No matter what industry you work in, you should feel safe at work. Although there are risks to every job, it is an employer’s responsibility to prevent workers from getting injured on the job. The law requires that employers follow certain protocols to keep workers safe.
However, despite an employer’s best efforts, it is still possible to sustain an injury in the workplace. In these cases, the law protects you by requiring your employer to offer workers’ compensation benefits.
If you have never filed a workers’ compensation claim, you may not know how the process works. Unfortunately, the road to getting the support that you need can be a complicated one, fraught with paperwork, doctor’s visits, and even legal issues. The best thing you can do for your injury accident case is to hire a workers’ compensation attorney to help you with the process.
Our team at Canlas Law Group offers expert California workers’ compensation support. Whether your situation is straightforward, complex, or somewhere in between, we can help you navigate your workers’ compensation case for the best possible results.
Although there are many workers’ comp lawyers in the Los Angeles area, it is important to make sure that you choose the right one for your case. Our team consists of industry experts who have successfully completed hundreds of workers’ compensation cases during their careers. Not only do we specialize in workers’ compensation and employment law, but we are also personal injury attorneys. This means that we can represent you throughout the duration of the claim, including situations in which a personal injury case is appropriate.
We fight adamantly for the workers of California. We believe that workers should not have to sacrifice their health and wellbeing to earn a living and that every workplace should be safe. With this belief in mind, we work to make sure that every California worker has the resources that they need to pursue their workers’ compensation case.
No other law firm in the Los Angeles area fights as hard or cares as much as we do. We are industry leaders in workers’ compensation law, and we can help you navigate your claim from beginning to end.
Workers’ compensation is a type of insurance policy that employers can purchase. This insurance policy covers employee medical expenses if they get hurt at work. While some states believe that these policies are optional, California recognizes their importance and requires that all employers have workers’ compensation insurance.
Workers’ comp protects both employers and employees. Although employers have to pay a monthly workers’ compensation premium, the policy protects them from having to pay expensive medical bills in the event of a workplace injury. Similarly, the policy protects employees from being liable for medical costs if they get hurt on the job.
Under workers’ compensation laws, an employee cannot sue their employer after being hurt on the job. This protects employers while simultaneously ensuring that employees have access to care, no matter who was responsible for the accident.
Although the workers’ compensation system is meant to help everyone involved, filing a claim and receiving payment can be difficult. The system is often confusing, and employees can easily make crucial mistakes. Furthermore, the insurance companies involved do not always help to make the claims process simple. They may even make things more difficult, which can impede an employee’s ability to get vital medical care.
A workplace injury lawyer can protect employees who are going through the workers’ compensation claim process and ensure that everything is done properly. We can speak to insurance companies on your behalf to help you preserve your claim and receive your compensation in a timely manner.
In some workers’ compensation cases, a personal injury claim is an appropriate addition to your workers’ comp settlement. If this is the case in your situation, we can build and argue your case. With the help of an attorney, you can be sure that you get the most compensation possible for your claim.
Most workers’ compensation claims should be straightforward. The insurance policy is meant to cover your employer regardless of who was at fault for the incident or what was occurring when you got hurt. If you were acting within the normal scope of your duties as an employee, there should be no contest about whether you deserve a workers’ compensation settlement. This is true even if you were not directly performing your job duties.
For example, if you were walking to the bathroom, slipped, and broke your arm, workers’ compensation should cover your injury. Walking to the bathroom is a normal part of the average workday and needs to be covered.
The only occasions when workers’ compensation does not have to cover an injury are if:
In all other scenarios, you should get compensation through your employer’s insurance. This is true even if another employee’s mistake caused your accident.
As mentioned, you cannot sue your employer when you get hurt at work if they have followed workers’ compensation guidelines. However, you may be able to file a claim against a coworker, vendor, or other third party if they caused your injury.
For example, your coworker fails to properly check the company’s equipment but says that all systems have been checked. If a machine then malfunctions and causes you harm, you can take out a personal injury claim against your coworker. In this scenario, your coworker’s negligence caused you to get hurt, which makes them liable for the damage that they caused. You can seek compensation from them through a personal injury claim.
Not all workers’ compensation claims lead to personal injury cases. However, it is important to know that this may be an option for you. When you work with Canlas Law Group, we can go over your experience to determine if a personal injury claim may be appropriate in your case. If it is, we can build and execute the case so that you can focus on the healing process. If you win your personal injury claim, you could get compensation for time spent off work to heal, additional financial support for medical bills, pain and suffering, and more.
When you have a workers’ compensation claim, the money for your medical bills will come from your employer’s workers’ compensation insurance company. Although many people believe that insurance companies exist to help people, in reality they are most concerned with their profits and bottom line. This means that they will go to sometimes extreme lengths to avoid paying a settlement.
Insurance companies may try to avoid paying by attempting to get you to admit fault. If you speak to them on the phone, they will record your call to ensure that they have proof of anything you say. They may ask leading questions or try to get you to take the blame, even if it is not your fault. It is safest to avoid these conversations altogether by directing the insurance company to your lawyer. We can handle these phone calls and dodge their tactics easily, as we have done many times before.
In serious cases, insurance companies often hire private investigators to follow you. Their job is to assess whether your daily activities coincide with your accident claim. They can take any activity that you participate in and try to use it as proof that you are not as hurt as you claim to be. This tactic is invasive and frightening. Having an attorney can help protect you.
When you begin your search for a workers’ compensation attorney, you may feel intimidated by the number of choices that you have. It is important to understand what is important in a workers’ compensation attorney and what is not.
Your workers’ comp attorney should:
Experience is by far the most important factor in choosing an attorney. It is not enough for an attorney to have experience in workers’ compensation in general. Your attorney should have positive experience in cases that are very similar to yours. The more specific the similarities, the better. This exponentially increases your chances of navigating the workers’ compensation system and getting the settlement that you deserve.
If you encounter any lawyers who make you feel ill at ease or otherwise uncomfortable, you should keep looking. Recovering from an injury is a vulnerable process, and you should feel comfortable sharing that vulnerability with your lawyer. If you cannot speak freely about your experience, your case will suffer.
Finally, look for an attorney who also has experience in personal injury law. This way, they can represent you if a personal injury claim against a third party is appropriate.
The average California workers’ compensation settlement is between $2,000 and $20,000. This is a large range because the amount of money you receive is directly correlated with the severity of your injuries. A straightforward injury such as a fracture or a cut will receive less money than something like a traumatic brain injury. Your settlement may also depend upon the extent to which the injury prevents you from living your life as normal and for how long.
A workers’ compensation claim can take 12-18 months to settle. This can put many families at a disadvantage, as there will be medical bills and fees to pay in the meantime. The best thing that you can do to expedite the process is to hire an attorney. We can help you file the paperwork quickly and correctly, both of which can shorten your wait time. We can also navigate any delays that may occur with the court.
A workers’ compensation attorney usually collects between 9 and 12% of your settlement. However, this is not the case in all scenarios. Every law firm and attorney charges differently for their services, so it is important to discuss finances and fee structures with any potential attorneys before you hire them. If an attorney is not upfront about their fees, you should keep looking for someone who can openly and honestly discuss their rates.
Assembling proof is the best way to maximize your workers’ compensation settlement. This means that you should:
If you follow these steps, you will maximize your settlement for your given injury.
If you get hurt at work, it is easy to feel lost and confused about what comes next. This is especially true if your injury precludes you from being able to do your job. Hiring an attorney from Canlas Law Group can make the process feel much more approachable and can maximize the financial support that you receive from your employer’s insurance company. We have years of experience in this field and can help you navigate any injury you may experience.
For more information about how we can help you, please contact Canlas Law Group online today.