Our Riverside Workers Compensation Attorney Can Help You
Our Riverside Workers Compensation Attorneys at Pacific Attorney Group have represented workers involved in scaffolding accidents, construction site accidents, explosions, and other types of workplace accidents. Workers’ compensation benefits can be awarded for injuries or illnesses that occur as a result of accidents in the workplace or exposure to dangerous conditions or toxic substances. In Riverside, workers’ comp coverage extends to all kinds of accidents on a “no-fault” basis. The advantage to this system is that the worker doesn’t have to prove blame to recover benefits. In exchange for this type of coverage, however, employees are prohibited from suing employers for injuries or illness.
About Workers’ Compensation
Workers’ compensation is a program that offers employees benefits for on-the-job accidents and injuries. In exchange for limiting an employee’s right to sue his or her employer, that employee is entitled to benefits for his or her injuries, regardless of their cause. As long as the injury is work-related, an employee will most likely be able to recover financial benefits for medical treatment, disability, or job displacement. The only exception may be an injury that an employee is responsible for causing to him or herself because of alcohol or drug abuse, but an attorney can address your particular questions in this regard.
Understanding the workers’ compensation system is important if you or someone you love was injured in a work accident or has suffered any type of work-related injury. At Pacific Attorney Group, we will be happy to answer any questions you have about your rights as an injured worker and will take the time to inform you of what we can do to help. All you have to do is call us – we take calls 24 hours a day, 7 days a week. However, we also have included some basic information about workers’ compensation in Riverside, California.
Types of Work-Related Injuries Reported in Riverside CA
There are any number of injuries that can occur in a work environment. Each type of job carries its own inherent risks of certain types of injuries. Construction sites carry the risk of falls, falling objects, and equipment malfunction, while office workers can expect such injuries as carpal tunnel syndrome, back injuries and the like. Workers who drive for a living can suffer injuries in traffic accidents.
Some of the most common type of injuries that can occur in the workplace include the following:
- Traumatic Brain Injury
- Spinal Cord Injury
- Broken Bones
- Soft Tissue Injuries
- Repetitive Motion Injuries
- Cuts
- Electrocution Injuries
- Head Injuries
- Fractures
- Burns
- Internal Organ Injuries
- Amputations
When you have been injured on the job, it is important to seek legal counsel to protect your rights. Especially for a serious accident, relying on your employer and their insurance company for determination of your health can put you at risk of being required to return to work sooner than you should, or to not receive the medical care you need. A skilled Riverside workers’ comp lawyer can assist in ensuring you receive the compensation you deserve.
Types of Work Accidents in Riverside CA
1. Ladder Accidents
Construction sites are dangerous even when the safety requirements are followed to the letter. Sudden accidents are not uncommon, and those involving ladders can result in serious injuries and damages to the victim. Ladder accidents can result from an unsafe ladder that suddenly collapses, or through contact with equipment or personnel or through other unexpected and dangerous events.
The victim in such a case can suffer very serious injuries and other damages, some of which will require extensive medical treatment. There are cases of ladder accidents in which brain damage or serious spinal damage resulted in a catastrophic injury. In these cases it is vital that you contact a Riverside Workers’ Compensation attorney to assist you in the claims process. Seeking fair compensation is an extremely important matter for the injured and often their families.
In some cases, a third party claim may be possible, depending upon the circumstances surrounding the injury accident. Every aspect of the case must be thoroughly analyzed to determine the types of damages that should be included in your claim. You deserve the best of medical care and treatment after an on-the-job injury, and the legal team at the firm will relentlessly pursue fair and full monetary compensation for all the damages you have suffered, including your loss of income, future wage losses, other financial losses and pain and suffering, depending upon the evidence and details of your accident. Act quickly, as the case can become more difficult to document as time passes.
3. Equipment Malfunctions
Workplace accidents can occur at any time, but common ones that cause serious injuries often include equipment malfunctions. In today’s automated society, many workers now operate equipment as part of their job duties, with millions of Americans running machines and other types of equipment daily. It is no surprise that this is one of the leading causes of injuries in the workplace.
Equipment can malfunction in many ways. Sometimes it is caused by operator error, but it can also be caused by failure to properly maintain the equipment or even a defect in its design. Workers’ comp laws protect an employee injured at work regardless of fault, so even if the cause was operator error, an injured worker would be entitled to medical benefits and income compensation.
The employee is also unable to pursue legal recourse from his employer, if negligence was the cause of his accident due to improper maintenance, as the laws allowing for workers’ comp preclude this. However, there can be a third party who can be pursued for additional compensation, such as pain and suffering and other damages if the accident was due to manufacturer negligence.
4. Explosion Accidents
There are many jobs that are higher risk than an ordinary office or sales position. These types of jobs can involve working with hazardous chemicals or gases, or with substances that pose the threat of potential dangerous reactions that can result in explosions. Some of these types of jobs include:
- Roughneck or well puller
- Fuel delivery
- Manufacturing plants where chemicals are used
- Electrical workers
- Laboratories
- Gas stations
Explosion accidents can cause severe to catastrophic injuries, depending on the severity of the explosion and in what proximity the workers were to the explosion. These injuries generally require extensive medical treatment for burns, fractures, lacerations, organ damage or head injuries. Medical treatment could require surgeries and long term medical care. Inpiduals injured in this manner may be disabled for life and be unable to return to work.
5. Toxic Exposure at Workplace
Exposure to a toxic substance or hazardous situation at work may be grounds for a workers’ compensation claim. Once you are diagnosed with an illness or suffer an injury that you believe is work-related, you must inform your employer and act quickly to file a workers’ compensation claim. Some various illnesses and injuries may be associated with workplace exposure, and these may seriously impact you physically and financially.
6. Electrocution Accident
Workers in certain fields of industry can be subjected to accidents involving electrocution in the workplace. Electricians, utility workers, construction workers and various other types of employment may put a worker at risk of an electrocution accident. Those injured in this type of accident should consult with a Riverside workers’ compensation lawyer when facing the consequences of this serious injury.
Although your workers’ comp benefits may cover some of your pay and medical costs, having someone professional and experienced in the area of workers’ comp claims working on your behalf is important to safeguard your rights.
Injuries from electrocution can be severe, such as burns, shock, nerve damage, brain injury and even death. This type of loss can lead to an extremely painful recovery period, taking time and patience to recuperate. Some may never fully recover and require lifetime care. Some of these accidents may be the result of negligence on the part of a third party, such as another company working alongside the employer, or faulty equipment.
7. Falling Objects
Many types of work-related injuries have resulted from falling objects. Such cases are most frequent in warehouses, on construction sites, and in any job that involves large structures or products that are stacked and can fall. Injury cases can also come about in freak accidents in almost any profession and often result in serious or life-threatening injuries to an innocent worker. If you or a loved one has been injured by a falling object, you must get legal representation from a Riverside workers’ comp attorney to address the legal matters surrounding your compensation claim.
Many employers prefer that their workers do not get an attorney. They do not want a report or claim regarding their Workers’ Compensation insurance and can take steps to avoid it. As you will be asked to go to a clinic or doctor that is chosen by your employer, in some cases it has been discovered that the clinic involved will try to report the injuries as less serious than they are.
You must take steps to protect your future and your health. When you contact Pacific Attorney Group, the legal team will evaluate your situation and may advise a second opinion from a qualified medical professional who can provide support for your injury case.
Some such cases have terrible and life-threatening results, such as brain damage, spinal cord injuries, disfiguring injuries and others that will inhibit the victim’s ability to make a living in the future, sometimes for the remainder of their lives. These catastrophic injury cases are so important to the injured that it is strongly advised that you get immediate legal representation from our legal team. When the case is less serious, you still will face injury and loss of income, as well as other possible damages.
8. Scaffolding Accidents
It is not often recognized the danger that is inherent in working on scaffolding. There have been countless fatal accidents in which workers fell in a scaffolding collapse. Serious spinal injuries, brain damage, fractures and other injuries are the common tragic result in these dangerous construction accidents. Safety requirements in the building of scaffolding is specific, but this does not mean that all companies adhere to the restrictions to protect their workers. When a scaffolding structure is carelessly constructed, connectors can fail and innocent victims suffer the result. In any such case, contact a Riverside Workers’ Compensation attorney to review the case and advise you of your best course of action.
Suffering from painful or dangerous injuries received after a scaffolding accident makes it difficult to address the legal matters surrounding your claim. In many cases, a sub-contractor has installed the scaffolding and may be partially or fully liable in the case. In others, the actual equipment was faulty, and the manufacturer may be included in a claim for compensation filed on behalf of the injured victim.
As the injuries sustained can be life-threatening or may have resulted in permanent damage, how the legal matters proceed is of ultimate importance to the injured victim and their families. The injured may have been the main breadwinner of the family, and they are now unable to work or function, either permanently or for a long period. The family and the victim should not have to suffer financial disaster due to the negligence of another.
Who is Liable for Workers’ Compensation in Riverside, California
In Riverside, California, the liability for workers’ compensation falls on your employer. California law mandates that employers with one or more employees carry workers’ compensation insurance. This insurance covers medical bills, lost wages, and other benefits for employees suffering work-related injuries or illnesses.
Here’s a breakdown of employer responsibility for workers’ compensation in Riverside:
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- Maintaining Insurance: Employers must have workers’ compensation insurance to comply with state law.
- Assisting with Claims: They should guide you through the process of filing a workers’ compensation claim.
- Covering Costs: The employer’s insurance company will handle paying out benefits for approved claims.
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Even if the workplace accident wasn’t your employer’s fault, California’s workers’ compensation is a no-fault system. This means you don’t need to prove negligence to receive benefits. However, there might be disputes regarding the claim, and a Riverside workers compensation attorney could be helpful in such situations.
Filing for Workers’ Compensation Claim in Riverside, CA
If you have been injured at work, filing for workers’ compensation is something that will need to be addressed as soon as possible. As soon as you are injured or become aware that an illness or injury may be work-related, you will need to notify your employer of what occurred. Acting quickly to report your injury is important in this situation, as you may lose your right to workers’ compensation benefits if you wait more than 30 days to report the injury to your employer and this limits your employer’s ability to properly investigate your claim.
When you report your injury to your employer, your employer is required to provide you with a workers’ compensation claim form within one working day of your report of injury. If your employer does not provide you with a form, you may request one or may get one from the Division of Workers’ Compensation website.
The workers’ compensation claim form itself is not very complex, but an issue may arise with the value of your claim or with your ability to establish that your injuries are work-related.
Benefits of Workers Comp in Riverside CA
The financial compensation available in a Riverside workers’ compensation claim will vary depending on the case. These benefits are meant to assist an injured worker in rebuilding his or her life, going back to work or perhaps continuing to survive financially if temporarily or permanently disabled. Benefits may also be available to an injured worker or to the surviving family of a worker who lost his or her life in a work-related accident or injury.
Types of Benefits Available
The benefit structure that applies to your particular Riverside work injury claim may vary depending on the date of the injury, the nature of injury or illness, and the severity of this illness. Following are the six basic types of benefits that are generally available:
- Medical care
- Temporary disability benefits
- Permanent disability benefits
- Vocational rehabilitation
- Supplemental job displacement
- Death benefits
Rights of Injured Workers in Riverside CA
A worker has specific rights if he or she is injured on the job or in any work-related accident. Making sure your rights as an injured worker are fully protected is one of the most important issues to address after a work injury of any kind. This is where a Riverside workers’ compensation lawyer comes into the picture – as he or she can assist an injured worker in filing for workers’ compensation benefits and handling any issues that may arise.
As an injured worker, you have particular rights that should be protected to ensure you can receive all the benefits workers’ compensation has to offer:
- The right to prompt medical treatment that addresses your medical needs
- The right to up to $10,000 in medical care, paid by your employer before your workers’ compensation claim is approved or denied
- The right to file a workers’ compensation claim without fear of employer retaliation such as wrongful termination
- The right to no-fault coverage for work injuries sustained, meaning the worker does not need to prove that someone else was at fault to recover benefits
- The right to benefits for his or her injuries, including: medical benefits, temporary or permanent disability benefits, and job displacement benefits.
Deciding to involve a lawyer to help with your Riverside workers’ compensation claim is important. You have rights as an injured worker, but without a lawyer to represent these to their fullest extent, you may find that you are taken advantage of by the claims administrator or your employer. Your ability to recover the full financial benefits you should be entitled to may be limited if your rights are not protected by a competent professional.
Settlements for Workers’ Comp Claims in Riverside CA
The vast majority of workers’ compensation claims are settled outside of court. A settlement is essentially a voluntary agreement reached by both parties (the injured worker and the employer/workers’ compensation insurance company) in a workers’ compensation claim regarding the payment of benefits, as opposed to a verdict reached and judgment imposed in court. There are two types of settlements in a Riverside workers’ compensation case: a Stipulated Finding and Award, and a Compromise and Release.
Reaching a Settlement for Your Riverside Workers’ Comp Claim
Settling for a workers’ compensation claim is of the utmost importance. Although we can take your case to court or to an appeal if necessary, agreeing upon a settlement without court involvement is typically much faster and less costly for everyone involved. In cases such as this, recovering the money you need as quickly as possible is important, particularly because your financial future may be at risk and the injury may be taking an emotional toll as well.
The vast majority of workers’ compensation claims are settled outside of court. A settlement is essentially a voluntary agreement reached by both parties (the injured worker and the employer/workers’ compensation insurance company) in a workers’ compensation claim regarding the payment of benefits, as opposed to a verdict reached and judgment imposed in court. There are two types of settlements in a Riverside workers’ compensation case: a Stipulated Finding and Award, and a Compromise and Release.
Stipulated Findings and Award
A settlement of this kind has the same impact as a judge’s ruling and is an agreement entered into voluntarily by both sides in a workers’ compensation claim. The key components in a Stipulated Finding and Award will be determining whether the injured worker needs future medical treatment and what percentage of disability benefits the worker should be entitled to. Both parties must agree upon these issues to settle this kind.
Compromise and Release
In this type of settlement, the injured worker will receive a lump sum of money that will in turn release his or her right to further benefits. This essentially closes the case and is most often helpful in cases where the injured worker no longer is employed at the company where the injury occurred.
Workers’ Compensation Denial in Riverside, CA
The approval and fair settlement of your Riverside workers’ compensation claim is unfortunately not guaranteed. Although workers’ compensation laws are in place to offer injured workers the opportunity to seek benefits for any work-related injuries, a claim may be denied because it is not related to work and has been fraudulently filed. Issues may also arise regarding the settlement offered by the workers’ compensation insurance company, as this settlement may be too low to cover the full damages the worker is dealing with.
Help for Denied Workers’ Compensation Claims in Riverside
At Pacific Attorney Group, we represent workers injured in work accidents or incidents related to workplace exposure throughout the Riverside County area. This includes assisting clients who are currently dealing with disputes regarding their workers’ compensation claims, or whose claims have been denied. In addition to helping an injured worker in the often complex process of filing a claim and seeking a fair settlement, we can work to file an appeal with the Workers’ Compensation Appeals Board if your claim was denied for any reason.
Compensation Appeal
When a workers’ compensation claim is denied for any reason, the injured worker may have the right to file an appeal. A workers’ compensation appeal is filed with the California Workers’ Compensation Appeals Board, which is responsible for reviewing decisions made by workers’ compensation administrative law judges of the Division of Workers’ Compensation (DWC). The Workers’ Compensation Appeals Board is a judicial body consisting of seven members. An injured worker whose claim has been denied may file a Petition for Reconsideration with the Appeals Board in order to seek a different outcome. This is an important undertaking, as it is possible that an error will be made or something overlooked and a workers’ compensation claim therefore wrongfully denied.
Filing an Appeal for Workers’ Compensation in Riverside CA
Filing an appeal is important if you are to have a second chance at reaching a positive outcome for your Riverside workers’ compensation claim. For example, an issue may have arisen regarding the value of your claim based upon your wages or disability, but these may have been incorrectly calculated. Your claim may have been denied entirely on the grounds that it was not work-related.
Types of Workers’ Comp Fraud in Riverside CA
According to the California Department of Insurance Fraud Division, there are three primary types of workers’ compensation fraud that the pision investigates:
- False workers’ compensation claims – fraudulent workers’ compensation claims filed by employees, health care providers, pharmacies, attorneys or others.
- Fraudulent denial of workers’ compensation benefits – involving the wrongful denial of workers’ comp benefits to an injured worker.
- Workers’ compensation premium fraud – committed by employers to avoid paying full workers’ compensation insurance premiums.
When a workers’ compensation insurer or self-insured employer suspects workers’ compensation fraud, they have 30 days to report this suspicion to the Fraud Division and the local district attorney. From there, the Department of Insurance will take over the investigation of this claim and possible prosecution under criminal law. After all, workers’ compensation fraud is a crime that may be punishable by imprisonment, fines, and other criminal penalties. If a worker commits fraud, he or she may also be ineligible to receive the benefits that he or she would have originally been entitled to.
Avoiding Fraud in Filing for Workers’ Compensation
Working with an attorney may be your chance to avoid unintentional fraud or misrepresentation regarding your workers’ compensation claim. An attorney can also offer you the protection you need regarding fraud committed by your employer, employer retaliation and other wrongful conduct that may adversely affect your claim.
Understanding State Workers’ Compensation Claims
Just as any other employee working for any type of company may be entitled to workers’ compensation benefits for injuries sustained at work or in the performance of his or her job, a state employee may have the right to seek benefits. If you are a government employee working for the State of California or any department thereof, you may be able to file a workers’ compensation claim for any injury that you have suffered in a work accident or in any situation that was related to your job. Claims may be filed for accidents, repetitive motion injuries and also for exposure to toxins or other dangerous conditions at the workplace.
Many of the same rules and procedures will apply for a state employee in filing for workers’ compensation. However, some issues may become more complicated to deal with because you work for a government agency.
What is Employer Retaliation
As an employee, you should have the right to file a workers’ compensation claim without fear of employer retaliation. Employer retaliation, in regard to workers’ comp claims, may refer to any action by your employer that is meant to penalize an employee for being injured on the job or filing a workers’ compensation claim. This retaliation may take on the form of wrongful termination, demotion, poor performance review, failure to promote, refusal to rehire, or interference with the workers’ compensation claims process. Virtually any action of this kind may constitute employer retaliation, and this an unlawful practice.
Your Rights after Employer Retaliation in Riverside, CA
Employer retaliation about a workers’ compensation claim adds insult to injury. For an injured worker, it is already difficult to have to deal with the aftereffects of a work-related injury, and facing wrongful termination or demotion in addition to everything else can have harmful consequences. Fortunately, you do not have to face this difficult situation alone.
Why Hire A Riverside Workers’ Compensation Attorney in Riverside CA?
Work accidents and injuries happen. Even if we are careful and if our employer implements proper safety standards, there is always the possibility that a worker may slip and fall, be injured in an accident involving heavy machinery or perhaps be injured in a work-related auto accident. In these situations, you may wonder whether to hire a lawyer to help with your case. This is a personal decision and may influence your ability to recover the full benefits you deserve.
Workers’ compensation is a no-fault system, meaning that an injured worker does not need to prove that someone else caused his or her injury to recover benefits. This structure has eliminated disputes and litigation about employer negligence regarding work accidents and work-related injuries, but it does not prevent issues involving the validity of the claim, whether an injury was sustained in conjunction with the employee’s job duties, and how much the claim should be worth.
Get Help From Our Workers Comp Riverside Attorney
We have a team of Riverside workers comp attorneys who will help you make sure that you get your case before the right people.
- We have a Riverside workers comp attorney who can go to work on your case today, and we will start compiling all the information we need to manage your case. A workers comp case could hinge on the evidence, and we will make sure that we have enough to go forth.
- We will help you understand how the negotiation process works, and we will show you how much can be made if you are using the right tactics.
- Our attorney will try to settle the case as fast as we can, and we will make sure that we have made sure that you have the best chance of getting the money that you need. You need it so that you can pay your medical bills, and you need to get better so that you can go back to work.
- We will fight to make sure you can keep your job, and we will hold your employer accountable when there is a problem.
- We will tell you what to do with the case, and we will take your lead when you are signing off on settlements.
- Our lawyer can go to court if we need to, and we are familiar with the courts in Riverside.
- We jump in to help you so that you do not have to navigate all this on your own, and we will be sure that you have a very clear understanding of what is going on.
Some people are in a really bad situation with their case, and we will begin straightening it out as soon as we can. You will have a chance of making the case turn out in your favor, and you will stop wasting money and time on something that is not helping you make your money. You need to make sure that you will have the money to pay your bills, and you should be sure you are asking us for help with the case.
We have a team of Riverside workers comp attorneys who will step in to make sure that you have the resources you need. You will be ready for anything that could come up, and we will make sure that you have the remuneration you need to pay your medical bills and go back to work.
Resource Center
Dealing with the reality of filing a workers’ compensation claim and the aftermath of any work injury may be difficult.
About Workers’ Compensation
The California Workers’ Compensation System
Frequently Asked Questions about Workers’ Compensation
Workers’ Compensation Claim Form
California Workers’ Compensation Appeals Board
California Division of Workers’ Compensation (DWC)
Workers’ Compensation Service Center
What is Workers’ Compensation?
How to File for Workers’ Compensation
Overview of Workers’ Compensation
U.S. Dept of Labor: Workers’ Compensation
U.S. Dept of Labor: Workplace Injury Statistics
Workplace Injury and Illness Prevention