California law requires almost every private employer in the state to carry workers’ compensation insurance. If you work in Pismo Beach and suffer an injury doing your job, you likely can file a claim for workers’ compensation benefits through your employer. Unfortunately, this claim process can be more difficult than it seems at first for many injured workers, and it is possible for many issues to arise with your work injury case that complicate your path to recovery. If you are managing an injury from work and aren’t sure what your next steps should be, contact our firm. Our experienced attorneys will work diligently to get you fair compensation regardless of your injury.
Canlas Law Group offers comprehensive legal representation for work injury claims in Pismo Beach and surrounding communities. Our team has succeeded in helping many past clients with their workers’ compensation claims and other legal matters related to their workplace injuries, including third-party personal injury suits and even civil claims against employers.
If you need to file for workers’ compensation benefits in Pismo Beach, our team can guide you through the claim process, ensure the insurer gives you a fair determination of benefits, and help you determine whether you have grounds to pursue further legal recourse for your injury. Whatever your case entails, you can expect personal legal attention from our team through every stage of your recovery.
The workers’ compensation claim process is akin to filing any insurance claim. However, you face the additional complexity of your employer’s involvement in the process, and not every employer upholds their legal obligations under the state’s workers’ compensation laws. Having an experienced Pismo Beach workers’ compensation attorney represent you not only reduces the chances of experiencing this type of mistreatment, but you will also be prepared to address any unforeseen complications that might arise in your recovery efforts.
When you suffer an injury at work you must notify your employer immediately, and they are legally obligated to create an incident report documenting the injury and provide you with the forms needed for filing for their workers’ compensation insurance carrier. If your employer interferes with this process or attempts to convince you not to claim benefits, this could form the foundation of an employment suit against your employer in the near future.
You can seek medical treatment from any doctor during an emergency situation, but once you stabilize you will likely need to undergo a medical evaluation from a physician approved by your employer’s insurance carrier. This doctor will assign you a disability rating based on the level of functional capacity to work that you retain after reaching maximum improvement from your injuries. The higher your rating, the more you can secure in disability benefits.
A successful workers’ compensation claim generally yields two types of compensation. First is medical expense coverage, and your employer’s insurance carrier should cover the medical treatment costs incurred for your work injury. This includes both immediate and ongoing treatment, so if you suffered any serious injury demanding ongoing care, this should be covered through your claim.
Second is disability benefits. These are awarded in various formats based on the scope and severity of a claimant’s injury. When the claimant is completely unable to work until they recover they will receive up to 66.6% of their average pay in weekly disability benefits, and these benefits usually can continue up to 104 weeks. If the claimant is able to work but their earning power has been diminished by their injury, they are likely to qualify for partial disability benefits that help to make up this difference in income.
If you are awarded partial disability benefits, you will need to provide the insurance carrier with medical updates about your recovery and provide earnings reports showing how much income you can earn. You must be accurate and timely in these reports or risk losing your benefits. When you choose Canlas Law Group to represent your work injury case, we will ensure the insurance carrier delivers a fair determination of benefits and help you explore further avenues of legal recourse that may be available to you.
You may have grounds to take legal action outside of the workers’ compensation system. While your claim may cover your medical expenses and a portion of your lost income, you cannot claim pain and suffering compensation through workers’ compensation. However, if a third party outside of your work caused your injury, you can recover compensation for any damages workers’ compensation does not cover.
A third-party personal injury claim is similar to any other type of personal injury case and your Pismo Beach workers’ compensation attorney can help prepare for these proceedings accordingly. While state law does not permit you to file a civil suit against your employer in response to the injury you suffered, there are exceptions to this law. If your employer does not have workers’ compensation insurance, if they allowed unsafe working conditions to persist in your workspace that ultimately caused your injury, or if anyone in your workplace intentionally injured you, these factors may override the employer’s immunity to your civil suit.
Unfortunately, some employers are not only unhelpful with their injured workers’ claims for benefits but choose to directly interfere with those claims. This is known as retaliation and could form the basis of a civil suit against your employer. If you are harassed at work, subjected to a hostile work environment, or wrongfully terminated in response to your claim for workers’ compensation benefits, you should consult a Pismo Beach workers’ compensation attorney to determine whether you have grounds for a civil suit against your employer.
While you may be concerned about the potential cost of your legal counsel in a workers’ compensation claim, your attorney can empower your legal efforts and help you obtain far more compensation than you could have managed alone. Working with an experienced Pismo Beach workers’ compensation attorney will mean a faster recovery process; they can also assist you in exploring further legal recourse if available in your situation.
When you have the right Pismo Beach workers’ compensation attorney handling your case, it may only take a few weeks for you to receive your first benefits check. The team at Canlas Law Group can swiftly evaluate the details of your work injury case, guide you through the claim process, and resolve any issues that arise with your employer’s insurance carrier. If you need to file an employment suit against your employer and/or a third-party personal injury case against the party responsible for your injury, these proceedings could take months to resolve.
The total amount of benefits you secure from your workers’ compensation claim depends on the severity of your injury and whether you can go back to work. On average, claimants in Pismo Beach and surrounding areas receive full medical expense coverage and ongoing disability benefits equal to roughly 66.6% of their average wage. The time these benefits continue depends on the severity of the injury.
California’s workers’ compensation laws generally limit workers’ compensation benefits to 104 payments. However, if a claimant suffered any severe injury, they could qualify for up to 240 weeks of benefits payments. In the event a claimant suffered a catastrophic injury resulting in a permanent disability and they are completely unable to work in the future, they may qualify for permanent benefits. Your Pismo Beach workers’ compensation attorney can advise you as to how much you should expect to receive for your work injury.
The workers’ compensation laws typically prevent injured employees from suing their employers, but there are exceptions to this. If your employer does not have workers’ compensation insurance as required by law then you may file a civil suit against them for your injury. They may also lose their immunity to civil liability if they failed to uphold applicable safety protocols in your workplace or intentionally caused your injury in any way. If a party outside your work caused your injury, you likely have grounds for a third-party claim against them.
Canlas Law Group has successfully assisted many Pismo Beach area clients with workers’ compensation claims over the years of our firm’s operation. When you are struggling in the aftermath of any work-related injury, our team can offer the guidance and support you need to recover as fully as possible. Contact us today to schedule your free consultation with a Pismo Beach workers’ compensation attorney and learn more about the professional legal services we offer.