Hiring a Temecula Workers Compensation Lawyer for Your Work Injury
As a worker there are several issues that you should be familiar with in order to ensure that you can efficiently exercise the workers compensation law,
What Are My Rights Under California Workers’ Compensation Laws?
The very first thing you need to know about workers compensation is that you are legally entitled to workers’ compensation in California if your job causes an injury or illness. If you are disabled by your job, you may be entitled to receive a portion of your wages for the time that it takes for you to heal, as well as any medical bills and disability benefits.
If you are injured during your job and file a workers compensation claim, it is very important that you provide all the information requested of you by your employer, or any third party. Keep in mind that it is illegal to lie on a workers compensation claim form or to purposely cover up information. You also cannot withhold any information, even if it may be embarrassing or difficult to discuss. An employer is not allowed to fire you, demote you, or treat you in any way differently because you’ve filed a workers compensation claim. To be on the safe side you can contact a qualified workers comp attorney in Temecula CA to explain the process to you.
What Mistakes Could Compromise My Workers’ Compensation Claim?
There are several mistakes that could lead to your compensation claim being void, including:
1. You fail to report an injury to your employer right away or as soon as possible. If you do not report the injury and continue to work, California workers’ compensation law does not apply to that injury, even if you are injured again later from the same activity.
2. You knowingly give false, incomplete, or misleading information that could have prevented an accident from happening or made the accident less severe. These types of acts can result in a fraud conviction and/or fines and/or jail time.
3. You fail to provide an “accurate and complete” written statement of a physical examination, no later than 15 days prior to a claim being made.
4. You fail to cooperate with drug and alcohol testing after an accident and/or you fail or refuse the request for an alcohol test required by the employer or the insurer.
You are also not entitled to workers’ compensation benefits if your own negligence was a substantial factor in causing your injury.
Can You Sue Your Employer While on Workers’ Compensation?
No, it is illegal to sue your employer while you are on workers’ compensation. In fact, it is a crime to do so. You will be prosecuted if you file a lawsuit against your employer within 3 years from the date of an injury, when you have already been compensated for the accident. You can, However, sue your employer for any other issues. Also it is important to note that most California workers’ compensation laws state that any lawsuit must be filed within 1 year of an accident or incident.
Who Qualifies for Workers’ Compensation in Temecula California?
Any employee who is injured or becomes ill as the result of their job duties is entitled to workers’ compensation in California. This includes part-time and temporary employment, which means that you could be entitled to workers’ compensation even if you are not an employee full time. The qualifications for workers’ compensation include:
1. You must be classified as an employee in the state of California for your job duties to qualify for workers’ compensation.
2. The injury or illness must have occurred on the job premises during the course of your employment for workers’ compensation to be applicable.
3. The injury or illness must have occurred in California as a result of certain work activities and/or harmful work conditions.
4. You must have worked for at least 30 days in the current calendar year to qualify for workers’ compensation benefits in California.
How Are Workers’ Compensation Lawyers Paid?
Workers compensation lawyers are paid on a contingency fee basis. This means that you will not pay your workers comp attorney in Temecula CA any money until they win your case. If they don’t win your case, you will owe them nothing. However, most workers compensation cases are won by the attorney so this is a highly favorable payment arrangement.
Types of Work Injuries
Traumatic injuries – This refers to any work injury that is caused by a sudden traumatic event. It can include car accidents or industrial accidents. These types of injuries require emergency care and usually occur on the job premises or in the workplace environment.
Overuse injuries – This refers to an work injury that occurs over a period of time, usually repetitively in a single job activity. These types of injuries are caused by excess pressure, tension and/or force on a specific muscle or part of the body. This can include such things as sprained wrists from typing or carpal tunnel syndrome from assembly line work.
Malignant injuries – This type of work injury implies that the injury is so serious and life threatening that it can be fatal. These types of injuries are usually caused by a work-related incident but also include such things as job-related exposure to toxic chemicals or infections.
Types of Work Accidents
In general, there are 3 main types of work accidents:
Slip and fall – This type of work accident refers to any injury that is suffered after a worker has fallen from a moving or stationary object on the job premises.
Overhead injuries – This is a type of work accident which is a result of an injury caused by falling from a height. It is usually caused by defective equipment or equipment failure. These types of work accident can be very serious and may require extensive care, hospitalization and surgeries.
Contact injuries – This type of work accident refers to any injury that is sustained at the workplace. This can include cuts, scrapes and bruises, as well as any other minor injury.
Is it Worth Getting a Temecula Workers Compensation Lawyer?
Absolutely yes! Workers’ compensation insurance is a very complicated legal area. Workers that are injured on the job may not understand the workers’ compensation insurance system as well as an experienced Temecula workers compensation lawyer. The best way to avoid the risks and headaches associated with a work injury is to have a personal injury attorney guiding you through this process.
How Can Temecula Workers Compensation Lawyer Help?
A Temecula Workers Compensation lawyer can assist in recovering workers’ comp benefits for any injury resulting from an accident or incident occurring at the workplace. This includes conditions that are outside of the scope of employment. Workers’ comp benefits will also be provided for overuse injuries, malignant injuries and traumatic injuries that occur in the course of your employment. Temecula workers compensation lawyer will also help you negotiate with your employer to avoid an expensive and drawn out legal proceeding.
What Will a Temecula Workers Compensation Lawyer Provide?
Our workers’ compensation lawyers will provide an evaluation of your personal injury claim and will tell you if you qualify for workers’ compensation benefits for your work-related accident or illness. Your attorney will also file a Workers’ Comp claim on your behalf, if applicable, and oversee the entire legal process for you.
Can I Sue My Employer for Denying Workers’ Comp?
In some states, including California, you have the right to sue your employer for denying workers’ comp benefits. This is true even if you are not asking for workers’ compensation benefits. Your employer will have no legal reason to deny your request and thus could be sued in a civil court under breach of contract or liability laws.
However the employer can deny workers compensation if:1. Are under the age of 18 years and are not a full time employee.
2. Are an independent contractor such as a subcontractor or freelancer outside the scope of
your employment contract and/or the state of California.
3. Are not a permanent employee of the company and have been terminated from your job by your employer.
4. Are not eligible for employment in the U.S. – just like with health insurance coverage, employers will only cover individuals who are legally allowed to work in the U.S.
What Type of Compensation Can I Get in Temecula California?
In general, workers’ compensation benefits will be provided for any injury or illness sustained due to a work-related incident. This includes loss of wages and medical expenses. However, there are limits on how much compensation you can receive if your injury is caused by the fault of your employer. These limits vary depending on the state in which the employee is injured and you may be eligible for less compensation than you are entitled to in other states.
Will Workers’ Comp Offer Me a Settlement?
In general, workers’ compensation insurance will offer you a settlement for any injuries sustained as a result of a work-related incident. The amount of the settlement will depend on the severity of your injuries and the nature of your job position. Some workers’ comp benefits may have time limits on how long they are provided to you after your injury.
Low balling or a premature out of court settlement is also one of the reasons that you should get a workers comp attorney in Temecula CA to ensure that you are rightfully compensated.
If your employer is trying to lowball you and deny workers’ comp benefits, do not sign any documents or agree to any information provided by your employer that states that you are no longer eligible for workers’ comp benefits.
The best way to avoid this type of situation is to contact a lawyer before signing any agreements or accepting any offer of compensation.
What If My Workers’ Comp Claim is Denied?
If your employer denies your workers’ comp claim, you will have the right to file a lawsuit against your employer in a court of law. You may also sue them for punitive damages. This means that you are allowed to sue your employer for punitive damages if they have harmed you in any way and made unreasonable demands on you or tried to overlook your compensation claims. If you have been denied workers’ compensation benefits, a workers comp attorney in Temecula CA can help you win your lawsuit.
Your lawyer will file a civil suit against your employer for negligence or wrongful termination if your employer has acted in any unfair way. They may even file criminal charges against them. Criminal charges are filed if the employer has knowingly lied about their role in causing the injury, or if they have knowingly tried to cover up the cause of the injury.
Get a Free Consultation With a Workers’ Comp Lawyer in Temecula
Here at Pacific Attorney Group we offer free consultations for all work injury cases. In many cases, we are able to start the process of settlement without you having to pay for our services up front. We normally receive a portion of the settlement award or we receive attorney’s fees directly from the other side.