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As someone trying to make a living, the last thing you need is to get injured at work. California law provides you with a workers’ compensation system where you can claim benefits for your injuries and losses. However, the process doesn’t always go smoothly. From correctly filing the claim within specified timeframes to dealing with insurance companies, some requirements can often be challenging to handle, especially when you’re still recovering.
Workers’ compensation for work-related accidents serves as a two-pronged safety measure. It provides employees like you, who are suffering from work-related injuries or illnesses, with medical benefits and payment for lost wages. On the flip side, it shields employers from potential lawsuits by injured employees. The system is a no-fault insurance program, meaning you don’t need to prove your employer was negligent to qualify for benefits.
While this may seem straightforward, you may find that legal counsel can be helpful in managing the legal aspects of the claims process. To determine whether you’re making the right decision, you must know the pros and cons before hiring a workers’ compensation attorney.
Is Hiring A Workers’ Compensation Attorney Worth It?
If you’re suffering from a work injury, an experienced workers’ compensation attorney can help streamline the claims process on your behalf. They know the Labor Code by heart, so they can advocate for the rights of injured workers like you and pursue fair compensation on your behalf.
However, with many things to consider and questions to answer, you might wonder, “Is hiring a lawyer right for me?” While workers’ compensation attorneys can offer many benefits, there are also potential drawbacks to consider. For example, even with legal representation, there is no guarantee that your claim will result in your desired outcome. Ultimately, understanding the pros and cons of hiring a workers’ compensation attorney is critical to making an informed choice.
Advantages Of Hiring A Workers’ Compensation Lawyer
Working with an experienced lawyer for your workplace injury claim can provide valuable guidance and support. Here’s what a workers’ compensation lawyer can do for you:
Experience And Knowledge
One significant advantage of hiring a qualified workers’ compensation lawyer is the wealth of knowledge and experience they bring to the table. Their deep understanding of workers’ compensation laws can clarify complex terms, helping you navigate each step more efficiently. These lawyers for injured workers have likely handled cases similar to yours, which may assist them in pursuing potential benefits on your behalf.
Knowledgeable personal injury lawyers handling workers’ compensation cases understand the nuances of the system, the unspoken rules, and the tactics for advocating for your rights. They are familiar with the complexities of the claims process and can help you navigate potential legal hurdles. Leveraging their knowledge of the law can help you present a well-supported claim.
Furthermore, workers’ compensation claims often require a substantial amount of paperwork. Your attorney can streamline this process, allowing for more precise and timely submission of all documentation.
Fair Compensation
Injured employees who hire a workers’ compensation lawyer may be able to pursue higher payouts than those who don’t. Lawyers understand the full potential value of a claim and are skilled at identifying all eligible benefits. They can also help you access necessary medical care, including doctor visits, specialist consultations, and rehabilitation.
However, it doesn’t stop there. A lawyer will explore potential avenues for additional benefits you might not even be aware of. Among these options is vocational rehabilitation if your injury affects your ability to return to your previous job or ongoing disability payments for long-term impairments. The right workplace injury lawyers will navigate the legal process to advocate for full compensation for your losses. This way, you can focus on healing from your injuries and getting back on your feet.
Protection From Retaliation
Your workers’ compensation attorney can serve as an additional layer of protection if you experience intimidation, harassment, or retaliation from your employer and other involved parties. Despite the law prohibiting employers from discriminating against employees seeking workers’ compensation benefits, some continue to do so.
An employment law attorney can help you collect evidence of retaliation if you were, for example, wrongfully terminated during your workers’ compensation case. We can also connect you with our network of professionals, including physicians, financial experts, and private investigators, who can further support your case.
Assistance With Appeals
Not all workers’ compensation claims are approved on the first go. Claims can be denied for various reasons, such as incomplete paperwork, suspicion of fraud, or disputes over work-related injuries. The process doesn’t have to end here, though. You have the right to appeal and challenge the decision.
An attorney who frequently handles workers’ compensation cases can help you understand the reasons behind the denial and how to address them effectively in an appeal. They’ll review your paperwork, identify weaknesses or oversights, and help you collect additional required evidence. This process could involve gathering medical records, taking depositions of medical doctors, and arranging for reexaminations with healthcare professionals.
Skilled Negotiation
Hiring a personal injury attorney for your workers’ compensation claim means having a dedicated advocate who will negotiate, strategize, and represent your interests throughout the claims process. Attorneys who are good at their jobs design effective legal strategies based on the specifics of your case.
Your attorney will also represent you in hearings, negotiations, and other legal proceedings, working to help make your voice heard and your rights respected. Their role includes communication and negotiation with your employer and the insurance company, and keeping all discussions objective and focused.
Court Representation
If your case ends up in a hearing or trial, your attorney will serve as your representative in court. They will prepare for the legal battle ahead, organize the necessary evidence, guide you on what to say, and present a compelling case to the judge and jury.
Contingency Fee Arrangement
Workers’ compensation lawyers typically charge on a contingency fee basis. Under this arrangement, your attorney will only get paid if they successfully secure a settlement or award for you. You won’t owe attorney’s fees if no compensation is obtained. With that said, there may be other case-related costs to shoulder regardless of the outcome of your claim. Consult with our legal team for information about our fee arrangement and other cost-related inquiries.
Contingency fees help make legal assistance more accessible, as there are no upfront attorney’s fees. Rather than a fixed amount, payment for attorney’s fees is based on a percentage of the compensation recovered. This approach allows lawyers to align their interests with yours and work diligently to advocate for your rights.
Comprehensive Case Management
Finding out which forms to fill out, what steps to take next, and how to contact your employer can be a stressful process. Hiring a lawyer for your workplace injury case can help handle the legal legwork on your behalf during this challenging time. You shouldn’t have to worry about figuring out the workers’ compensation system on your own after an injury at work.
At a time when you should be healing from your wounds, an experienced workers’ compensation lawyer will advocate for your rights and help move your case forward.
Disadvantages Of Hiring A Workers’ Compensation Lawyer
The benefits of hiring a workers’ compensation attorney are numerous, but some aspects might not align with your expectations. These drawbacks might be worth considering before making your final decision.
Here are some reasons why people second-guess hiring a workers’ compensation attorney:
Cost
An attorney’s legal fees typically correspond to their years of experience and skill level. However, some clients may find the rates too steep or unaffordable. Some workers’ compensation attorneys offer a contingency fee agreement to help ease this financial burden. This means that if your case is successful, their fees will be subtracted from your total settlement or award.
If you have concerns about your attorney’s cut at the end of the process, discuss these issues with your attorney. Transparency will also prevent any surprises down the line, establishing a mutually fair agreement from the outset.
Time
Attorneys are thorough. They investigate every angle of your case. However, while this action may be beneficial in some cases, it may extend the time to resolve your claim. This process involves meticulous evidence gathering, negotiating with insurers, and possibly going to trial.
However, this longer process entails a stronger, more solid case to help you pursue a fair settlement. Patience will be essential in a more comprehensive legal approach when seeking a favorable outcome, though the process may take time.
Strained Relationship With Employer
Even if your goal is to pursue fair compensation, hiring a lawyer can sometimes result in a hostile work environment, especially if your employer has never dealt with workers’ compensation claims involving legal representation.
Open communication can bridge any potential gaps. Discuss your decision to seek legal counsel with your employer, but frame it as simply wanting to work toward a smooth and efficient process for everyone involved. Transparency can go a long way toward maintaining a positive working relationship.
Note that workers’ compensation laws protect your right to legal representation. Hiring an attorney shouldn’t negatively impact your job security or future opportunities within the company. Discuss your options with your lawyer if you encounter any concerns or unfair treatment.
No Promise Of Success
Hiring a lawyer for your workers’ comp case does not guarantee that you’ll win a fair settlement. However, your chances for a favorable outcome may improve compared to taking on the case alone. Remember, your employer likely has their own team of lawyers and insurers who will handle the case for them, which can make the process more complex. In this case, working with a workers’ compensation lawyer can be beneficial. They will work diligently to pursue fair compensation and are committed to advocating for your rights.
When To Hire A Workers’ Compensation Attorney
Sometimes, work injuries take a turn for the worse, leaving you wondering if it’s time to call in legal reinforcements. Here are some situations where a workers’ compensation attorney’s skill and experience can be beneficial.
The Insurance Company Denied Your Claim
Your employer or their insurance company may deny your claim due to various reasons, such as disagreements over its validity, the circumstances of the injury, or even the timing of your submission. In such cases, having a lawyer representing you can help address these obstacles.
A lawyer will guide you through the appeals process, representing your interests every step of the way. They’ll build a persuasive case by carefully examining the facts, collecting necessary medical and incident reports, and arranging expert testimonials if needed.
You Sustained Severe Injuries
Some injuries heal quickly, but others leave long-lasting effects. If your injury requires surgery, extended recovery periods, or limits your ability to work, consider hiring a workers’ compensation attorney. Due to the long-term or severe nature of the injury, you might be eligible for a higher settlement. This also means you’re more likely to encounter resistance from your employer or their insurance company.
You Have Pre-Existing Conditions
If a pre-existing condition is part of your medical history, securing workers’ compensation for workplace injuries can get more complicated. Your employer or their insurance carrier might argue that your current injury is not work-related but rather a result of your pre-existing condition. It’s a common defensive argument that may reduce or deny the compensation you are pursuing.
Your lawyer can help you navigate the complexities of your claim and establish that your new injury is recognized as a distinct workplace accident, regardless of your prior medical condition. They can also seek expert medical opinion from a doctor to demonstrate whether your work aggravated, accelerated, or contributed to your condition.
Do You Need Workers’ Compensation Attorneys For All Work Injury Cases?
While seeking legal counsel is generally wise, there are certain situations where you might be able to handle your claim independently. Here are some scenarios where you might not need a workers’ compensation attorney:
You Sustained Minor Injuries
Many victims choose to handle their claims themselves if they have minor injuries, believing it’s a straightforward process. Employers and insurance companies are less likely to dispute claims for minor conditions, as the associated costs are relatively low. However, note that some injuries might only seem small at first. Some minor conditions may have drastic effects in the future. Without the assistance of a workers’ compensation attorney, victims might miss out on potential compensation available to them, especially if their injuries get worse over time or if complications arise.
The Claim Is Straightforward
When the circumstances of your claim are clear, the process can often be managed directly without the assistance of a lawyer. In such cases, your employer and their insurance company typically comply with the necessary payouts without creating challenges or raising objections.
Because of the lack of contention, finding legal representation may amount to an extraneous expense that doesn’t significantly contribute to your claim’s efficient resolution.
Employer Agrees That The Injury Is Work-Related
Sometimes, your employer acknowledges from the get-go that the injury occurred during the course of your work duties. This recognition can significantly streamline the compensation process. When there’s no dispute regarding the legitimacy of the incident or its setting, the focus shifts toward a smooth journey to compensation.
How Do Workers’ Compensation Settlements Work?
California laws require employers to provide workers’ compensation benefits to their employees. This allows employees to receive compensation if they get sick or injured on the job.
Injured workers must inform their employers of their injury within 30 days after the date of the accident. The employer will then submit a claim to their insurance provider. The insurance company typically assigns a doctor to assess the injured or ill employee. This medical evaluation enables the insurer to determine the type and amount of benefits that the employee may be eligible to pursue. They should notify you of your claim’s status within 14 days of submission.
If the insurer approves your claim and you accept it, you’ll receive a lump sum or a structured settlement. If your claim is denied, you may still be able to appeal the decision. This process can be complicated, so you may want to consult a workplace injury lawyer for guidance.
You may be able to return to work after you’ve recovered sufficiently. However, if you’ve incurred a disability that affects your ability to perform your job, you may be able to request alternative work arrangements.
Know that your employer cannot fire or retaliate against you for filing a workers’ compensation claim. That’s illegal. If you believe you’re experiencing retaliation, an employment lawyer can evaluate your case and explore potential legal options.
What Benefits Are Covered By Workers’ Compensation?
Here are some of the benefits that employees are eligible for under workers’ compensation insurance:
- Hospital and Medical Expenses — These include treatment costs, doctor fees, surgery, and prescription drugs.
- Ongoing Medical Care — Employees may be entitled to compensation if they need long-term medical assistance, such as occupational, physical, speech, and other rehabilitation therapies.
- Disability Benefits — If an employee becomes temporarily or permanently disabled, they can receive partial wages and other monetary compensation.
- Death Benefits — The employee’s financial dependents can claim compensation for funeral and burial expenses, as well as benefits for wrongful death.
What Injuries Are Covered By Workers’ Compensation Claims?
How severe your workplace injuries are typically depends on the type of accident you had. Regardless, workers’ insurance covers injuries sustained at a workplace or due to a work-related activity, which can include the following:
- Traumatic Injuries — These are immediate injuries, such as a broken hip from a slip and fall incident, whiplash from a car accident while on the job, or a head injury from a falling object on a construction site.
- Occupational Illnesses — Exposure to toxic chemicals and hazardous conditions can lead to health issues like respiratory diseases, hearing loss, or even mesothelioma.
- Repetitive Stress — Employees can sustain injuries from performing repetitive motions, such as typing on the keyboard all day or working in an assembly line.
- Psychological Injuries — A workers’ comp claim can sometimes cover the mental health effects of a work-related injury. Moreover, an injury due to work-related stress or anxiety could be grounds for a valid claim.
What To Do If You Get Injured In The Workplace
If you get injured in the workplace, following certain steps may help limit the damage and protect yourself.
- Seek Medical Care — Ask for immediate medical help, even if the damage seems minor. If it’s an emergency, call 911.
- Report the Injury to Your Supervisor — Make it clear that the injury you got on the job was due to what you did while on duty. Then, the supervisor has to submit an accident report.
- Get a Copy of the Accident Report — It serves as a valuable record of events that you can use to show that your job caused your accident and injury. It can also benefit you in cases where you require time off work or need to make a claim.
- File a Claim — Your employer will give you a form to fill out. Complete the “employee” section of the form and return it to your employer. They will then forward it to the insurance company. Also, request a copy of this document.
- Contact Our Workers’ Compensation Lawyers — We will explain your legal rights and explore other avenues for seeking compensation, such as filing a personal injury claim in case a third party is involved.
Frequently Asked Questions
What Are My Rights Under Workers’ Compensation In California?
Under the workers’ compensation system, workers in California are granted specific rights and protections. These rights include the right to file a claim for compensation, the freedom from employer retaliation for pursuing workers’ compensation benefits, the right to substantial compensation for long-term and permanent disabilities, and the right to medical treatment for work-related injuries.
If you think any of your rights are being violated or denied, consider hiring a knowledgeable lawyer for your case.
How Much Do Workers’ Compensation Lawyers Get Paid?
Workers’ compensation lawyers typically get paid on a contingency basis. If you win your case, the lawyer will get a percentage of the settlement or award. If compensation is not obtained, your lawyer doesn’t get paid. Please note that there may be additional case-related costs that will be charged separately, regardless of the outcome. Contact your lawyer to discuss fee arrangements and other cost-related questions.
How Much Are Workers’ Compensation Claims Worth?
The compensation for a claim varies depending on several factors, such as:
- The treatment needed
- Your salary
- The type of injury
- The severity of the injuries
Generally, workers with severe injuries may pursue higher settlement amounts than those with minor sprains or contusions. Still, the amount may vary, and one way to properly evaluate your potential compensation is to hire an experienced workers’ compensation attorney. This way, you do not have to accept a settlement that is insufficient to cover your expenses over time, especially if your injuries are permanent.
Injured At Work? Reach Out To Our Workers’ Compensation Attorneys
Our attorneys are dedicated to representing California’s workers. Throughout our many years of experience, our workers’ compensation lawyers have dealt with a wide variety of insurance policies and cases involving work-related injuries. We’ve helped clients pursue fair compensation for the injuries and losses they have incurred due to an accident. Our law firm can do the same for you.
Additionally, if your injuries result from a car crash and you’re thinking, “I need a personal injury lawyer,” we have a team of car accident lawyers who can guide you through the legal process. Contact us at (888) 488-1391 for a free initial consultation.
Our injury lawyers offer legal services to clients across California, including Los Angeles, Santa Clarita, San Diego, Sacramento, San Francisco, Oakland, San Jose, Anaheim, Long Beach, Stockton, Bakersfield, Riverside, Fresno, Irvine, Modesto, Kings County, San Bernardino County, Redondo Beach, Garden Grove, Downey, El Centro, Pasadena, California City, Palm Springs, Santa Barbara, Santa Maria, San Luis Obispo, Livermore, Monterey, Salinas, Visalia, Menifee, Chico, Eureka, Geyserville, Apple Valley, Hawthorne, Berkeley, and Humboldt County.
