Had a work accident? Talk with a workers comp attorney in California
If you had suffered a work injury in Long Beach or California, you’re probably entitled to workers’ compensation benefits. Schedule a free, zero-obligation consultation with a work injury attorney and find out what benefits can you claim.
Know your rights. Protect your benefits. Get the compensation you deserve.
California’s workers’ compensation system protects workers and offers them financial and health compensation after a work accident. There are a lot of benefits one can be entitled to based on specific factors such as type of injury, gravity, number of dependents, and more. Normally, the worker’s compensation is supposed to cover the loss of wages for the employees who are injured and cannot work to support themselves. Although the process should be relatively simple, injured employees might have to deal with the insurance companies, who often try to deny the claim or settle their case for as little as legally possible.
That’s when a qualified work injury attorney comes into play. They can leverage their expertise and accumulated experience in similar cases to help you navigate through the process and earn the compensation you deserve.
Have azero obligationconsultation with a workers comp attorney in California. Check if you qualify and only pay when your case is won.
What if I cannot afford a lawyer to help with my case?
Most simple personal or work injury cases can be resolved without the intervention of an attorney. You should be able to resolve and settle the claim by negotiating with the employer and insurance companies on your own. However, if your claim gets denied or your accident circumstances are more complex, you’re probably going to need professional legal representation. However, even in these cases, you should not worry about your finances.
We understand that work accidents bring enough physical and mental stress on their own. Adding extra worries about finances in that equation will only make the situation worse. There are people who struggle to make ends meet on a normal basis. Therefore, they cannot afford to invest in a worker’s compensation case. This often causes people to give up their benefits and settle for whatever the insurance company offers then, even in cases where the benefits do not cover their necessities.
That’s why in the workers’ compensation niche, there are law firms like ourselves that work on a contingency fee basis, meaning that you will not have to pay anything until your case is won and settled.
Have a zero obligation consultation with a workers comp attorney in California. Check if you qualify and only pay when your case is won
California workers’ compensation system works on a “no-fault” basis. That means that you do not have to prove that your employer did anything wrong in order to obtain compensation benefits. At the same time, you can still claim compensation benefits even if the work injury you sustained was partially or entirely your fault.
Although workers’ compensation usually covers most injuries sustained on work sites, there are exceptions. For example, if your damage was caused intentionally or came as a result of you operating under the influence of drugs or alcohol, your claim will get denied. If your injury happens as a consequence of you goofing around, your claim can also get denied.
If your injury occurs as the result of a fight you started with a co-worker, you’ll normally be denied any compensation benefits. The pivotal point, in this case, is defined by the classic who “threw the first punch”. No matter if another worker was insulting you verbally, if you started the physical altercation that led to your injury, your compensation benefits will most likely be denied.
Have a zero obligation consultation with a workers comp attorney in California. Check if you qualify and only pay when your case is won
Can I get fired for filing a workers’ compensation claim?
No, you cannot. It is illegal for an employer to punish or fire an employee for filing a worker’s compensation claim. In a lot of cases, injured employees are scared to claim the benefits they’re entitled to, fearing that that might lead to them being fired. We’re here to let you know that this is illegal, and you can pursue further legal justice if this is the case.
Nonetheless, your employer might be able to terminate your employment due to you violating safety requirements or taking unnecessary risks on the worksite. This is a complex issue and a very thin line between what’s legal and what’s not. If you have lost your job after a work injury, we recommend you speak with a work injury attorney that will help you determine whether your contract termination had a legal base or not.
Need help with your worker's compensation claim? Schedule a free consultation with a workers comp attorney in California.
Why should I choose a workers comp lawyer in California?
As stated above, in most cases, you should be able to obtain the worker’s compensation benefits you’re entitled to without too much hassle or the need for legal representation. If your compensation claim is not disputed, you should be able to handle the entire process by yourself. However, if your workers’ compensation claim does not go as smooth as you’d expected and your claim gets denied or settled for less than you think you deserve, you’ll probably need a work injury attorney.
Here are the three main benefits a worker’s compensation attorney brings to the table.
1. Legal Expertise
When things go south, and you find yourself in a complicated debate over your rights, it’s better to have someone by your side who knows the ins and outs of the law. An experienced attorney can provide assistance with your litigation and paperwork and offer you multiple settlement opportunities.
2. Negotiation Skills
If your case gets complicated and goes to court, you’ll find yourself facing a team of experienced lawyers that specialise in finding reasons to get your claim denied or furtherly delayed. By having a work injury attorney backing you up in the negotiation process, you’ll level your chances of getting a positive outcome.
3. Case Experience
Workers’ compensation attorneys handle hundreds of claims and cases similar to yours. The experience they accumulate in their career will help you avoid any additional hassle or mistakes that you’d normally face.
Need help with your worker's compensation claim? Talk to a work injury attorney for free and get the benefits you deserve
If your initial workers’ compensation claim got denied, it could be due to a minor error in the paperwork. Feel free to schedule an appointment with one of our dedicated professionals and obtain guidance throughout the entire process.
Our advice would be to contact a workers comp attorney in California as soon as possible in order to make the most out of your application. In case of spontaneous work accidents, you have a 30-day application time period in order to maximise your chances. You can contact an attorney if you need help with filing your case or if you find it too complicated to handle it yourself.
Yes, you can. Not all work injuries happen due to a spontaneous accident. Repeated exposure and unhealthy working conditions might cause workers to develop injuries gradually. It’s important that you let your employer know as soon as you become aware that your injury was caused by work factors.
The benefits you could claim depend on a variety of factors. The workers’ compensation insurance in the United States covers a total of five basic benefits: medical care, temporary disability, permanent disability, supplemental job displacement and death benefits. You can find a more accurate description of this topic in this article.
If you suffered a work injury in Long Beach and did not file your worker’s compensation application in time, you’ll probably want to contact a workplace injury attorney. The law in this area is complex enough to allow for circumstances in which you might be excused for missing a deadline or benefit from a time-period extension.
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Frequently Asked Questions
How much do accident attorneys charge in California?
Accident attorneys in California generally work on a contingency fee basis, meaning they only get paid if they win the case, taking a percentage of the settlement. The typical range is 25-40% of the final settlement amount. Some attorneys may also charge hourly rates or flat fees for specific services.
How much do workers comp lawyers charge in California?
Workers' comp lawyers in California typically work on a contingency fee basis, meaning no payment upfront. Fees are a percentage of the settlement once the case is won. It's crucial to discuss specifics during the initial consultation.
Can I sue my employer for injury in California?
In California, if you've been injured at work, you typically cannot sue your employer; workers' compensation is the remedy. However, exceptions exist, like intentional harm or gross negligence. Consulting a workers' compensation lawyer is advisable for personalized guidance.
What is considered a work-related injury in California?
In California, a work-related injury is one that occurs while performing job duties or as a result of work activities. This includes physical injuries, illnesses, mental health conditions, or aggravation of pre-existing conditions due to work-related factors.
How much is the average workers comp settlement in California?
The average workers' comp settlement in California varies widely based on factors like the severity of the injury, medical costs, and lost wages. Settlements can range from a few thousand to hundreds of thousands of dollars, with some exceeding a million for catastrophic injuries. It is recommended to consult a workers' comp attorney for accurate assessment.
What constitutes a workplace injury in California?
A workplace injury in California is any harm sustained while performing work-related duties. It includes physical injuries, illnesses, mental health issues due to work conditions, or aggravation of pre-existing conditions. Injuries sustained during breaks or while on the employer's premises are also covered.
Are repetitive stress injuries covered by workers comp?
Repetitive stress injuries can be covered by workers' comp if they are proven to have been caused by work-related activities. Documentation of the injury's connection to work tasks is crucial for a successful claim. Consulting a workers' comp attorney can help in navigating these cases effectively.
Can independent contractors claim workers compensation in California?
Independent contractors in California generally cannot claim workers' compensation benefits as they are not considered employees. They are responsible for their own insurance coverage and are not covered under their client's workers' compensation policy. However, certain exceptions or misclassifications may warrant a review by a legal professional to determine eligibility for benefits.
How long after an injury can you claim compensation?
In California, workers must report their injury to their employer within 30 days. They have up to one year to file a workers' compensation claim with the state after the injury occurred. It is crucial to report and file within these time limits to ensure eligibility for benefits.
What benefits are available under California workers compensation?
In California, workers' compensation benefits include medical care, temporary disability, permanent disability, supplemental job displacement, and death benefits. These benefits aim to provide financial and health compensation to injured workers, covering wage loss and necessary medical treatment. If facing claim denials or complexities, consulting a workers' comp attorney is advisable.
How to file a workers compensation claim in California?
To file a workers' compensation claim in California, report the injury to your employer immediately, fill out the claim form provided by your employer, seek medical treatment, keep records of all communication, and consider consulting a workers' comp attorney if issues arise.
What is the statute of limitations for workers compensation?
The statute of limitations for workers' compensation claims in California is generally one year from the date of injury or the date you discovered the injury was work-related. It's crucial to file within this timeframe to protect your rights to claim benefits.
Can workers comp claims be reopened in California?
In California, workers comp claims can sometimes be reopened under certain circumstances, such as if there's new medical evidence or if benefits were wrongfully denied. Consulting a workers' comp attorney can help navigate the process effectively.
Are occupational diseases covered under California workers comp?
Occupational diseases are covered under California workers' comp if they are work-related. Workers may be entitled to benefits for conditions developed due to job duties, such as repetitive stress injuries or exposure-related illnesses. Consulting a workers' comp attorney can clarify eligibility in such cases.
How to negotiate a higher workers comp settlement?
Negotiating a higher workers' compensation settlement involves understanding the value of your claim, gathering evidence to support it, and presenting your case effectively. Consider consulting with a workers' comp attorney who can negotiate on your behalf and advocate for fair compensation based on your injuries and losses. Be prepared to negotiate with the insurance company to reach a settlement that adequately covers your needs.
What to do if workers comp claim is denied?
If your workers' comp claim is denied, consider seeking legal help from a workers' comp attorney in California. They can review your case, assess the denial reasons, and potentially appeal the decision or pursue further legal actions to obtain the benefits you deserve.
Can you choose your own doctor under California workers comp?
In California workers' comp, you have the right to select your own treating physician after an initial evaluation by your employer's medical provider network (MPN) doctor. If you're not satisfied, you may choose a doctor outside the MPN for ongoing treatment.
How does permanent disability compensation work in California?
In California, permanent disability compensation is part of workers' compensation benefits, covering lasting impairment from work injuries. It provides ongoing financial support for employees unable to return to their prior employment due to permanent disabilities resulting from work-related incidents. The level of compensation is determined based on various factors, including the nature and severity of the disability as well as its impact on the individual's ability to work.
What are temporary disability benefits in California workers comp?
Temporary disability benefits in California workers' comp provide wage replacement for injured employees who are unable to work during their recovery period. These benefits aim to cover a portion of lost wages until the individual can return to work.
How are workers comp settlements calculated in California?
Workers' comp settlements in California are calculated based on factors such as the extent of injury, permanent disability rating, future medical needs, loss of earning capacity, and legal representation fees. These elements influence the final settlement amount for a work injury claim.
Can pre-existing conditions affect workers comp claims?
Pre-existing conditions can impact workers' comp claims if they are worsened by a work-related injury. Employers are responsible for compensating the extent of the new injury, even if it exacerbates a pre-existing condition. It's crucial to disclose pre-existing conditions when filing a claim to avoid complications.
What is the role of a workers comp judge?
A workers' comp judge is responsible for presiding over workers' compensation cases, ensuring fair and just outcomes. They assess evidence, hear arguments from both sides, and render decisions based on workers' comp laws and regulations. Their role is crucial in resolving disputes and providing injured workers with the compensation they deserve.
How to prove a work-related injury in California?
To prove a work-related injury in California, gather evidence such as medical records, witness statements, and documentation of the incident. Notify your employer promptly and file a workers' compensation claim. Seek legal advice if needed for support in the process.
Can stress-related claims qualify for workers comp?
Stress-related claims can sometimes qualify for workers' compensation if the stress is directly related to work conditions. However, proving these claims can be challenging. Consulting with a workers' comp attorney can help navigate the process and determine eligibility based on individual circumstances.
What happens during a workers comp deposition in California?
During a workers' comp deposition in California, the injured party is questioned under oath by the opposing party's attorney. They will ask about the incident, injuries, medical treatment, and impact on work. The deposition is essential for gathering information and can impact the case outcome.
Are all employers in California required to have workers comp?
In California, all employers are required to have workers' compensation insurance, with very few exceptions. This insurance provides benefits to employees who are injured or become ill due to work-related incidents. It is mandatory to ensure protection for workers and comply with state regulations.
How to report an employer without workers comp insurance?
If you suspect your employer doesn’t have workers' comp insurance, report it to your state's labor department. Provide company details, including employer name, address, and estimated number of employees. You can also contact an employment attorney for guidance on legal options.
What injuries are excluded from workers comp coverage?
Injuries intentionally caused, incurred under the influence of drugs or alcohol, or resulting from employee-started altercations are typically excluded from workers' comp coverage. Consult a California workers' comp attorney for specific case evaluations.
Can you work while receiving workers comp benefits?
In some cases, you can work with restrictions while receiving workers' compensation benefits. It's essential to comply with these restrictions to avoid potential issues with your benefits. Consulting with a workers' comp attorney can provide specific guidance based on your situation.
How does workers comp work for lost wages?
Workers' compensation typically covers lost wages for injured employees unable to work. Benefits are based on injury severity and circumstances, with payments for medical care, temporary or permanent disability, supplemental job displacement, or death benefits. To navigate the process smoothly, seeking legal advice from a workers' comp attorney is recommended to ensure fair compensation.
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