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Suffered a work accident in Long Beach or LA? Chat with a work injury attorney and see how we can help.
Know your rights. Protect your benefits.
Although no one expects to be injured at work, it’s better to know what to expect and the steps you need to follow in the unfortunate event of an accident. In a place like LA, where construction sites, warehouses and other high-risk workplaces are spread, work injuries occur on a daily bases.
An accident can have long-lasting effects on the victim, in some cases preventing the injured individual from working temporarily or even permanently. When this happens, the injured employees are entitled to receiving compensatory benefits that are meant to cover the living and medical treatment costs, job replacement or others. Nonetheless, as in every other insurance-related situation out there, there are cases where the victim’s necessities or rights are not covered or respected. That’s when a workers’ compensation attorney comes into play to level up the game and help you get the compensation you deserve.
On this page, you’ll find information in regards to what you should expect from a worker’s compensation process.
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My employer denies liability for my work accident. What should I do?
Employers denying the liability for a work accident is something that inevitably happens every now and then. Although some might accept the liability initially, they can quickly change their mind at the advice of the representing insurance companies. In cases such as such, it’s important that you have a legal expert by your side to help you navigate through the entire process and ensure your rights are protected and your best interests are prioritised at all times. A work injury attorney or a workers’ compensation professional will have the experience and expertise to deal with insurers and ensure that all pre-action protocols related to your injury are respected. After you seek medical attention and get the first aid or necessary treatment, you should try to gather as much evidence that will support your claim as you can. Some of the pieces of evidence you can claim are:
CCTV footage of the incident, if available
Photos of where the workplace accident occurred
Witness statements and their contact details
A medical report of the injuries you sustained
It is vital that you inform your employer as soon as you suffer a work accident in order to maximise your chances of getting the compensation you deserve. After you have informed your employer, you should be provided with a workers’ compensation claim form within 24 hours. If your employer fails to provide you with the compensation form, you can download it yourself from the DWC1 website.
Can I sue my employer for a work accident I sustained?
Normally, all employees that have suffered an accident in the workplace have to file a worker’s compensation claim to receive the benefits they’re entitled to. Therefore, employees do not need to sue their employers in order to claim their benefits. However, there are four expectations that can apply in certain circumstances. If one of the situations listed below is applicable, the employee has a legal base to sue their employer:
does not have a workers’ compensation insurance in place
has fraudulently tried to conceal or hide the injury and/or its connection to the work site
Intentionally caused the injury
hurt the worker in a different capacity than as the worker’s employer
If the employer hurts one of its workers intentionally, the injured worker is legally able to file a personal injury lawsuit against the employer instead of making a claim for workers’ compensation benefits. The type of injuries that usually fit under the umbrella of personal injuries are the cases in which:
the employer has assaulted or physically abused the employee in the cause
has fraudulently tried to conceal or hide the injury and/or its connection to the work site
Intentionally caused the injury
hurt the worker in a different capacity than as the worker’s employer
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The fault does not lay on the employer in all cases when an employee is hurt on the job. Sometimes, the person in the cause can be injured by another person on the work site. A third-party claim is a personal injury lawsuit against someone that has harmed the victim on the worksite. In cases like these, the defendant is not the victim’s employe. In most cases, defendants are:
a customer or client of the employer
the property owner where the worksite is located
a vendor of the employer
a coworker or supervisor of the victim
Personal injury lawsuits usually request compensation from one of those listed above.
For example:
A lawn-mowing company employee goes to Jim’s house to carry out its work. Jim’s dog breaks loose and bites the employee.
In cases like the one listed above, the injured employee can file a lawsuit against the dog owner, with the dog owner playing the third-party role in these circumstances.
The results of a personal injury claim are supposed to cover the following for the victim:
pain and suffering
loss of consortium or punitive damages
lost wages or reduced earning capacity
medical bills
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Can I reopen a closed workers’ compensation case if my injury gets worse?
A workers’ compensation case is normally considered closed as soon as you have received the benefits you agreed upon in your settlement. If your condition gets worse after your compensation case has been closed, you might be able to reopen it based on where you live.
In the state of California, therefore, in Los Angeles, you can ask to reopen your case within five years after the injury was sustained. Normally this means that you need a new round of medical treatment, and you have to go back on either total or temporary disability, based on the severity of your injury.
Nonetheless, trying to reopen a worker’s compensation case can prove to be quite a challenging thing. Insurance companies try their best to deny reopening requests, and the judges for workers’ compensation are usually reluctant when it comes to reopening new cases.
In cases like this, it’s highly recommended that you opt for the services of an experienced professional who can guide you through the legal labyrinth and improve your chances of getting your case reopened. A work injury attorney will help you grasp a better understanding of the laws that apply in your state and particular situation and gather the necessary evidence to support your case. Additionally, it will represent you in the court of law at your hearing.
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Any employers in the state of California are required by law to pay for the workers’ compensation insurance to provide workers’ medical benefits. There is no deduction from the salary of an individual employee, and all costs are entirely covered by the insurance company.
If you suffered an accident on the job, your first priority should be to seek immediate medical attention and report your injury to your employer. After that, you should be provided with a DWC1 form to fill in order to request your benefits.
Cumulative injuries and health conditions develop gradually as the result of performing repetitive actions or exposure to certain factors. Claiming workers’ compensation benefits for a cumulative injury can be a complicated process, given the fact that you might have to prove that your injury was caused by certain work-related circumstances or factors.
Based on the gravity of your injury or illness, you decide if you need an attorney to aid in your workers’ compensation case. The higher your injuries are at stake in your workers’ compensation process. A work injury attorney can help you overcome any complications in the process and ensure you get the compensation you deserve. If you need a Long Beach accident attorney to help with your case, don’t hesitate to contact us.
Yes, it is. California employers are required by law to have workers’ compensation insurance even if they have less than two employees. Legally, all employees are entitled to receive prompt medical treatment for on-the-job injuries or illnesses no matter who is at fault and, in return, are prevented from suing employers over the injuries.
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Frequently Asked Questions
Why get an attorney after a car accident?
Getting an attorney after a car accident can help you navigate legal processes, communicate with insurance companies, assess damages, negotiate settlements, and ensure fair compensation for injuries and losses.Attorneys can also represent you in court if needed, providing expertise and support throughout the legal proceedings.
How long do you have to contact a lawyer after an accident?
In case of an accident, it's advisable to contact a lawyer promptly. Statutes of limitations vary by state, but in California, the time frame is typically two years from the date of the accident to file a personal injury claim. Acting quickly can ensure legal options remain available and evidence is preserved.
How much do car accident lawyers charge in California?
Car accident lawyers in California typically work on a contingency fee basis, which means they only get paid if they win your case. The standard contingency fee for car accident lawyers ranges from 33.33% to 40% of the total settlement amount. Additional costs, like court fees and expert witness fees, may also apply.
How much are most car accident settlements?
The average car accident settlement typically varies based on factors like the severity of the injury, medical expenses, lost wages, and emotional distress. Settlements can range from a few thousand to millions of dollars, depending on the case specifics.
Is it worth getting an attorney for a car accident?
Getting an attorney after a car accident is worth it, especially if you face significant injuries or challenges. An attorney can navigate the legal process, negotiate with insurance companies, and potentially increase your compensation. It ensures your rights are protected and maximizes your chances of a favorable outcome.
How much does a lawyer cost for a car accident?
The cost of a lawyer for a car accident can vary depending on factors like the attorney's experience, location, and the complexity of the case. Lawyers may charge hourly rates, contingency fees (a percentage of the settlement), or flat fees for car accident cases. It's best to consult with attorneys for specific cost details.
How long after a car accident can you sue in California?
In California, you generally have two years from the date of a car accident to file a personal injury lawsuit. However, if the case involves property damage only, you have three years to file a lawsuit. It's advisable to contact a personal injury attorney promptly to ensure you meet all necessary deadlines.
Can I fire my accident attorney?
You can fire your accident attorney at any time if you are not satisfied with their representation. Notify them in writing and consult with a new attorney to ensure a smooth transition of your case. Make sure to clarify any financial obligations or terms of termination beforehand.
Can I sue my accident attorney?
You can sue your accident attorney for malpractice if they were negligent, breached their duty, or caused harm. Consult another attorney for a second opinion before taking legal action.
How long do car accident lawsuits take?
The length of car accident lawsuits varies, typically lasting from a few months to several years. Factors affecting duration include case complexity, negotiations, trial schedules, settlement agreements, and court backlogs. Consulting a car accident attorney can provide specific insights for your case.
How much do accident lawyers take?
Accident lawyers typically work on a contingency fee basis, taking a percentage of the final settlement or court award, usually ranging from 33-40%. This means they don't get paid unless you win your case. It's important to discuss fee structures upfront.
When to call a lawyer after an accident?
If you experience difficulty in receiving workers' compensation benefits or face challenges reopening a case, it's advisable to contact a workers' compensation attorney. Additionally, if your employer lacks insurance, conceals injuries, or intentionally causes harm, legal advice is crucial.
When to hire an attorney after a car accident?
If you're facing challenges with insurance claims, liability disputes, severe injuries, or complexities in the legal process following a car accident, it's advisable to hire an attorney. Additionally, consider legal help if the accident results in significant financial loss or the involvement of multiple parties in the case.
What is the lawyer fee for car accident?
Typically, car accident lawyers work on a contingency fee basis, meaning they only get paid if they win the case. The fee is usually a percentage of the final settlement or court award, which can range from 25% to 40% of the total. The exact percentage may vary based on the lawyer and the complexity of the case. It's crucial to discuss fee structures upfront during the initial consultation.
How much compensation for an accident?
In cases of work injuries, compensation varies based on factors like severity, medical costs, and lost wages. Consult a workers' compensation attorney for guidance specific to your situation to ensure you receive the compensation you deserve.
How much does an accident attorney cost?
The cost of an accident attorney varies depending on factors such as location, experience, and complexity of the case. Attorneys typically work on a contingency fee basis, meaning they only get paid if you win your case, usually taking a percentage of the settlement. Some may offer free initial consultations. It's best to inquire directly with the attorney for specific pricing details.
What is the average settlement for a car accident in California?
The average settlement for a car accident in California can vary greatly depending on factors like the severity of injuries, property damage, and liability. Typically, settlements range between $15,000 to $30,000 for minor injuries and up to $75,000 to $100,000 for more severe cases. However, each situation is unique, and it's best to consult with a California car accident attorney for an accurate estimate tailored to your specific circumstances.
Why hire an attorney for a car accident?
Hiring a car accident attorney ensures legal protection, maximizes compensation, handles insurance companies, and navigates the complex legal system for you. Their expertise and experience increase the chances of a successful claim resolution.
How long does a car accident settlement take with a lawyer?
The duration of a car accident settlement with a lawyer varies case by case, but typically settlements can take months to years. Factors affecting the timeline include the complexity of the case, negotiations, and any potential court proceedings involved. Working closely with your lawyer can expedite the process.
When should you hire an attorney for a car accident?
Hiring an attorney for a car accident is recommended if you face legal complexities, severe injuries, disputes with insurance companies, or if you're unsure of the compensation you deserve. An attorney can navigate the legal process, negotiate settlements, and ensure your rights are protected.
What determines attorney fees in accident cases?
Attorney fees in accident cases are typically determined on a contingency fee basis, meaning the lawyer only gets paid if they win the case and a percentage of the final settlement amount. The exact percentage can vary but is usually around 33% of the total compensation received. Other factors influencing fees include the complexity of the case and any additional expenses incurred during the legal process.
What steps follow a construction accident injury?
After informing your employer, you should receive a workers' compensation claim form within 24 hours. File the claim to obtain benefits. If employer misconduct is suspected, consider consulting a workers' compensation attorney to address any legal concerns and ensure fair compensation.
How do I choose the right accident attorney?
When choosing the right accident attorney, consider their experience in workers' compensation cases, track record of success, communication style, and availability. Seek referrals, read reviews, and schedule consultations to ensure they meet your needs and can effectively represent you.
What evidence is crucial for accident claims?
Crucial evidence for accident claims includes incident reports, photographs of the scene, witness statements, medical records, and documentation of lost wages. Providing these supports your case and ensures fair compensation for work-related injuries.
Should I negotiate a settlement without an attorney?
It's recommended to consult a workers’ compensation attorney before negotiating a settlement. An attorney can offer legal advice, assess the worth of your claim, negotiate on your behalf, and ensure your rights are protected throughout the process. It's crucial to have expert guidance to secure fair compensation.
Can attorney fees be negotiated after an accident?
Attorney fees are typically negotiable after an accident. It is common for lawyers to work on a contingency fee basis, meaning they only get paid if you receive a settlement. Discuss fee structures and potential negotiations with your attorney during the initial consultation.
What if multiple parties are at fault in accidents?
When multiple parties are at fault in accidents, liability can be shared based on each party's degree of responsibility. Seeking legal advice is crucial to navigate complex situations and ensure fair compensation. It's important to identify all liable parties and pursue claims accordingly.
How soon should I file an accident claim?
It is crucial to file an accident claim as soon as possible after the incident occurs. Promptly informing your employer and completing a workers’ compensation claim form within 24 hours is recommended to initiate the process of receiving the benefits you are entitled to for your work-related injury.
What happens if an accident claim is denied?
If an accident claim is denied, an injured employee can seek help from a workers' compensation attorney to appeal the denial. The attorney can assist in gathering evidence, filing paperwork correctly, and representing the employee's case in front of a judge for a fair review.
Are accident settlements public record in California?
Accident settlements are generally not public record in California. Settlements are often confidential agreements between parties involved in the accident case. However, some details may become public if the case proceeds to trial and a judgment is issued, which would then be a matter of public record.
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