Orange County Workers’ Compensation Lawyer

For many people, work is a necessary evil. Though many of us genuinely enjoy our jobs, their ultimate purpose is to provide us with the funds necessary to support our families, engage in our hobbies, and treat ourselves every once in a while. No matter what your job or income may be, it is a universal truth that the workplace should not be a setting for a personal injury to occur. Unfortunately, however, accidents happen all the time. This puts many employees in a difficult position.

Ultimately, every employer or company must ensure that their workers are safe and secure while at work. This may look different depending on the industry, but according to the law, every employer must be responsible for the health and safety of their employees while they are at work. If your employer has failed to do this, you are likely entitled to compensation for your injuries. Our workers’ compensation lawyers can help you get what you deserve.

Pratt Law Corporation: Your Orange County Workers’ Compensation Lawyer

When you are injured at work, it is essential to have the right attorney by your side to help you with your compensation claim. Unfortunately, the system for receiving workers’ compensation is often difficult, and many people have difficulty navigating it alone.

Here at Pratt Law Corporation, you will find a compensation attorney who can help you receive the compensation you deserve. We offer personalized, honest service to all our clients and have been doing so for many years. While other firms may aim to hide key factors from you, we operate on a completely open and upfront business model. With us, you’ll never be left in the dark.

Our passion for this industry drives us to help workers who have been wrongly injured. Our ultimate aim is to win proper compensation and restitution for our clients, to ensure that your financial situation does not suffer at the hands of your employer.

What Is Workers’ Compensation?

Workers’ compensation encompasses a relatively wide area of the legal system. These cases cover any injury type that occurs in an employee’s workplace. The purpose of workers’ compensation is to make sure that an employee is not financially responsible for an accident that was not their fault or that occurred because of an employer’s negligence. Unfortunately, companies and employers often try to evade these charges by blaming the incident on the victim.

Employers of all kinds are legally and ethically obligated to meet specific safety standards in the workplace. When they fail to do so, they are liable for resulting medical bills and lost wages.

Some examples of safety standards that employers must meet include:

• Providing adequate safety equipment to their employees for their job type
• Properly and regularly training employees on safety protocol and procedures
• Ensuring that all machinery is up to code and safe to use
• Ensuring that the facilities are up to code, that the floors are dry, and that the area is safe for employees to work in
• Screening employees for drug/alcohol use or misbehavior while on the job
• Preventing employees from using machinery or vehicles without a proper license
• Allowing proper breaks, meal times, and time off to avoid fatigue

There are likely more specific standards that pertain to your industry as well. You should have access to these standards, as well as OSHA regulations.

You can see that the above tasks are necessary to keep the workplace safe. Without them, it’s incredibly easy for accidents to occur. If an accident occurs because your workplace violates one of these standards, you are eligible for compensation.

Why Do I Need an Orange County Workers Compensation Attorney?

Many people believe that they can navigate the workers’ compensation system alone to save money. However, this is a gross misunderstanding. Most people who try to navigate their claim alone end up with a smaller settlement, if they get one at all. These claims can be complicated, so it’s crucial to have proper legal representation.

Though your case may seem straightforward, your company’s attorneys will likely try to make it seem like a complicated situation for which they are not at fault. If they succeed in doing this, you will be responsible for your medical bills on your own. This means that your company’s actions will have cost you your health and your finances.

Most important, however, it is essential to remember that you will be healing during the time that your workers’ compensation case will be developing. Most workers who go through these claims need time, space, and stability to heal. Building a court case is not conducive to healing, as it involves a large time commitment, significant research, and often causes stress. Hiring an attorney to represent you is key to your healing process and gives you the necessary space to relax and recover.

How to Establish Fault for Workers’ Comp Injury Claims

As mentioned, your employer may try to place blame on you during a workers’ compensation case. Your Orange County workers’ compensation attorney’s job is to build a stronger case against your employer. In doing so, we establish fault. Fault is vital because it may have a bearing on how much of a settlement you are entitled to.

For example, if you were injured because you were misusing company equipment, workers’ compensation won’t cover your injuries because the accident was your own doing. However, if you were injured because your workplace was short-staffed and a supervisor asked someone to operate machinery without a license, then you are entitled to compensation. This is because your workplace failed to administer the legally required training and enforce licensing guidelines.

Establishing fault is the essence of any workers’ compensation claim. There are several ways we, as your attorneys, will establish fault. We will:

• Assemble any video surveillance footage available from the accident
• Take testimony from eyewitnesses
• Interview the manager or boss on duty the day of the accident
• Assemble your medical records and information from your doctors

There may be other ways that we build your case, depending on the circumstances. However, in all scenarios, our job is to assemble a picture of your account of the situation. This helps show that workers’ compensation is necessary and may help convince a judge or jury if the case gets to that point. Many times, our clients get what is owed to them without going through the court system. However, litigation is always an option if a workplace refuses to pay.

Litigation vs. Settlement in Workers’ Compensation Claims

As mentioned, it is possible for workers’ compensation claims to end in litigation. In these situations, workplaces believe that they should not have to pay a workers’ compensation settlement while a victim believes that the workplace is, in fact, responsible. If the two sides do not agree, the case will be brought before a judge or jury to determine the guilty party.

In many workers’ compensation cases, the two sides do not go to court. Instead, one side has sufficient evidence against the other, and the attorneys representing each side agree on what should happen. This is called a settlement. In these situations, victims see their settlements more quickly and can better pay their medical bills in a timely manner.

It is important to understand that both litigation and settlement have a place in workers’ compensation cases. You can trust that our attorneys at Pratt Law Corporation will always advise you on what would be best for your case.

Potential Injuries and Other Damages in a Workers’ Compensation Claim

There is a wide range of injuries and illnesses that can end in a workers’ compensation claim. Ultimately, any injury that occurs as the result of employer negligence is eligible. Though these cases are varied, there are some that we see frequently. They include:

• Broken bones
• Lacerations, bruises, and burns
• Limbs trapped or crushed in machinery
• Repetitive motion injuries
• Eye injuries
• Back injuries/injuries from lifting heavy objects
• Chemical exposure illnesses

It is important to note that your individual injuries may be different than the ones listed above. If you get hurt while you are performing your job tasks as they should be performed, your employer should be financially responsible for your medical bills.

What Is Covered by a Workers’ Compensation Claim in Orange County?

What you receive in your workers’ compensation claim will depend upon your injuries and the circumstances surrounding them. Sometimes, injuries are straightforward and heal quickly. However, in other situations, the injuries are ongoing and cause complications far into the future.

Generally speaking, a workers’ compensation settlement should cover:

• Medical bills, both bills already incurred because of the injury, and any future medical bills associated with the injury
• Income lost during time off of work

Because the accident was your employer’s fault, the law helps ensure that your employer is financially responsible for all the consequences.

Workers’ compensation should not only cover the medical aspects of the accident, but it should also make sure that you don’t miss out on income because of what happened to you. For example, let’s say you broke your leg falling from a faulty company ladder. Because of the fall, you can’t perform your primary job duties for three months. Therefore, workers’ compensation should pay you three months’ salary as well as your medical bills. After all, the incident occurred because your workplace failed to maintain the equipment.

Workers’ Compensation and Insurance

Many people believe that insurance exists to help them. Though this is indeed what insurance companies want you to think, the reality is often much less positive. Insurance companies are often predatory and usually care more about their profits than their customers. In some workers’ compensation cases, this means that they will go to extreme measures to keep from paying. For example, your insurance company, or your employer’s insurance company, may do the following:

• Badger you for an official statement, hoping that the statement will include something that they can use as a waiver of your rights
• Call frequently to ask about injuries and progress to build their case against you
• Make you feel as though you must make a statement right away
• Imply that they will make you a deal if you don’t call your attorney
• Follow you and investigate your behavior to find discrepancies between the injuries you claimed and the activities you are doing

Many of these are invasive and intimidating and the last thing that a recovering victim needs to deal with. Fortunately, when you have an Orange County workers’ compensation attorney working for you, you can direct insurance companies to contact us instead. As a result, we can ensure that your case remains intact.

Can You Sue Workers’ Comp for Emotional Distress?

While some states allow victims to claim pain and suffering as a part of their workers’ compensation settlements, California does not. Emotional injuries are genuine. However, the court system often views them as difficult to prove. Though you cannot get pain and suffering compensation through workers’ compensation, you may be able to sue for emotional injuries outside of the official workers’ compensation system.

When you work with Pratt Law Corporation, you can always be sure that you receive the full scope of necessary information for your case. If we believe that you have grounds to sue for emotional distress, we will help you take steps. If we do not believe that your argument would hold up in court, we will tell you that as well. We maintain ongoing honesty and transparency with all our clients.

How Can I Speed Up My Workers’ Comp Settlement?

It may take you several weeks to reach a settlement with your employer and several weeks more after that to receive the money that you are owed. In some cases, this is simply the fastest the court and legal system can go. In most cases, however, there are ways to make sure that the process is going as quickly as it can.

If you are looking to speed up your workers’ compensation claim, adhere to the following:

• Seek medical attention right away. The faster you get care, the less room your employer will have to argue the claim. This can be the difference between a settlement and lengthy litigation.
• Hire an attorney quickly. The faster your attorney begins to build your case, the faster you will see results. It is vital to hire an attorney right away so that you have legal representation throughout the case. They may also be able to move the process along.
• Keep your receipts and copies of your records. Be sure to keep a record of all medical treatment that you receive and any other associated fees or expenses that are a direct result of your injury. These sums may be worked into your settlement. The faster you can prove how much money you are owed, the faster money can get to you.
• Explore disability benefits. Some people postpone medical treatment due to finances when that very medical treatment is necessary to receive finances from the settlement. Remember that workers’ compensation is just one of a few systems available to you. You may be able to access disability benefits in the meantime, which can help you stay afloat financially until your workers’ compensation settlement arrives.

Ultimately, there is only so much you can do to affect the workers’ compensation process. Unfortunately, the court system is not always fast, and there is little we can do to change that. However, with the help of an experienced attorney from Pratt Law Corporation, you can be sure that you are doing everything you can to receive a maximum settlement as soon as possible.

How Much Do Workers’ Compensation Lawyers Charge in California?

Attorneys and firms in Orange County, CA charge different amounts for different services. Some of this depends upon the lawyer or firm’s experience; other times, it is based on name recognition; and yet other times, it depends upon the type of case. On top of this, all workers’ compensation cases are different. Some can be solved quickly, while others require long litigation processes. Some attorneys charge an hourly rate no matter what, while others only charge if you win the case.

It is important to discuss finances with your attorney before you begin to work with them, even if you feel nervous or embarrassed to do so. Attorneys are accustomed to conversations about finances and are often happy to discuss fees and payment plans up front. This helps ensure that you can afford their services through the duration of the case and that you receive uninterrupted legal advice. If you can’t afford their services, they may even be able to tell you where to find legal services in your price range.

Here at Pratt Law Corporation, we are passionate about ensuring that injured workers receive the compensation they need to heal. We have no patience for predatory insurance companies or workplaces that evade responsibility for their actions. We work diligently inside and outside the courtroom to ensure that you have proper representation, you fully understand the situation and your rights, and you feel empowered to take care of your health and finances from now on.

If you have any questions, or if you’d like to schedule a consultation with our Orange County workers’ compensation attorneys, contact us via our website today.