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Occupational hazards are present in every type of work. If an employee suffers an injury or illness at work, their and the company’s insurance could cover their medical expenses and wage loss, regardless of who was at fault. This coverage is referred to as worker’s compensation. Workers’ compensation lawyers specialize in assisting employees who have suffered work-related injuries or illnesses to navigate the complexities of workers’ compensation claims.
While laws and policies regarding the provision of this insurance may seem straightforward, issues may inevitably arise. Nevertheless, you can consult with workers’ compensation lawyers. They are experts in assisting worker victims in pursuing the maximum benefits they deserve.
Suppose a construction worker dies while on the job or suffers a TBI or other catastrophic injury. They or their loved ones may be eligible to file for workers’ compensation claims. Some individuals can navigate the process of seeking compensation easily. However, this is not the case for everyone. Many victims of workplace accidents still face an uphill battle as employers and insurers attempt to avoid responsibility. They can rely on construction accident lawyers specializing in workers’ compensation in these challenging times.
In essence, workers’ compensation lawyers are dedicated to securing the best possible outcome for injured workers, ensuring that they receive fair treatment under the law and appropriate compensation for their injuries or illnesses.
What Can Workers’ Compensation Attorneys Do For Injured Employees?
Workers’ comp attorneys are dedicated to helping injured employees resolve workplace accident cases satisfactorily. The sad reality is that most employers do not have the best interests of their employees in mind. Their top priority is how much money they can keep while saving face. Conversely, lawyers working on workers’ compensation safeguard the employees’ rights and legal interests even before they consider getting paid.
After a workplace accident, it is natural to ask, “How do workers’ compensation cases work, and how long do they last?” These are just two of the valid questions that deserve answers. Nonetheless, victims can seek assistance from law firms that are experts in these cases, such as Arash Law.
Our experienced lawyers have been managing workers’ compensation cases for many years and are skilled at navigating governing laws. Thus, we can tailor answers to our clients’ specific situations. Remember that choosing competent legal representation is the first step in winning a claim.
Further, our lawyers can facilitate the process of obtaining workers’ compensation benefits so injured employees can focus on their recovery. We can handle the crucial paperwork on their behalf and explain the intricacies of the legal system. We can also connect them with top-notch medical staff near them who can provide appropriate treatment for their catastrophic injuries.
We are a comprehensive personal injury law firm that helps victims, including those harmed while on the job. We aim to ensure our clients get the most workers’ compensation payouts allowed by law.
Why Do You Need Workers’ Compensation Lawyers?
Average working Joes might not fully understand workers’ comp rules to represent themselves. That is why workers’ compensation lawyers could be very helpful to get your benefits in a workplace accident.
Below are some of the things workers’ compensation attorneys can help you with:
- They can evaluate the details of the injury or illness to determine the viability of a workers’ compensation claim and advise on the best legal steps.
- Submit your claim for benefits and ensure all the required information is included in the request. This task involves providing information about the accident and injuries, financial details to show wage losses, and specifying the benefits you are seeking.
- Facilitate a mediation hearing involving you, your employer, and their insurance representative. A third party will be there to assist in resolving disputes and maintaining a civil atmosphere.
- Represent you in a trial if your personal injury lawsuit reaches that stage. If mediation is not successful, legal proceedings may commence. It includes presenting facts, testimonies, and other information to support your case against the insurance company.
- They negotiate with employers and insurers to reach settlements that adequately cover the injured worker’s medical expenses, lost wages, and other related costs.
- They help clients understand the complexities of workers’ compensation law and guide them through the often complicated legal landscape.
When Should You Hire Lawyers To Resolve Your Workers’ Compensation Claim?
After a workplace accident, you might wonder, “When do I need a personal injury lawyer?” The short answer is as soon as you can. Having skilled legal counsel by your side makes all the difference when handling these types of situations. Keep in mind that insurance adjusters aren’t your friends. They are there to make money and would most likely try to shortchange you.
The following are some situations in which hiring a worker’s compensation lawyer is always a good idea:
- Your employer insists that the accident did not happen at work. In some cases, they claim the injury wasn’t sustained at work at all. The same can be said about injuries brought by chemical exposure. These types of injuries take a long time to become apparent. Your employer might dispute when you get injured.
Insurance companies are also likely to question your permanent disabilities that prevent you from returning to work. These cases are the most complicated because they usually involve thousands of dollars.
- Your employer is stalling or not moving your claim forward. This situation is precisely the reason why handling such claims alone is not advisable. Some employers will do their best to convince you to wait for the matter to resolve when, in reality, it isn’t progressing at all.
- Your insurance company denies your claim for some reason. However, this does not mean that your journey should end there. A workplace injury lawyer near you can help you obtain the best possible outcome for your case.
Common Workers’ Comp Claim Denials And How To Fight Them
The following are some common scenarios where lawyers encounter denials in workers’ compensation claims:
The Insurance Company Claims Your Injury Is Non-Compensable
Your employer’s insurance provider may state that your injury is non-compensable as it doesn’t match California’s coverage criteria for workers’ compensation. Insurance companies may take this position due to the term’s vagueness and room for interpretation. With this, seeking legal counsel is the best way to understand your options.
Workers’ compensation attorneys will help you better understand how your injury aligns with California legislation. They can also use many avenues to make your claim progress despite the insurance handlers’ disputes.
The Insurance Company Claims You Suffer From A Pre-Existing Injury
As soon as you hear the insurance company say that you suffer from a pre-existing injury, you know something’s up. This statement is a sign that they are attempting to avoid responsibility. Several companies will go to great lengths to not pay victims for their losses. This explanation is frequently mentioned in relation to workplace injury claims. After all, it’s so easy to tell a victim that it’s their past medical history that brings them discomfort and not their current work conditions.
Lawyers can help you understand how to handle workers’ compensation claim rejections like these. They recognize that your past experiences may not affect the pain and suffering you went through at your company. They can also assert relevant laws. These include the rule stating that individuals who suffer injuries that worsen existing medical issues should receive compensation.
The Insurance Company Claims You Lack The Necessary Supporting Medical Documentation
Sometimes, insurance companies may suggest that you lack supporting medical documentation. This situation happens even if you think you’ve already provided adequate requirements to support your claim. Most of the time, they are just saying so to discourage you or, at the very least, delay your pursuit. Attorneys can provide insight into how to cope with this challenge.
Your employer’s insurance company can review your medical records and other papers related to your work-related injury treatment. However, it is not acceptable for them to pressure you into providing additional documents that are not necessary. These instances are not as common as these corporations want workplace injury victims to think.
You can fight for proper acknowledgment from your employer’s insurance company with the help of workers’ compensation attorneys. They can also assist in gathering and submitting more documentation to support your claim further.
Common Injury Claims Workers’ Compensation Attorneys Handle
Highly skilled workers’ compensation attorneys can handle several varying injury claims. The following are some of the more common types of workplace injuries:
- Head injuries
- Hearing loss or damage
- Broken bones
- Traumatic brain injuries (TBIs)
- Muscular injuries
- Spinal cord injuries
- Chemical exposure (resulting in cancer or mesothelioma)
- Electrocution injuries
It is your employer’s job to ensure all employees work in a safe environment. Several workplace accidents could have been prevented by implementing appropriate safety measures. Also, providing sufficient training is just as crucial.
Frequently Asked Questions
Am I Eligible To File A Worker’s Compensation Claim?
Your eligibility depends on the following:
- Your Employment Status – If you’re a full-time employee, you can likely file a claim. Most states exempt independent contractors, workers with little earnings, and volunteers from coverage. If an employer does not carry workers’ comp insurance, you may need to initiate a worker’s comp lawsuit to recover damages.
- The Statute Of Limitations – You must meet state reporting and filing deadlines for reporting your injury or illness to your employer and initiating a workers’ comp claim or lawsuit. In California, the deadline is two years after the discovery of the injury. Failure to meet these requirements could result in losing the right to pursue and obtain workers’ comp benefits.
Can I File A Worker’s Compensation Claim If I Am Undocumented?
Every worker, regardless of their immigration status, is entitled to protection. Undocumented workers may be able to recover damages from their employers; hence, they are allowed to file a worker’s compensation claim. They may also be qualified to get compensated for unpaid wages and medical expenses.
In order to obtain workers’ compensation benefits, an undocumented worker must meet the same eligibility requirements as a documented worker. A worker must qualify as an employee and suffer a work-related injury or illness, and their employer must carry workers’ compensation insurance.
How Long Do Workers’ Comp Settlements Take?
You may be offered a workers’ compensation settlement at any point during a lawsuit. However, many cases are resolved within six months. Compensation usually comes in when the injured worker has reached maximum medical improvement (MMI). This term refers to the stage at which a doctor decides that the affected employee is back to 100%.
Nevertheless, it’s important to note that every workers’ compensation case is different. Some may require more time to resolve based on the injuries and the number of parties involved in the claim.
How Much Does Hiring A Workers’ Compensation Lawyer Cost?
One reason people hesitate to hire legal counsel is the potential cost. Individuals who need workers’ compensation lawyers are usually in a challenging financial situation. The idea of paying in advance for legal representation could appear excessive. Most law firms in California, particularly Arash Law, acknowledge this, so they operate on a contingency fee basis.
Under this arrangement, our personal injury lawyers who handle workers’ compensation cases do not charge by the hour and do not require upfront payment to secure their services. They only receive a previously agreed-upon amount from the settlements they secure for their clients. The percentage for workers’ comp often hovers around 15%, but it might vary based on the specifics of the case.
How Do I Know If I Found The Right Worker’s Compensation Lawyer?
Finding the right California workers’ compensation attorney involves evaluating more than one attribute to make the best decision for your situation. You’ll know if you have found the right lawyers if they have these qualities and abilities:
- Experience in workers’ compensation cases – A lawyer with extensive expertise understands case complexities and insurance strategies, which is vital for addressing discrepancies in your claim, filing an appeal for unfavorable qualified medical examiner reports, and fighting general disputes in settlement negotiations.
- Honesty and transparency – A trustworthy lawyer openly communicates the strengths and weaknesses of your case to ensure you have a realistic understanding of your situation. This integrity builds confidence and trust, assuring you that your lawyer is transparent and committed to your best interests. Good attorneys keep their clients updated regularly. They provide timely information and progress reports to maintain clear and open communication throughout the legal process.
- Accessibility of services – Most attorneys in California work on a “no win, no fee” basis, meaning clients don’t have to pay anything upfront. They cover most of the necessary expenses of your case, like medical records and expert fees, from their funds. If the case succeeds or settles, the lawyer gets reimbursed for these costs by the workers’ compensation carrier without affecting your benefits.
- Compassion and empathy – They provide compassionate support and expert guidance, ensuring you have the help and understanding you need during this challenging time. Their caring attitude should make you feel appreciated and supported during tough times.
- Knowledgeable in personal injuries – Whether you sustain an injury at work or any job-related illness, there’s always a medical side to it that’s important for your case. Your workers’ comp attorney should understand the injury or illness well and work closely with doctors to build a strong case and win you the compensation you deserve.
- Relentless Representation – The right lawyer sticks with your case, not just for money. They will focus on your goals and needs. This is vital, especially when fighting against big companies like Amazon, Target, Walmart, and other businesses.
Worker’s Compensation Cases Our Lawyers Resolved
Throughout the years, our personal injury attorneys have successfully won over $750 Million in settlements and awards for injured victims. Here are some of our most notable wins involving worker’s compensation cases:
$11,250,000
Our client suffered a serious traumatic brain injury, broken ribs, a shattered jaw, and other internal injuries after falling four stories down an elevator shaft. After the legal proceedings, we obtained the $11.25 Million settlement. In the structured settlement, our client received a lump sum of $500,000 and $33,000 monthly for the rest of his life.
$6,500,000
Our attorneys represented a client who suffered a mild TBI and spinal cord injury after falling off a roof. Initially, the employer denied liability, but a trial was conducted. The client secured in-patient rehabilitation and negotiated a $5.89 Million workers’ compensation and $610,000 third-party settlement.
$5,325,000
Our client, who was a window washer at the time of the accident, sustained a traumatic brain injury and other traumatic injuries when he fell from a height.
$5,250,000
A distracted driver struck our client, who became paraplegic after the car accident. We were able to add additional workers’ compensation benefits from our client’s employer since he was working at the time of the incident. The maximum policy limit was $5.25 Million, and we were able to resolve the case for the full amount.
$4,300,000
Our client was injured in a motor vehicle accident during the course and scope of his employment and sustained a traumatic brain injury.
$3,120,000
Our client was working as a truck driver and was asleep in the cab when his co-driver was involved in a truck accident. Our client was thrown from the cab, leading him to sustain a traumatic brain injury and multiple injuries. Arash Law helped him get into a rehabilitation facility, and he was awarded $3.12 Million.
$2,500,000
In 2017, our client, a commercial driver, was in the course and scope of his employment and was assisting a wheelchair-dependent patron into his van in Woodland Hills. The van was struck by another vehicle, which struck our client, causing injuries to his head, chest, and back. The parties agreed to settle our client’s workers’ compensation claim for $2.5 Million.
$2,269,000
In March 2016, our client was working as a construction worker when he fell off a roof and suffered a mild TBI. While the defense accepted the claimed injury, there was a dispute regarding the nature and extent of medical care our client would require. The parties agreed to settle for $2,269,000.
$2,000,000
We represented a 19-year-old farm worker injured by customized farm equipment while working in the fields. Although the client continues to have a viable workers’ compensation case, we secured the maximum settlement against the custom farm equipment manufacturer as a product liability case.
Get In Touch With Experienced Workers’ Compensation Attorneys Today!
Are you in need of legal assistance with workers’ compensation? Don’t wait any further! Consult with Arash Law’s recording-setting workers’ comp injury attorneys. We would be pleased to give you a complimentary case review with our skilled personal injury attorneys who handle workers’ comp cases.
Submitting a workers’ compensation claim can be a difficult and stressful process. This challenge is more profound, especially when dealing with the physical and emotional impact of not being able to engage in the things you formerly loved. Avoid trying to handle this difficult situation yourself. Our compassionate workers’ compensation injury lawyers can be your best ally.
At Arash Law, we promise to give you 200% effort every step of the way. We will stop at nothing to get what you rightfully deserve. Call us now at (888) 488-1391.
Our personal injury attorneys are ready to assist injured workers from Los Angeles, San Diego, San Jose, San Francisco, Fresno, Sacramento, Long Beach, Oakland, Bakersfield, and Anaheim.
