The workers’ compensation laws of California aim to provide financial security to injured workers while shielding their employers from civil lawsuits for workplace injuries. If you or a loved one recently suffered an injury while working in Paso Robles, you likely do not have the ability to file a personal injury claim against your employer, but you can file a claim for workers’ compensation benefits through their insurance provider.
The workers’ compensation claim system may seem straightforward at first, but unfortunately, many people experience unforeseen complications with their claims. Some employers do not fulfill their legal obligations to their injured workers, and some go so far as to engage in illegal retaliation against employees who seek to file claims for workers’ compensation benefits. Other injured workers have grounds for further legal recourse outside of the workers’ compensation claim system, and they may not realize the full potential of their recovery efforts until they secure reliable legal counsel.
Canlas Law Group has years of experience with workers’ compensation claims in Paso Robles. We know the tactics that insurance carriers often use to try and avoid paying out on claims, and we know how employers will attempt to manipulate and coerce injured workers when they are concerned about their rising insurance premiums. Whatever your situation entails, you can rely on your Paso Robles workers’ compensation attorney to guide you to the benefits determination you deserve after an injury in the workplace.
Filing your claim for workers’ compensation benefits in Paso Robles will be similar to filing most other types of insurance claims, but you face the added complexity of your employer’s involvement in the process. Your employer is legally required to document your work injury in an incident report and provide you with the forms needed for filing your claim. If you require emergency medical treatment you can see any available doctor, but you should expect to undergo a medical evaluation from a doctor your employer’s workers’ compensation insurance provider approved.
This physician will assign you a disability rating depending on the seriousness of your injury and the degree of functional capacity to work you will have after reaching maximum medical improvement. The higher your rating, the more you can receive in benefits. Your Paso Robles workers’ compensation attorney can help to ensure the insurance company processes your claim in good faith and that the doctor who evaluates you measures your condition fairly. Once the insurance company completes its review of your claim, it will deliver its determination of benefits.
Most injured workers in Paso Robles who qualify for workers’ compensation will receive two types of benefits. These include medical expense coverage and ongoing disability payments until they can return to work. Regarding their medical expense coverage, the state’s workers’ compensation laws require the insurance company to pay for any and all medical care the claimant requires, including immediate treatment right after their injury occurs as well as ongoing rehabilitative care. The disability benefits available to the claimant are more variable.
Workers’ compensation disability benefits are typically paid at a rate of about two-thirds of the claimant’s average weekly pay for up to 104 weeks. If, for example, the employee earned about $1,000 per week prior to their injury, they would receive roughly $700 per week in disability payments until they are medically fit to go back to work. If the injury does not entirely prevent the claimant from working and they can handle lower-paying work or light duty that does not earn as much income, they can receive partial disability benefits to make up this difference in earning capacity.
In the event you qualify for partial disability benefits, it is vital to understand your reporting requirements. For example, you must provide updates on your recovery to the insurance carrier and provide earnings reports, notifying them how much you can earn each pay period. Failure to meet these conditions could lead to the termination of your benefits or even an accusation of workers’ compensation fraud.
Your Paso Robles workers’ compensation attorney will be a crucial asset for every stage of your recovery, and you could have grounds for recovery outside of the workers’ compensation claim process. For example, while state law generally prevents you from filing a civil suit against your employer for a work injury, your employer loses this immunity when they have intentionally caused your injury in any way or if they allowed unsafe conditions to persist in your workplace that ultimately caused your injury.
You may also have grounds for further recovery if a third party is responsible for your injury. If any third party outside of your place of employment injured you, you have every right to file a personal injury claim in tandem with your claim for workers’ compensation benefits. This third-party personal injury claim can enable you to secure compensation for any losses workers’ compensation benefits don’t cover. For example, your workers’ compensation claim may only yield disability benefits for approximately two-thirds of the income you cannot earn while you recover. Instead, you could seek compensation for the remainder through your third-party claim, along with pain and suffering compensation from the party responsible for your injury.
Ultimately, many injured workers throughout the state have more options for legal recourse after workplace injuries than they initially realize. A Paso Robles workers’ compensation attorney can offer the guidance and support injured workers need to maximize their recovery through every available channel.
Canlas Law Group has years of experience helping clients in Paso Robles and surrounding communities with their work injury claims. This includes the workers’ compensation claim process, employment suits in response to employer retaliation, and third-party personal injury claims. Whatever your situation demands, you can expect compassionate and responsive support from our team through every stage of your work injury case proceedings.
A: The time you can continue receiving workers’ compensation benefits hinges on the severity of your injury. Most claimants can continue receiving benefits checks for up to 104 weeks. Those who suffered severe injuries can qualify for up to 240 weeks of benefits. If the claimant suffered any permanently disabling injury severe enough to prevent them from working again, they may qualify for lifetime benefits.
A: When you have experienced legal counsel for your workers’ compensation claim in Paso Robles, it may only take a few weeks to finalize your claim and start receiving benefits. When you choose Canlas Law Group to represent you, our team will carefully review the details of your work injury case and provide an estimate of how long it may take to settle your workers’ compensation claim.
A: Workers’ compensation laws typically prevent injured employees from suing their employers as long as those employers have appropriate insurance coverage. However, there are exceptions to this rule. If, for example, your employer or a coworker caused your injury intentionally, you would be able to file a personal injury claim. You could also file a third-party personal injury claim if a party outside of your work caused your injury, and succeeding with this claim could yield a more robust recovery through recompense for damages workers’ compensation won’t cover.
A: On average, most workers’ compensation claims will yield full repayment of a claimant’s medical expenses and ongoing disability payments until they can go back to work. The total amount of benefits you will receive hinges on the severity of your injury and the functional capacity you have after healing as much as possible from the injury. When you choose Canlas Law Group to handle your workers’ compensation claim, we will seek the maximum amount of benefits for your injury.
A: There is no law in California that requires you to hire legal representation for a workers’ compensation claim. However, an experienced Paso Robles workers’ compensation attorney is an invaluable asset for any injured worker who intends to maximize their total benefits. You could have grounds for additional legal action that can improve your recovery that you may overlook on your own.
Canlas Law Group has successfully represented many workers’ compensation clients in Paso Robles and surrounding communities, and we are ready to put this professional experience to work for you. If you are ready to learn how our team can assist you with your workers’ compensation claim and any other legal matter related to your work injury, contact us today and schedule a free consultation with a Paso Robles workers’ compensation attorney you can trust.