as the worker’s fault.

Insurance companies often deny claims or offer only the lowest amount possible, even though many workers do not know this is negotiable.

Employees can often appeal decisions at the Workers’ Compensation Appeals Board District Office at 1065 N Link in Anaheim.

FAQs About Workers’ Compensation Law in Newport Beach,CA

Why Is California Workers’ Comp So Expensive?

California workers’ comp is more expensive than some other states for a few reasons. Our state has higher medical costs than some other places, as well as a high cost of living in general. In addition, California has some of the most pro-employee laws in the country, including more comprehensive coverage for disabilities and vocational rehabilitation. Higher costs lead to higher premiums for employers.

How Do You Calculate a Workers’ Comp Settlement in Newport Beach?

You calculate a workers’ comp settlement in Newport Beach by considering the worker’s average weekly pay, as well as the total medical expenses, future medical costs, loss of earning capacity, and overall impact of the injury or illness on the worker’s life. The state’s benefit formulas account for both current wages and future earning capacity. Insurance companies often start with a low settlement offer, but it is important to remember that it can generally be negotiated.

What Is the Maximum Payout for Workers’ Compensation in California?

Because each case is a little different, there is no one maximum payout amount for workers’ compensation in California. There are maximums for some aspects of the payout, such as death benefits or temporary disability payments. But payouts can also often include medical expenses, vocational rehabilitation, or permanent disability payments. A skilled workers’ comp attorney can help you determine what the payout might be in your particular case.

Does Workers’ Comp Pay for Pain and Suffering in California?

No, workers’ comp does not pay for pain and suffering in California. Instead, it seeks to provide financial support for economic losses like lost wages, medical bills, and job retraining. In cases where pain and suffering are a factor, you may be entitled to file a legal claim against a negligent third party. An experienced personal injury lawyer can help you determine the legal options in your case.

Get the Legal Counsel You Need From a Newport Beach Workers’ Compensation Lawyer

The skilled and compassionate legal team at Canlas Law Group, APLC, has the experience and resources you need to get your desired outcome in your workers’ comp case. Whether that means assisting with the claims process, negotiating with the insurance company, or representing you in court, we have you covered. Contact our office right away to schedule a consultation and discuss your case.