When workers are injured on the job in Orange County, CA, they have certain legal rights to workers’ compensation benefits. Workers are eligible for restitution for medical bills, lost wages, and other expenses if they get hurt on the job. Employers are required by law to carry workers’ compensation insurance coverage to compensate employees who are injured at work. The legal process for filing work injury claims can be difficult and complicated. For this reason, it is recommended that injured workers seeking a settlement for their work-related injury seek the legal counsel of a workplace injury lawyer to facilitate their claim and optimize their benefits award.
Canlas Law Group is an established and successful group of lawyers that focuses on workplace accident claims. We take a personal approach when forming an attorney-client relationship and are passionate about providing exceptional legal service to every client on an individualized level. In the courtroom, we are aggressive negotiators and maintain a united front against the opposing side. Our firm is different because of our compassion for our clients’ needs and our dedication to seeing every case through to a favorable and optimal outcome, all the while protecting their rights.
There are two types of injuries that constitute a workers’ compensation claim. The first is when the injury occurs during one single event, such as an injury from falling, experiencing a chemical burn, or getting in a car accident while making deliveries. The second type of injury is a repeated exposure injury. These types of injuries occur over time and are the result of repetitive movements, such as repeated hand movements, back movements, or other parts of the body.
Some work-related or stress-related mental illnesses are also covered, and injuries reported after a worker is laid off or fired may not be eligible for compensation. This is one reason why it is important for workers to always report work injuries immediately when they happen or, if it’s an injury that occurs over time, when you notice them. In any case, most employees suffering from workplace injuries find it easier to navigate the system, get their claims accepted, and receive their benefits when they have the services of an employment lawyer. They can guide and advise them throughout the process, allowing them to achieve a quick and successful outcome with less stress.
There are five types of benefits available to someone who is injured at work in California. Each one is described below.
It is the responsibility of the employer to fill out and sign the claim form and submit it to the claims administrator. The claims administrators work directly for the insurance company that handles your employer’s workers’ comp policy. This person may also be called a claims adjuster or examiner. You will receive a copy of the form that was submitted on your behalf, either in person or by mail. Make sure that you keep this copy for your records.
It is up to the claim administrator to decide within a reasonable time whether your claim will be accepted or denied. If you are cleared to perform your original job duties or light-work duties, your primary treating physician will indicate so in their medical report. They will state what kind of work you can and cannot do while recovering and recommend any schedule or assignment changes that may facilitate your recovery. If you disagree with this report, notify the claims administrator about the dispute immediately.
In the meantime, you cannot get fired or punished by your employer for getting hurt at work or for filing a claim against your employer. Furthermore, if your co-workers testify on your behalf, they cannot be punished or fired for doing so. If your injury requires you to miss a significant amount of work, the Family and Medical Leave Act (FMLA) allows up to 12 weeks of unpaid time off, without the risk of termination, for serious medical needs.
When you’ve been injured at work, you may also be eligible for other benefits paid by the Employment Development Department (EDD), including state disability insurance (SDI) or unemployment insurance (UI) in some cases. It is a good idea to apply for these benefits if you’re not working due to your injury in case there are issues with your workers’ comp claim.
You may also qualify for Social Security disability benefits from the U.S. Social Security Administration (SSA). If you do qualify for total disability payments from SSA, your workers’ comp may be reduced. Other benefits may also be available from unions or employers, like sick leave, long-term disability insurance (LTD), group health insurance, or a salary continuation plan.
In most cases, employees may not sue their employer for injuries that they suffered while performing their job duties. However, the workers’ compensation program that is regulated by the state provides adequate support for injured workers. The system acts as sufficient compensation to protect employers from getting sued by their employees.
If you are involved in a workers’ compensation claim case, and you hire an attorney to assist you throughout the process, you will not have to pay your lawyer until you win the case. If you are denied benefits, you will not pay a fee. In most cases where benefits are granted, the average contingency fee for lawyers is 20% of the benefits that you are awarded.
If a workers’ compensation case does not require any negotiation or prolonged period to establish liability, a case can be finalized in as little as 30 days. It depends on how quickly the insurance takes responsibility for the injury claim. If they accept responsibility immediately, there will not be a delay. If they do not, the case will likely need to go to court for an informal hearing, where it will be heard before a judge.
When someone gets hurt on the job, the first thing you should do is assess the situation to see if emergency medical care is necessary. If the injury needs emergency care, call 911. Inform the medical care professionals that it is a work-related injury. Next, tell your employer about your injury. If emergency medical treatment isn’t necessary, get first aid and go to a doctor straightaway to evaluate your injuries. Get a copy of any diagnosis, x-rays, test results, or doctor’s report that you receive, and then call a lawyer to help you file a workers’ comp claim.
Yes, any worker who is injured on the job in California, even an undocumented worker, has a right to file a workers’ compensation claim against an employer for a work-related injury, just as they have the right to receive hourly wage pay and overtime. Workers’ comp benefits for undocumented workers cover the cost of medical bills, and they may cover lost wages in some situations. Undocumented workers might not be eligible for some of the retraining benefits awarded to some injured workers.
If you were injured while performing your job duties, and you’re ready to talk to an Orange County workplace injury lawyer, Canlas Law Group is ready to help you. Our knowledgeable and experienced staff of lawyers and legal team members can advise you on your case. We can work with you to get a favorable outcome that compensates you adequately for your workplace injury. Contact Canlas Law Group today and schedule a consultation.