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If you have suffered an injury on the job, you are entitled to workers’ compensation benefits. However, understanding your rights in these situations and the amount of compensation you are entitled to can be complex. An Orange County workers’ compensation attorney can help you navigate the claims process and advise you on your legal options.
Arrange a free consultation today by calling Aegis Law Firm at (949) 379-6250 or sending us a message online.
Valid workers’ compensation claims are often wrongfully denied, or employers’ insurance companies offer unfairly low settlements. To protect yourself from being barred from benefits or accepting an offer that does not accurately reflect the extent of your losses, an Orange County workers’ compensation attorney can be your advocate. They will deal with your employer’s insurance company, reduce or eliminate the hassle of any paperwork, and negotiate fair payment on your behalf.
The types of workers’ compensation benefits available after a work injury in Orange County generally include the following:
Reasonable medical treatment for your injury and related symptoms, per the Division of Workers’ Compensation’s (DWC’s) guidelines. Your employer’s insurer must pay up to $10,000 even if your workers’ comp claim is eventually denied.
Typically two-thirds of your weekly wages while you are recovering.
Permanent disability benefits are available if your doctor confirms you cannot recover fully. The benefit amount will depend on various factors, such as your impairment level, age, and occupation.
If you cannot return to your same job position due to your injury, up to $6,000 may be available to pay for retraining or skill enhancement so you can work in a different position or job.
If a worker is killed, their family will receive up to $10,000 for burial expenses and a lump sum, ranging from $250,000 to $320,000. Weekly benefits may also be distributed to minor children until they turn 18, equal to the amount the worker would have received for temporary disability benefits.
Going through the workers’ compensation claims process alone can put you at a severe disadvantage. Ideally, you should contact a workers’ comp lawyer as soon as a work injury occurs. Even if you believe your injury is minor and the situation is uncomplicated, scheduling a free consultation with a workers’ compensation attorney in Orange County can help you understand the process, alert you of potential pitfalls, and advise whether you can handle the case on your own.
On the other hand, if you wait to contact a lawyer, hire one as soon as possible if your employer or their insurance company denies your claim, if your employer attempts to stop or modify your benefits, attempts to control your medical treatment, or if there is a third party involved in your work injury. If a third party contributed to your accident, you may be entitled to pursue an additional claim for further compensation beyond what workers’ compensation benefits cover.
Workers’ comp is provided to employees who have been injured in a work-related accident. Compensation is provided by your employer’s insurance provider. Most employers in California are required to carry workers’ comp insurance.
Workers’ comp should cover your injuries and provide income to make up for lost wages from time off work. It is not meant to serve as a permanent source of income for temporary injuries.
If your employer or the insurance company is making it difficult to obtain your benefits, then the state may provide you with disability benefits until the issue is resolved. However, if you have a permanent disability, you could be entitled to lifetime benefits from workers’ comp.
You must meet the following criteria to obtain permanent disability benefits from workers’ comp:
By law, all California employers must carry workers’ compensation insurance, regardless of the number of employees. Workers’ compensation insurance is designed to protect employers from being sued for work injuries. As a result, employees can receive benefits for a work injury regardless of who was at fault.
Injured workers are also protected by law against retaliation by an employer for filing a workers’ compensation claim. In other words, a company cannot take revenge by reducing a worker’s hours, terminating their employment, etc. It is a criminal offense if an employer fails to purchase workers’ compensation insurance. Under these circumstances, injured employees can file a lawsuit against their employer to recover compensation.
Contact Aegis Law Firm online or by calling (949) 379-6250 to arrange a free consultation.