We Can Help You Pursue Workers Compensation Benefits You Are Eligible For – Even If Your Claim Was Denied
If You Answer YES To Any Of The Following, You Should Contact A Workers Compensation Lawyer:
- Your injuries require surgery.
- Your injuries are moderate to severe.
- If you believe your health won’t return to the condition it was prior to your injury (You may be entitled to a “permanent partial disability” award)
- You believe you are no longer able to work on a regular basis in any job.
- You believe you cannot go back to work at your current job, but believe you could work in some capacity.
- You have significant pre-existing disabilities.
- You would like to dispute an adverse decision made by your employer or your employer’s insurance company.
- You believe you are not receiving the correct benefits, or wonder if there are additional benefits you could receive.
- Your medical benefits are denied.
- Your employer has disputed a decision made by the California workers compensation division.
- You do not understand the workers compensation process.
We Can Help With
What ever the circumstances of your workers compensation claim, you can and should have an attorney in your corner immediately. If your injuries are severe enough that your life is permanently changed, a workers compensation lawyer will be able to fight for your rights to ensure that you receive medical care and all of the workers compensation benefits you are entitled to. Additionally, a lawyer can advise you on the procedures on filing for Social Security disability benefits.
A workers compensation attorney will assist you in navigating the system so that you receive monetary payment to assist you.
If any aspect of your claim is in dispute with your employer or their insurance company it is highly advisable to obtain an attorney. The dispute process can be difficult, involving complex legal rules and procedures. People that do not retain an attorney are at a disadvantage in these kinds of proceedings.
Consulting with an attorney sooner, rather than later, will ensure that your case is on the right track from the start. It is easier for a lawyer to gather information about your case and push your claim along in the right direction early on, rather than having to play “catch up” if your claim is already in litigation.
Know Your Legal Alternatives.
Even Your Right To File A Worker's Compensation Claim
Employers in all states are required to provide their workers with a safe and healthy work environment. Sometimes they do not comply with this provision, causing injuries as a result.
Occasionally, however, employees may be injured at work, even when the effort has been made to have a safe site. These injuries can include everything, such as bone fractures, worsening of pre-existing conditions, diseases due to employment and even psychological damage.
All states have a plan that helps affected workers with injuries caused by employment.
If You Are Hurt At Work, How Can You Protect Your Rights?
The easiest way to protect your legal rights is to report the injury to your employer.
Most states require that you give notice of your injury within a period of time, usually on the same day or within a few days after the incident occurs.
Depending on the circumstances and the type of injury, this will not always be possible, but it is very important to report the incident as soon as possible.
The next step you can take to protect your rights is to file a claim with the workers’ compensation court or with the industrial court in your state. Again, this formally notifies your employer, the court and the insurance company of your injury.
Once the claim is filed, some protection automatically comes into effect.
What are my rights?
Workers’ compensation laws vary widely from state to state. The rights provided to the affected workers vary a lot as well, as well as the different legal procedures that guarantee such rights.
Generally speaking, however, there are a number of rights that are common across almost all states.
- You have the right to file your claim for injury or illness before the workers’ compensation court or the industrial court
- If you are unable to go to work because of injury or illness, either temporarily or permanently, you have the right to request some type of disability compensation.
- If you are not happy with any decision of your employer, your employer’s insurance company or the compensation court, you generally have the right to appeal to that extent.
- You have the right to be represented by a lawyer during the entire process.
When knowing your rights, it is important that as an employee you also know about your right to refuse certain requests or offers. For example, if you were injured and your employer pressures you to use your own health insurance to cover your medical treatment, you have the right to say “no.”
And if your employer offers you some incentive in your attempt to persuade you not to file a workers’ compensation claim, this is illegal. You have the right to say “No.”
In each state, laws provide that you can appeal for workers’ compensation claims without fear of retaliation or threats from your employer. If this makes it difficult for you to freely take action on your rights, the penalties imposed on the employer can be very severe.
It is illegal for your boss or supervisor to harass you or in any way make it difficult for you to perform your job, if the reason for such behavior is that you are filing your claim.
Are My Rights Against Third Parties Different From My Employer?
In some cases, your employment injury may have been caused by the negligence of a third party. Depending on the circumstances, this other party or entity could be, for example: the designer or manufacturer of a defective part or, perhaps, the driver of a delivery truck.
If you are injured while working for the negligence of a third party, you may have the right to file a claim against that person or entity. This is known as “third party claim.” Commonly, these cases are not brought before the workers’ compensation court. Instead, it is through civil lawsuits and this is brought before state or federal courts.
Civil lawsuits for injuries caused by employment can claim damages for additional injuries that are not recoverable in workers’ compensation claims. For example, the benefits you receive for a compensation claim will usually reimburse you for your medical expenses and lost wages-You usually do not have the right to seek compensation for pain and suffering. In a third-party claim, you can usually ask for compensation for pain and suffering, which is a category of “non-economic” damage.
How Does Workers Compensation Work?
Workers Compensation insurance provides basic benifits like Medical and temporary disability payments to help you recover after an injury at work.
What Does Workers Compensation Pay For?
Workers Compensation covers medical expenses and hospital costs necessary in diagnosing and treating your injury. It also provides disability payments if you are unable to work. Usually 2/3 of your normal salary.
How Long Do You Get Workers Compensation?
There is a limit to the amount of time you may receive temporary benefits after an injury. On average 3-7 years. There are no such limits for permanent disability benefits however.
Can You Lose Your Job While Receiving Workers Compensation?
The short answer is NO. Your employer can’t terminate you just because of your workers compensation claim. But you can be terminated while you have an open claim if your employer shows your firing had nothing to do with filing your workers compensation claim.
What Qualifies For Workers Compensation?
There are typically 4 basic eligibility requirements for a workers compensation claim. You must be an employee, your employer must have workers compensation insurance, you must have a work related injury and you must report your claim with the state’s deadline.
DO I need A Lawyer?
Workers benefit immensely from retaining a workers compensation lawyer. Anytime an insurance company is involved, it is a good idea to have a seasoned attorney in your corner.