Have you been involved in an accident at work that leaves you injured? When you notified your employer of the incident have they reached out and given you the proper information to file a workers’ compensation claim? Are you struggling to understand the filing paperwork or have filed and gotten a denial notice? Is your employer not taking responsibility and denying your claim? Have you been let go from your job due to your work injury?
If you answered yes to any of the following it is time to contact a workers’ compensation attorney.
Below we will discuss the main reasons you want to discuss your claim with an experienced workers’ comp attorney to ensure you get the maximum benefits that you deserve.
I’ve Been Injured, What’s Next?
2.8 million on the job injuries occur every year. Close to a million of those accidents result in injuries that require days off of work.
When you suffer an injury here’s the first things you must do:
Seek medical help and inform the medical professionals that you sustained the injury at work.
Inform your employer – This is a crucial step. You must inform your employer as soon as possible or within 30 days to make sure you are able to receive benefits if eligible.
File your claim – Your employer has one working business day to respond to your notice of injury with a workers claim form (DWC-1 – if you reside in California) and information about benefits, resources and the filing process. You will fill out the information and return it to your employer to finish inputting the information and then sending it to their insurance company.
Follow up with your employer! If you don’t hear anything within 30 days of filing your claim, it is important to follow up with your employer and your insurance company to check in on the progress of your claim.
Note: if your employer DOES NOT do any of the above to help after your injury, refuses to give you the paperwork, or you do not hear about your claim in a reasonable amount of time, call aworkers’ comp attorney as soon as possible. You don’t want to be stuck paying for medical bills that you shouldn’t have to.
Did You Know?
What is workers’ comp (compensation)? In the state of California any business with at least 1 employee must retain workers’ comp insurance. This insures the company for any accidents that are sustained on the job.
YOU do not pay for workers’ comp insurance like medical or dental insurance. This insurance is the responsibility of the employer as part of the cost of doing business.
The state of California has a no fault rule – meaning even if the accident was ultimately your fault you can still claim it under workers’ comp.
You CANNOT be let go due to your injury. If you are able to return to your job after you’ve recovered your job is legally required to hold your position for you. You cannot just be fired because you’re out for a period of time.
Speak to a Workers’ Comp Attorney
A workers’ comp attorney acts as YOUR advocate, not your employers. They are prepared to help you receive the maximum amount of benefits owed and to ensure that your employer isn’t bypassing any steps of the process. They will also handle any paperwork and communicate to the insurance companies on your behalf.
Here’s How They Can Help:
They focus on the paperwork and let you recover, rehabilitate and heal.
Act as your advocate between your employer and insurance companies.
They are the EXPERTS and are experienced and knowledgeable about the laws, regulations, resources and benefits that you are entitled to.
Your attorney can cut through the red tape and get down to business without missing any pertinent compensation information relevant to your claim.
As you recover you can continue to collect benefits and compensation well after you heal depending on the type of injury that you sustained.
They will follow your claim as long as needed and will always be there to represent you when any issues arise.
Connect with Visionary Law
Over 120 workplace accidents happen DAILY. If you are injured on the job in California, give our law firm, Visionary Law Group a call today. We offer free consultations and advice on how to proceed with a claim in Southern California. We will review your case and decide if we think it is a good idea to move forward and partner with us to receive the maximum benefits you are owed.
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Frequently Asked Questions
What is a workers comp attorney?
A workers’ comp attorney is your advocate, ensuring you receive maximum benefits after a work injury. They handle paperwork, laws, and guide you through the process, protecting your rights against employer negligence. Contact Visionary Law Group for expert representation.
What does a workers compensation lawyer do?
A workers’ compensation lawyer assists with claim paperwork, ensures maximum benefits, protects employee rights, offers legal guidance, and advocates for injured workers against employers. They navigate laws, regulations, and benefits to help injured workers receive proper compensation and support during recovery.
Why do I need a lawyer for workers compensation?
You need a workers’ compensation attorney to ensure you receive maximum benefits, advocate for your rights, handle paperwork, navigate laws, and ensure proper employer compliance. A lawyer will help you through the process and protect your rights in case of any disputes.
How much is a workers comp attorney?
The cost of a workers' comp attorney is often on a contingency fee basis, typically around 15-25% of the settlement. Most attorneys offer free initial consultations. Consulting an attorney can ensure you receive maximum benefits for your claim.
When do you need a lawyer for workers comp?
If you need legal assistance with a workers' compensation claim when employers fail to respond, provide necessary forms, or if you're facing issues with benefit entitlement, contacting a workers' comp attorney is crucial for guidance and support throughout the process.
What can a workers comp attorney do for me?
A workers' comp attorney can advocate for maximum benefits, handle paperwork, ensure legal compliance, and protect your rights during a workers' compensation claim process post-injury. By leveraging their expertise, you can focus on recovery while receiving the benefits you deserve.
How do workers comp attorneys get paid?
Workers' comp attorneys typically get paid on a contingency fee basis, meaning they receive a percentage of the benefits recovered from your claim. This fee is often around 15-25% of your settlement amount. Legal fees are only paid if the attorney successfully secures benefits for you.
How do I know if I need a workers comp attorney?
If you sustained a work injury and face delays, lack of response, or denial of benefits, it's time to contact a workers' comp attorney. An attorney ensures you receive entitled benefits, guides you through the process, and advocates for your rights against your employer.
Can a workers comp attorney recover fees and costs?
Yes, a workers' comp attorney can recover fees and costs as they typically work on a contingency fee basis, meaning they get paid a percentage of the benefits they secure for you. Additionally, costs related to the case may be reimbursed if you win.
What percentage does a workers comp lawyer get?
Workers' comp attorneys typically work on a contingency fee basis, receiving about 15% - 25% of the settlement amount. These lawyers only get paid if the case is successful and compensation is awarded. The exact percentage may vary based on the attorney and the complexity of the case.
Can you fire your workers comp attorney?
Yes, you can fire your workers' comp attorney if you are unhappy with their representation. However, it is essential to review your contract for any termination clauses and consider consulting another attorney for a smooth transition.
When should I get a lawyer for workers comp?
If you're injured at work and your employer is not providing necessary paperwork, benefits, or progress updates within 30 days, seek a workers' comp attorney. They ensure you receive maximum benefits and advocate on your behalf throughout the process, dealing with paperwork and ensuring your rights are protected.
Do I need an attorney for workers comp?
If you've been injured at work, it's crucial to consult a workers' compensation attorney for guidance on maximizing benefits and ensuring proper legal steps are taken for your claim. Attorneys assist with paperwork, advocate for your rights, and ensure you receive entitled benefits.
Who pays for workers comp lawyer?
In workers' compensation cases, the attorney is typically paid on a contingency fee basis. This means they receive a percentage of the benefits obtained for the injured worker. The worker does not pay the attorney directly out of pocket for their services.
What does a workers compensation attorney do?
A workers’ comp attorney assists in maximizing benefits, handling paperwork, ensuring employer compliance, and advocating for the injured worker's rights. They specialize in workers' comp laws, resources, and benefits to help injured workers navigate the complex process and receive proper compensation.
Why do I need a workers comp attorney?
If you need a workers’ comp attorney, it is crucial as they act as your advocate, assisting with paperwork, ensuring maximum benefits, and preventing employers from bypassing the process. They help you recover while handling legal aspects and ensuring your rights are protected.
What does a workers comp defense attorney do?
A workers' comp defense attorney represents employers and insurance companies in workers' compensation cases. They defend against employee claims, handle disputes, negotiations, and ensure compliance with laws and regulations. Their goal is to protect the employer's interests and minimize financial liability.
How long does a workers comp case take?
The duration of a workers' comp case varies. Factors like complexity, cooperation, and potential appeals affect the timeline, typically taking months to years for resolution. Consulting a workers' comp attorney can offer insight into your unique situation and estimated duration.
What qualifies for workers compensation representation?
If you are injured at work and encounter issues such as delayed claim processing, lack of employer assistance, or potential benefit underpayment, it is crucial to seek a workers’ compensation attorney's help promptly. Attorneys ensure you receive rightful benefits owed, navigate legal procedures, and advocate for your best interests, safeguarding your rights throughout the claims process.
Can workers comp attorneys negotiate settlements?
Workers' comp attorneys can negotiate settlements on behalf of injured workers to ensure they receive fair compensation for their injuries. These attorneys have the expertise to navigate the legal process and advocate for maximum benefits owed to the injured party.
What are common workers comp attorney strategies?
Common workers' comp attorney strategies include: maximizing benefits, handling paperwork, ensuring employer compliance, advocating for clients, and navigating laws and regulations effectively. Attorneys prioritize client well-being and entitlements while driving the claims process efficiently.
When is a workers comp settlement offered?
A workers' comp settlement is typically offered after the injured worker has reached maximum medical improvement (MMI), which means they have recovered as much as possible. The settlement aims to provide compensation for medical expenses, lost wages, and any ongoing disability. Settlement offers can vary based on the severity of the injury and its long-term impact. It's crucial to consult a workers' compensation attorney before accepting any settlement to ensure it's fair and covers all necessary expenses.
Are workers comp hearings open to the public?
Workers' comp hearings are generally open to the public, allowing individuals to observe legal proceedings. However, specific rules may vary by jurisdiction, so it's recommended to check with the local workers' comp board for detailed information on attending these hearings.
How does workers comp affect future employment?
Workers' compensation protects your job by requiring your position to be held until you recover. In California, employers must provide insurance for any employee, ensuring coverage regardless of fault. If you can return to work after recovery, your job is protected by law. Contact a workers' comp attorney if your rights are violated.
Can workers comp claims be reopened?
Workers' comp claims can be reopened under certain circumstances, such as if new evidence emerges, the initial settlement was unjust, or the injury worsens. Consult a workers' comp attorney for guidance on reopening claims for maximum benefits.
What impacts workers comp attorney fees?
Workers' comp attorney fees are typically based on a percentage of the benefits you receive, set by state regulations. Factors affecting fees include case complexity, legal services required, and any negotiated arrangements with the attorney. It's crucial to discuss fees upfront with your attorney to ensure transparency and avoid surprises.
Are workers comp settlements taxable income?
Workers' comp settlements are generally not taxable income under federal and state law. However, specific circumstances may impact taxability, especially if the settlement includes lost wages or punitive damages. Consult a tax professional for individual advice.
How to dispute a workers comp decision?
If you disagree with a workers' comp decision, follow these steps:
1. Review the decision letter thoroughly.
2. Gather supporting evidence like medical records or witness statements.
3. Contact your claims administrator to discuss the decision.
4. If still unsatisfied, request a hearing with the Workers' Compensation Appeals Board.
Can workers comp cover long-term injuries?
Yes, workers' comp can cover long-term injuries. Seeking assistance from a workers' compensation attorney helps ensure you receive maximum benefits and support throughout your recovery process. It's essential to understand your rights and the process to secure the compensation you deserve for long-term injuries sustained at work.
Does workers comp provide job security?
Workers' compensation provides job security by legally requiring employers to hold positions for injured employees who can return to work after recovery. Additionally, injured employees can claim benefits regardless of fault under workers' comp laws to cover medical expenses, ensuring financial protection during recovery.
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