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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 accidents at work functions 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 sounds like a straightforward process, you may find yourself needing legal counsel to handle the whole thing. To ensure you’re making a decision pivotal to your future, 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 fight for maximum compensation.
However, with many things to consider and questions to answer, you might wonder, “Is hiring a lawyer right for me?” While the benefits workers’ compensation attorneys bring are numerous, the reality is there can be potential downsides, too. For one, despite the greater chance of success in your claim, there really is no promise that you’ll get what you want. 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 be a game-changer. Here’s what a workers’ compensation lawyer can do for you:
Expertise And Knowledge
One significant advantage of hiring an established workers’ compensation lawyer is the wealth of knowledge and expertise they bring to the table. Their deep understanding of workers’ compensation laws cuts through the jargon, ensuring you don’t miss a crucial step. These lawyers for injured workers have handled similar cases to yours before, so they have a strategic edge in maximizing your potential benefits.
Knowledgeable personal injury lawyers who handle workers’ compensation cases understand the nuances of the system, the unspoken rules, and the best tactics for advocating for your rights. They know the ins and outs of the claims process and how to deal with potential legal hurdles. Leveraging their mastery of the law means giving your claim its best chance of success.
Furthermore, workers’ compensation claims may require a lot of paperwork. Your attorney can streamline this process, allowing for more precise and on-time submission of all documentation.
Maximum Compensation
Injured employees who hire a workers’ compensation lawyer receive five times higher payouts than those who don’t. Lawyers know the true worth of a claim and are experts at outlining the full scope of eligible benefits. They can also help ensure you receive all the necessary medical care, from doctor visits to 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 are 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 fight for every dollar you’re entitled to, so you can rest easy knowing you have the resources you need to focus on healing and getting back on your feet.
Protection From Retaliation
Your workers’ compensation attorney can be an additional layer of protection from intimidation, harassment, or retaliation from an 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, such as physicians, financial experts, and private investigators, who can help strengthen your case even more.
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 experts, and arranging for re-examinations with trusted healthcare professionals.
Skilled Negotiation
Hiring a workers’ compensation attorney ensures you have a dedicated advocate negotiating, strategizing, and fighting for your interests throughout the claims process. Attorneys who are good at their jobs design effective legal strategies based on the specifics of your case.
You can count on your attorney to represent you in hearings, negotiations, and other legal proceedings. They will ensure your voice is heard and your rights are respected. Their role includes effective communication and negotiation with your employer and their insurance company, ensuring all discussions are fair and focused on getting you the benefits you deserve.
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, coach 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 once they successfully secure a settlement or award for you. The fee is a certain percentage of your compensation, which is deducted directly from the final amount.
Contingency fees help to make professional legal assistance accessible and affordable. You don’t have to worry about upfront costs. This approach also helps drive lawyers to do their best. Their payment depends on the amount you’ll get after all. Your lawyers’ interests coincide with yours, assuring you that they are vigorously defending your rights.
Peace Of Mind
Finally, hiring a lawyer for your workplace injury case can give you the peace of mind you need during this turbulent time. You shouldn’t have to worry about figuring out the workers’ compensation system on your own after an injury at work. Finding out which forms to fill out, what steps to take next, and how to contact your employer can be pretty stressful.
An experienced workers’ compensation lawyer will provide peace of mind since they will fight for your rights and advance your case toward a just and fair conclusion. At a time when you should be healing from your wounds, this can help you feel less stressed and more at ease.
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
Attorney’s fees correspond to their years of experience and expertise. However, clients might find the rates too steep. Many may feel that the costs are too much to afford. Some workers’ compensation attorneys offer a contingency fee agreement and only get paid if you win. This means that if your case is successful, their fees will be subtracted from your benefits or settlement. The percentage of the final settlement or award that goes to the law firm might seem like a big chunk. However, with the help of a lawyer, you can also expect a much bigger payout on your claim.
If you have concerns about your attorney’s cut at the end of the process, discuss these fees with your attorney as soon as possible to ensure you’re both on the same page. Transparency will also prevent any surprises down the line, setting up a mutually fair agreement from the get-go.
Time
Attorneys are thorough. They investigate every angle of your case. While this is beneficial for maximizing your claim, it could extend the time the claim takes to resolve. This process involves meticulous evidence gathering, negotiating with insurers, and possibly going to trial.
However, this longer process entails a stronger, more solid case that can help you win a fair settlement. Patience will be essential in a more comprehensive legal approach to secure the best possible outcome, though not necessarily the quickest.
Strained Relationship With Employer
Even if your goal is to obtain 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. Talk to your employer about your decision to seek legal counsel, but frame it as simply wanting to ensure 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 worker’s comp case does not guarantee that you’ll win a fair settlement. However, you’ll have a much better chance of winning than taking on the case alone. Remember, your company probably has its own team of lawyers and insurers who are prepared to make the legal process all the more confusing and difficult for you. In this case, you’ll need a reliable ally by your side to level the playing field. For this reason, you need a workers’ compensation lawyer who will stop at nothing to get you what you deserve.
When To Hire A Worker’s 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 expertise can be invaluable.
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 overcome these obstacles.
A lawyer will guide you through the appeals process, fighting for 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 tactic to reduce or deny the benefits you require and deserve.
Your lawyer can help you navigate your claim, ensuring that your new injury is recognized as a distinct workplace accident, regardless of your prior medical condition. They can also obtain an expert medical opinion to demonstrate how 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 always 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 over minor conditions, as the costs involved 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 expertise of a workers’ compensation attorney, victims might miss out on the possible compensation they deserve, especially if their injuries get worse over time or if complications come up.
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 mandate that employers provide workers’ compensation benefits to workers. This allows employees to get 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 will typically assign a doctor to assess the injured or sick employee. This medical evaluation allows the insurer to determine the type and amount of benefits the employee is entitled to. They should notify you of your claim’s status within 14 days of submission.
You’ll receive a lump sum or a structured settlement if the insurer approves your claim. If your claim is denied, you may still be able to appeal the decision. This process can be complicated, so it’s best to consult a workplace injury lawyer for proper 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, contact an employment lawyer to discuss your situation.
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 and 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, 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 a workplace, following these steps to limit the damage and protect yourself is essential.
- Seek medical care — Ask for medical help immediately, even if the damage seems minor. If it’s an emergency, call 911 immediately.
- Report the injury to your supervisor instantly — 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. Make sure to request a copy of this document.
- Contact our workers’ compensation lawyers. — We will explain your legal rights and explore other avenues for getting compensation, like 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. 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, you should hire a knowledgeable lawyer as soon as possible.
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 share of the settlement. If you lose, your lawyer doesn’t get paid. Their share is a fixed percentage based on the lawyer’s experience and the case’s complexity. It averages between 10% and 20%.
How Much Are Workers’ Compensation Claims Worth?
The amount of money you get for your claim varies depending on several factors, such as:
- The treatment needed
- Your salary
- The type of injury
- The severity of the injuries
Higher settlement amounts are typically awarded to workers with more severe injuries than those with minor sprains or contusions. The best way to ensure your compensation is determined correctly is to hire a workers’ compensation attorney with experience. You do not want to accept a settlement that does not provide you with enough money to cover your expenses over time in case your injuries are permanent.
Our Workers’ Compensation Lawyers Produce Winning Results
To give you an idea, here are some examples of workers’ compensation claims our lawyers have won for our clients:
$11,250,000 — Our client fell four floors down an elevator shaft and sustained severe head injuries, as well as broken ribs, a fractured jaw, and other bodily injuries. Ultimately, our very own Attorney Tina Eshghieh, Esq., secured a settlement of $11.25 Million for his expenses and losses.
$6,500,000 — Our client fell off a roof in his workplace and sustained a mild traumatic brain injury (TBI) and a spinal cord injury. Initially, the employer rejected responsibility, saying that our client was working on the roof as a favor for the employer and not as part of his job. Our litigation attorneys took the case to trial and secured in-patient rehabilitation for our client.
Then, our personal injury attorneys worked out a workers’ compensation deal worth $5.89 Million and a third-party settlement worth $610,000 for our deserving client. This gave him the money he needed to continue his recovery.
$3,120,000 — Our client’s co-driver was involved in an accident while they were asleep in the cab, causing our client to be ejected from the vehicle. This unfortunate event resulted in our client sustaining a traumatic brain injury along with various other physical injuries.
After undergoing limited treatment for a long time, our client finally enlisted the services of Arash Law, led by Arash Khorsandi, Esq. Our injury lawyers admitted them to a neurorehabilitation center and secured a settlement of $3.12 Million.
Injured At Work? Seek Help From The Workers’ Compensation Attorneys You Can Trust
Our attorneys are dedicated to safeguarding 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 won over $500 Million in settlements and awards, helping thousands of clients get back on their feet. Our law firm can do the same for you.
If you’re thinking, “I need a personal injury lawyer,” you’re in the right place. Contact our workers’ compensation attorneys immediately by calling (888) 488-1391.
Our injury lawyers provide services throughout 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.
