Santa Ana Workers Compensation Attorney
Have you been recently injured while at your workplace in California? If so, you can file for workers’ compensation. It is best to hire our reputable workers’ compensation lawyer in Santa Ana for the best result with worker’s compensation cases.
What Are My Rights Under California Workers’ Compensation Laws?
Often these lawsuits are filed by workers comp Visalia personal injury attorney. To understand workers’ compensation, you must know your rights once an accident has occurred. As an injured employee in California, you have the following rights stated in the bill of rights.
· Medical attention from a recognized specialist to help you return to work
· Entitled to financial income to replace some of your lost income
· You also have the right to change doctors without permission or approval from your employer
· Payment of hospital bills, doctor bills, travel expenses for doctor’s appointments, prescriptions, physical therapy, and rehabilitation
· You are also entitled to weekly income benefits once you miss one week of work
· Income benefit of up to $450 a week if you can still work but in a different line of work for similar working hours and the same pay
· A disability check of about two-thirds but below $675 per week if you are unable to perform any work
· In case of a fatal accident, the sum of compensation depends on family members with a burial cost benefit of $7,500
· You can also penalize your insurance company for delaying the payments
Defining Workers Compensation in Santa Ana CA
The system used this name to help injured employees in California receive their compensations and benefits for injuries during their respective operations. The primary purpose of workers’ compensation is to help injured workers cover their costs and medical costs due to their injuries. Another ultimate goal of workers’ compensation benefits is to help employees resume their respective duties.
The compensation also helps the workers to replace the lost wages while recovering from the injuries. It is also worth noting that these benefits differ from the personal injury cases as they do not include damages for suffering and pain. Nevertheless, some situations may lead to other causes of action for a work injury.
Hiring a reliable Antony will help you receive most of your legal rights. In most cases, these claims are via an arbitration system. Also, employees don’t have to prove faultiness to receive the compensation benefits.
Who Qualifies for Workers’ Compensation in Santa Ana California?
Typically, you qualify for workers’ compensation if a work-related illness or injury occurs while undertaking your assigned duties at the workplace. The moment you notice any illness symptoms or suffer injury, notify your employer within the shortest time possible. If you suffer gradual onset illness or injury and confirm that they are job-related, again, ensure that you notify your employer. In addition, you must seek legal advice from Visalia personal injury attorney as soon as possible to help you file a case.
Notifying your supervisor about your condition will help you experience a smooth journey towards receiving your medical care benefits. It is also important to note that you can lose your benefits if you fail to report your illness or injury within one month. If you wonder whether your condition qualifies for workers’ compensation benefits, consulting one of our workers’ compensation lawyers in Santa Ana is worth it.
Types of Injuries Covered by Workers’ Compensation in Santa Ana California
Generally, there are various types of work-related injuries. However, the two main categories include cumulative trauma and specific trauma injuries.
Cumulative Trauma Injuries
Also known as repetitive-use injuries, cumulative trauma injuries include conditions that result from performing the same motion repeatedly. Cumulative trauma injuries include carpal tunnel syndrome, tendinitis, bursitis, and rotator cuff tears.
Other repetitive-use injuries might result from frequent and constant exposure to chemicals or toxins, leading to illness or injuries. Santa Ana workers compensation attorney will help you identify your injury type and its effect on your case.
Specific Trauma Injuries from Santa Ana Workers Compensation Injury
Specific work-related injuries occur due to a sudden injury, such as getting hit by an object or falling. Particular traumatic injuries also include those caused by repetitive motion, but in this case, it is not severe enough to be considered cumulative. Examples of specific traumatic work-related injuries include sprains and strains.
Five Main Benefits Available for Workers’ Compensation Claims in California
Workers’ compensation benefits are available to employees who suffer an injury while on the job. The most common types of compensation include supplemental job displacement, permanent disability, temporary disability, medical costs and bills, and death benefits. Benefits also include a percentage of lost wages and other benefits such as future medical care and rehabilitation.
1. Medical Costs and Bills Benefits
Medical benefits are usually provided for a certain period after the date of injury but may be extended for up to two years if necessary. The number of medical benefits will depend on the type and severity of your injury. Medical care is provided by a licensed physician who provides treatment for damages, including those related to pain, swelling, spasms, and other symptoms caused by your injury.
Treatment may also include prescription medications or surgery if necessary or recommended by your doctor. For example, you may be prescribed medication for pain or given prescriptions that ease your symptoms, such as anti-inflammatory drugs or muscle relaxants that help reduce swelling in joints or muscles.
2. Supplemental Job Displacement
This type of compensation is provided for a temporary period. In most cases, the employee must have been employed with the same employer for at least 12 months before being eligible to receive this benefit. The amount paid depends on the number of hours the employee worked and how much they earned.
This benefit may also be paid if an employee has been temporarily laid off due to a business shutdown, vacation, or general layoff. The money can be used to pay bills and medical bills, purchase necessities, or do educational retraining.
3. Temporary Disability Benefits
Typically, you receive this type of workers’ compensation benefit when you cannot work as usual assignments at the workplace as you recover from illness or an injury. The money is intended to help with your medical expenses. It may also be used for other needs, such as paying for your home care. Your workers’ compensation lawyer in Santa Ana will help you review your statement to determine the amount of money you may be entitled to receive.
4. Permanent Disability Payments
This is another common benefit you can be eligible for as a worker in work-related illness or injury that permanently affects your working capability. Permanent disability payment compensation is also applicable even when you can return to work as long as it results in permanent disability.
However, various factors determine what you will receive for this compensation benefit. Some of these factors include your impairment rating, average wages before the injury, and the injury time. Consult a reliable Santa Ana workers compensation attorney for more information about this benefit.
5. Death Benefits
Death benefits are also a common benefit paid out by the worker’s compensation insurance company. Once you have passed on, this benefit will help your family pay for funeral expenses and other related needs. To help determine the amount of money you can receive, your Santa Ana workers compensation attorney will review your situation to determine what services you had before the accident and what service you would have if you were still alive.
How Are Workers’ Compensation Lawyers Paid?
An experienced workers compensation lawyer in Santa Ana will take the time to listen to your case and determine what kind of compensation you can receive. This can be an overwhelming process, but one that is necessary for you to receive the best possible settlement for your injuries. Working with a skilled Santa Ana workers compensation attorney is the only way to ensure that you receive the compensation benefits you deserve.
The fortunate thing with hiring workers’ compensation attorneys is that most operate on a contingency basis. Visalia’s personal injury attorney might not request you to pay the attorney fees or retainer upfront. Additionally, we may allow you to pay after a win in the compensation.
You should also appreciate that a lawyer’s cost will depend on the case results. After winning the case, you will have to pay your hired lawyer fees, a percentage of the settlement outcome. This means that the higher the settlement, the higher the attorney fees. However, in the end, you will get a considerable amount.
Is it Worth Getting a Workers’ Compensation Attorney?
The reason why you should get a Santa Ana workers compensation attorney is that they can help you with your case. This means that they will have the knowledge and expertise needed to bring your case to a successful end.
Lastly, hiring a worker’s compensation attorney can prevent future problems for yourself or your loved ones. If an accident occurs due to another person’s negligence or actions, this might mean the loss of income for yourself and your family members. This could lead to financial problems due to medical bills and lost wages. So, yes is worth hiring a lawyer to represent you in a workers’ compensation case.
How Can California Workers’ Compensation Attorney Help?
If you have been involved in an accident that has left you injured or disabled, you must file a worker’s compensation claim. Your hired lawyer will help you gather all required information when filing a claim, such as medical bills, work records, and police reports.
These documents support your claims and make it more likely for them to be approved by the insurance company. If any of these documents change during your case, it can impact how much money they will pay out in settlement or trial.
Additionally, the experienced workers’ compensation attorneys will be able to negotiate on your behalf for you to receive the most compensation that you deserve. For this reason, they will have to be well aware of how much the insurance company will pay out and when they will do it.
However, these are not the only advantages of hiring a workers’ compensation attorney. There are other benefits, such as having an expert on your side during the entire process. If you hire an inexperienced attorney, there is no guarantee that they will help you throughout your case.
Can I Sue My Employer for Denying Workers’ Comp?
Under certain circumstances, it is possible to sue your employer for denying workers’ comp. For example, if you were injured on the job but were denied benefits by your employer, you can sue them in court. You can also sue your employer if they have violated the law by denying you benefits.
Will Workers’ Comp Offer Me a Settlement?
Workers’ compensation will offer you a settlement, but only if you are entitled to it. If you are not entitled to any benefits from your employer, then there’s no reason for them to settle with you.
Also, you will have to prove that you are entitled to the settlement that you are offered. You will have to hire a workers’ compensation attorney to do so. Your Visalia personal injury attorney will be able to represent your interests in court and make sure that a judge hears your case. If you file a lawsuit against your employer, then there is a chance that they may settle with you.
Get a Free Consultation with a Workers’ Comp Lawyer in California
If you want to learn more about workers’ compensation, it is best to contact an experienced California workers’ compensation attorney. If you are not sure how your injury or sickness is classified, you should speak with a lawyer. Your attorney will be able to give you advice and explain the process of filing a claim for benefits.
California law requires employers to provide workers’ compensation benefits if their employees suffer injuries that result in permanent disability or death. You may also be entitled to receive benefits for non-permanent injuries, such as on-the-job accidents, burns, or broken bones. Many other damages can qualify as workers’ comp claims, so it’s best to consult with your attorney before proceeding with any claim.
Once you consider hiring a workers compensation lawyer in Santa Ana, take your time before deciding. It is also worth noting that your attorney should specialize in personal injury cases; thus, the attorney you choose will determine your chances of receiving a settlement. For more information about workers’ compensation, contact us today.