Fontana Workers Compensation Attorneys
How you choose to react after being involved in an injury accident or contracting an illness on the job has a major impact on your rights to recover compensation. Any worker injured in a Fontana accident will almost always be covered by the workers’ compensation cover that every employer in California must have. A majority of California workers are entitled to recover benefits for medical expenses and other costs associated with such incidents.
If you have experienced a work injury and lost your wages due to being unable to attend to your duties, call us today. Such incidents need a workers comp attorney with experience and who can quickly and easily answer the questions you may have concerning the California workers’ comp law. In addition to this, the Fontana work injury attorneys at Pacific Attorney Group will help you seek the maximum amount of the workers comp benefits.
The work injury lawyers at Pacific Attorney Group will guide you on;
- The rights that California law provides for injured victims of a workplace accident. This will help you make the right choice on how to proceed with the case.
- How to handle the days you may have missed work. In most cases, people who have been forced to stay out of work by their injuries are entitled to disability damages.
- Some of the California workers comp laws that may hurt your case or deny you rights to getting compensation after a work-related injury.
- How to handle the insurance company so that you are not short-changed on your California workers compensation check. A Fontana workers compensation attorney will always work hard to get you the maximum compensation for your injuries.
Difference Between Fontana California Workers Comp and a Personal Injury Lawsuit
Workers Comp
Any employee is entitled to the workers comp benefits, which have some limitations. The system does not look into who was to blame for the accident. The employee is not required to prove that their employer was responsible for causing them harm. The compensation is available for workers whose negligence may have been responsible for their injuries.
The employer, in this case, is free from being sued by the worker for a work-related injury. When you have been injured in a work accident and accept the workers comp benefits, the law bars you from filing a personal injury lawsuit against your employer.
You will also have to be treated by the doctors chosen by your employer. The benefits under the workers comp are for medical expenses and lost wages, which are always less compared to a personal injury lawsuit.
A Personal Injury Lawsuit
An injured worker may choose to file a personal injury lawsuit against the party responsible for their injuries. This lawsuit provides for additional benefits for pain and suffering, which are not available in a workers comp claim. The injured party, in this case, will have a duty to prove that the employer or another third party acted negligently and caused them harm. The benefits available in a personal injury lawsuit include all past and future medical expenses, lost wages, pain and suffering, benefits for mental anguish, physical impairment, disfigurement, and punitive damages.
In addition to the large amount of compensation that you will potentially get with filing a personal injury lawsuit, you will also have the ability to choose your doctors.
To understand the best option to seek compensation for your work injuries, it is good to get in touch with professionals who have handled these cases in the past. The injury lawyers at Pacific Attorney Group have years of experience handling work injury cases and will surely get you the best results for your case.
Denied Workers Comp
Though employees are entitled to the workers comp benefits in California, there are situations where a claim can be denied. It is important for workers to understand these situations so as to avoid them.
- A claim can be denied if your injuries were unwitnessed; It is important that you report the injury to your coworkers and supervisors. The manner in which the accident occurred and other details must always be consistent when you are informing others about the accident.
- You failed to report the incident immediately after it happened; The law requires that you report the accident to your employer within 30 days, failure to which you may lose your right to file for workers comp benefits.
- Suppose there exists a discrepancy between the initial medical records and the accident report; your insurance company may find a reason to decline your claim. An accident will result in certain injuries, whose medication will be determined by the doctor. If there is any discrepancy in the medical records and the accident report, the insurance company may deny your claim.
- In case your initial medical records showed that you were under the influence of illegal drugs at the time of the accident, your claim could be declined.
- If you do not observe the statute of limitations law, your claim may be declined. The law allows you one year to file a workers comp claim for the injuries sustained. The timeline begins from the date of the injury.
- Some employees may file a workers’ comp claim after being fired. In such cases, the insurance company may not honor such a claim.
Experienced Fontana Workers Compensation Attorney Can Help
The insurance companies do not always have the best interests of their clients at heart and will often frustrate them when they file a workers’ comp claim. This is why you need a Fontana Workers Comp lawyer to stand a better chance of receiving maximum compensation. The insurance companies have a habit of maximizing their profits at the expense of the injured victims by reducing their compensation.
If you have been hurt on the job, do not be afraid to call our Pacific Attorney Group office in Fontana and consult with any of our attorneys. We will explain how the process works and give you the best options for filing a personal injury lawsuit or a workers comp claim for your injuries.