10 Signs You Need to Hire a Workers Compensation Lawyer in Californiaby Burgis Law Workers Compensation Law Firm
and accidents can happen to anyone at any time, and they can happen in your
workplace. An employee may face an accident while performing his task, and the
employee may ask for compensation from the company or firm. Help depends on the
type of injury the worker has suffered in the workplace.
An employee can file a serious claim with the firm if he is injured or permanently disabled due to injury. The employee's company will also bear the medical expenses, even if the injury is temporary or less severe. It is important to hire a worker's compensation lawyer to file an employee compensation claim in court to ensure correct compensation.
What Is The Role Of Worker's Compensation Lawyer?
A workers' compensation lawyer represents employees who have been injured or disabled on the job. Typically this attorney brings actions to the workers' compensation assembly to obtain benefits. Benefits are based on the severity of the long-term disability injury and certain medical bills. However, the employer's attorney or the insurance company attorney may attempt to dispute the claim; in this sometimes complex field, an experienced attorney can make a big difference for an injured worker seeking benefits.
Worker compensation lawyers help you determine if there are parties other than the employer that you can sue for damages. Still, most workers have to turn to their employers and insurance companies to provide medical benefits and financial support if not. They can work. This means that the stakes are very high when claims are denied or when employers try to force you to accept fewer benefits than you deserve. To ensure your rights are protected, you should avoid signing forms or papers until you have spoken with a worker compensation lawyer and fully understand your rights.
In this article, we have discussed ten signs you need a worker compensation lawyer in California. Keep reading!
1- Your Insurance Company Or Employer Denies Your Claim
In case your insurance company denies paying you entitled benefits after an injury or benefits. You should hire a worker's compensation lawyer who can handle your legal procedures and help you to file legal documentation against your insurance company.
ü During an injury or disability, an employee is entitled to benefits such as
ü Medical care
ü Payment of lost wages while you are not able to work due to physical or mental disability.
ü Reimbursement for the permanent loss of function caused by your work injury (permanent disability)
ü Job retraining benefits if you are unable to return to your previous job
In some cases, employers and insurance companies deny giving above mentioned benefits to employees and employees have to bear all financial expenses on their own. In such a situation, it is better to hire a worker's compensation lawyer to help you in getting entitled benefits and assist you in court trials.
2- Your Employer Is Not Paying Your Benefits Timely
In case of any injury or disability face by employees, it is the employer's responsibility to help the employee by giving them entitled benefits. You need to hire a worker's compensation lawyer in case your employer is not giving you entitled benefits timely or throwing tantrums while helping you.
In California, as per worker's compensation laws, insurers can reject or accept your claim within 90 days from the day you filed your case, and insurance companies only have 30 days to accept and reject the case. In most cases, insurance companies make their decision within 14 days of filing a case.
If your employer's insurance company does neither, you may be able to collect a penalty. Some states impose penalties on insurers who are late in making benefit payments. An example is Massachusetts, which imposes a penalty of two hundred dollars.
3- The Settlement Offer Won't Cover All Your Losses
In case of personal injury or disability, it is an insurance company and employer's responsibility to compensate for all your losses. Contacting an experienced California workers' compensation attorney may be the best way to protect your rights to receive workers' compensation benefits. An attorney is especially advisable when you experienced a repetitive strain injury or illness and in cases where it is more difficult to prove a connection to your work.
4- You Are Suffering From Partial Or Complete Disability
Under California state workers' compensation laws, almost all employees are covered by workers' compensation insurance. When an illness or injury occurs as a direct result of job duties, the employee must notify his employer. Regardless of whether the employer was ignorant or made mistakes, workers' compensation benefits should be available.
This is true if you were injured in a workplace accident if you suffered a repetitive strain injury, or if you become ill because you were exposed to chemicals or toxins on the job.
You should hire a workers compensation lawyer in case you are not getting The benefits that are provided through workers' compensation which include the following:
ü Payment of all medical bills and treatment costs.
ü Temporary disability benefits if the employee is unable to work for a specified period or has been assigned a restricted duty.
ü Permanent disability benefits if the employee has achieved the maximum possible medical improvement and is still unable to return to work from before his injuries.
ü Death benefits if the work injury was fatal.
5- You Are Planning To Apply For Social Security Disability Benefits
If you take social security disability benefits, all your benefits exceed 80% of your average pre-disability income. To avoid a huge reduction from your benefits, you need a properly structured settlement. A worker's comp lawyer can help by drafting a settlement aimed to cut these deductions.
6- You Are Subjected To Harassment At Workplace
If you are injured during harassment at the workplace, and your employer refuses to report your case to management, you should hire a worker's compensation lawyer to punish the culprit. In such cases, many companies refuse to report cases to save their company's reputation, but if you are a victim of harassment, then do file a case and hire a professional worker's compensation lawyer to help you during legal trials and hearings.
7- You Are Injured At Workplace Due To Someone's Else Mistake
A a cluttered or poorly organized office can be a dangerous work environment. People bump into desks, doors, filing cabinets, office equipment, or even other people. They can also be injured when items fall off shelves, cabinets tip over if they are not balanced properly, or a door is suddenly opened.
Of course, if an accident like this occurs, it doesn't necessarily mean that the office was is messy and not organized. Many people spend as much time in their office as they do at home, and accidents are likely to happen. If you are injured due to someone else's mistakes, you should hire a worker's compensation lawyer to file your claim.
Other injuries occur without a specific accident or incident. Musculoskeletal problems like sciatica and other neck and back injuries can occur gradually and are often related to your position relative to your workstation, repetitive movements, or other situational causes.
8- Your Injuries Resulted from Work-Related Physical Assaults
You should hire a worker compensation lawyer if you are injured at the workplace to claim your benefits. The most common work injuries include falls as a result of:
ü Tripping (for example, over electrical cables or wires, loose carpet, objects in hallways, over open desk drawers)
ü Bending over or reaching from an unstable chair
ü Slipping on a wet floor
ü Bad lighting
ü Standing in a chair to reach an object on a shelf
Another cause of injury is lifting, even if you are lifting small loads like a stack of folders, a bundle of paper, or a computer monitor.
9- You Are Not Getting Paid Leaves For Emergency Situation
In case your employer refuses to give you leave in an emergency such as pregnancy, death, or any serious injury, then you can hire a worker's compensation lawyer to fight for your rights.
In California, every employee is entitled to get leave in emergencies, and in case your company refuses to give you leaves, you should hire a lawyer who helps you get leaves.
10- Your Employer Or Insurance Company Deny To Pay You Medical Benefits
In case you had an injury or disability, it is very difficult to manage expenses as medical treatments are expensive. If you are injured at the workplace, and your employer refuses to give you entitled medical benefits, you should hire a worker's compensation lawyer to help you get your rights. They talk to insurance companies as they have legal knowledge and know-how to get the best settlement for you.
The Final Verdict…
An employee may face an accident while performing his task, and the employee may ask for compensation from the company or firm. In such cases, a worker a compensation lawyer will help the worker get entitled benefits and medical facilities for recovery.
Created on Jul 12th 2021 03:59. Viewed 401 times.