When you're seriously injured at the workplace, you're protected by a particular branch of personal injury legislation calledWorkers' Compensation. Law Firm takes on car accident cases in all of Orange County California, including Orange, Brea, Santa Ana, Fullerton, La habra, Garden Grove, Yorba Linda, Irvine, Buena Park and surrounding. Our experienced Orange County workers compensation attorneys have helped many men and women deal with the loss of a finger, hand, arm, leg or other limb or extremity. We understand that the physical, emotional and psychological effects of such an injury can be devastating. In this next step, your case will get assigned a case number, in accordance with the statute of limitations, which is the deadline for filing a claim after you’ve been injured on the job.
The insurance company will then determine your eligibility for workers’ comp benefits. Worker compensation attorneys can help ensure that you get fair compensation for your injuries. Not all insurance companies will offer you the amount you deserve right away, so you need someone who knows how to negotiate with them. Workers’ compensation law states that you are entitled to compensation for medical treatment costs, permanent and temporary disability, life pension, death benefits, and vocational retraining costs if necessary. If your benefits do not cover all your injury costs, you may also be able to file a separate personal injury claim against your employer.
If you aren’t sure whether to file a workers’ compensation or personal injury claim, our experienced attorneys can help with expert legal representation. In general, an employee has one or two years from the date of their injury to file a claim for workers’ compensation benefits. If an employee does not file a claim within this time frame, they may lose their right to receive benefits. For example, if an employer fails to report the injury to the workers’ compensation insurance company, the employee may have more time to file a claim. If your symptoms became worse over time, it’s best to see your doctor and consult with a workers’ compensation or disability attorney. Unfortunately, some employers ignore these laws and the rights of their employees.
The Department of Industrial Relations recognizes the importance of communicating effectively with individuals, including those with limited English proficiency. DIR is making an effort to provide meaningful services for individuals that speak languages other than English. Your employer designates the workweek to begin on a Monday and end on a Sunday. If you start working on a Wednesday and proceed to work seven consecutive days, you will not have worked an entire workweek. You will not have the right to seek overtime in the workweek since you did not follow the timeline for a workweek designated by your employer.
It is important to have a legal representative protecting your interests, especially when serious injuries are concerned. Our office will ensure your treatment and other benefits are properly compensating you for all of your losses. Don’t risk your future without the benefit of someone working for you throughout your ordeal.
The latter option is typically reserved for large companies with the resources to fund their own worker’s comp account. Upon sustaining a work injury, you must notify your supervisor and be provided with a DWC-1 claim form from the Division of Workers’ Compensation. You must fill out the DWC-1 claim form and be sent to an industrial clinic by your employer. The medical legal physician may indicate your injury is work-related and has left you unable to perform your duties. At this juncture, the workers’ compensation insurance carrier should commence temporary disability benefits.
You may return to work even if your injury has not fully recovered; however, it does depend on whether or not your employer can provide you with a job that is suitable to your condition. We’re here to address any questions, doubts, or concerns you may have about your legal situation. Even if you’re not sure you have a case, we’re happy to speak with you in a free, no-obligation consultation that is private and confidential. We can help you determine if you have a claim and advise you on how to proceed.
Employers’ are also responsible to compensate injured workers for compensable wage loss or temporary disability, permanent impairment and future medical care. Request My Free ConsultationWhen you are completing the above form, you are certifying that you were injured at work, or a family member of an injured worker. You also further certify that you are not the employee of a workers compensation insurance company, employer, contractor, or a lawyer or employee of a law firm representing insurance companies or employers in workers’ compensation cases.
He was a sole practitioner until 2010, where he represented numerous clients on all issues related to lien litigation. He has litigated complex lien issues at nearly every WCAB venue throughout the State of California. David also represents employers, and insurance agencies statewide in all areas of Workers' Compensation defense. Many homeowners employ the services of domestic workers as nannies, housekeepers, or gardeners, and can be held liable of those workers are injured while performing their job duties. Domestic workers can suffer slip-and-fall accidents, burns, or other injuries while performing everyday duties, just as any other worker might. Michael has shown exceptional litigation skills and has proven to have a high-level understanding of law in complex workers' compensation cases.
This not only puts additional pressure on them but effectively attacks their spirit, thus slowing down their recovery. From the date you report your hand injury at the workplace, you will have three years to claim. From our perspective, taking a claim sooner rather than later is always better. Our group is familiar with how the IMR process works and is very successful in preserving time and money while getting the job done.