Bellflower Workers Comp Lawyer
California consistently ranks as one of the best places in the nation for workers’ rights, with strong protections for employees, a livable minimum wage, and a median household income higher than most of the US. According to state labor laws, everyone has the right to a safe, healthy working environment and the right to report unsafe working conditions to agencies such as the Occupational Safety and Health Administration (OSHA) without experiencing retaliation. Despite the substantial progress that has been made over the past several decades, workplace injuries still occur with alarming frequency. Some businesses strictly adhere to these policies, while others commit a wide range of violations, such as neglecting to provide proper training and protective gear or pressuring workers to bypass safety standards to meet quotas or deadlines.
If you sustained a serious work injury while on the job, you may require extensive medical care, and the lost income can make it nearly impossible to continue supporting your family while you heal. By submitting a valid workers’ compensation claim, you can seek covered treatment immediately and obtain damages for the losses you incurred due to their workplace injury. Unfortunately, this system can be confusing to navigate, and insurance companies rarely offer fair settlements without a fight. Consult the information below to learn how you can recover the compensation you deserve with assistance from the Bellflower workers’ comp lawyers at Pratt Williams.
Am I Eligible for a Workers Compensation Claim?
Every California company with at least one employee must carry workers’ compensation insurance that provides benefits to workers after they suffer a workplace injury, illness, or medical condition. This system protects injured workers by ensuring they have access to the medical care they need without holding them responsible for these expenses, but it also protects employers by allowing them to avoid expensive personal injury claims every time an accident occurs. In most cases, obtaining workers’ compensation benefits means surrendering the right to pursue personal injury litigation, except when an injury results from employer negligence, intentional harm, or involvement by a third party, such as defective products or equipment.
Workers’ compensation covers most injuries, illnesses, and medical conditions that occur at work, but you must meet these requirements to be eligible for workers’ compensation:
- Your employer must have workers’ compensation insurance.
- You must be an employee.
Employees include full-time, part-time, and seasonal workers, regardless of citizenship. Independent contractors, consultants, freelancers, most volunteers, and other types of workers are not viewed as employees for the purposes of workers’ compensation. - Your injury must be work-related.
An injury that arises out of employment and occurs during the course of employment is considered a work-related injury. Injuries that result from isolated accidents, cumulative stress or repetitive motion injuries that develop over a longer period of time, and occupational illnesses or diseases caused by workplace exposure are all covered by workers’ compensation. Aggravating a pre-existing condition may also be covered. Workers must be on the clock and actively performing work-related duties, so injuries that occur off-site, over a break, or at a company event are generally not covered. Other exceptions include workers who sustain injuries while intoxicated, committing a crime, breaking a company rule, or causing intentional harm. - You must report your injury immediately and file your claim within one year.
You are required to notify your employer as soon as you sustain an injury or, if you do not notice the injury at first, as soon as you discover it and suspect it was work-related. Your employer must provide you with a workers’ compensation claim form. After you complete the employee section, you return it to them so they can fill out their portion and submit it to their insurance company. Failure to notify your employer within 30 days of your injury or failure to file your claim within one year typically means you lose the right to recover compensation.
What Workers Compensation Benefits Can I Receive?
If your employer’s insurance company approves your workers’ compensation claim, you can receive the following benefits:
- Medical expenses, including medical evaluations, diagnostic testing, emergency room care, hospital bills, surgical procedures, prescription medications, assistive devices, mileage reimbursement for traveling to healthcare appointments, and any ongoing treatment such as physical or occupational therapy
- Temporary disability benefits that replace two-thirds of your average weekly earnings for up to two years, if you miss three or more days of work or need to be hospitalized
- Permanent disability benefits based on the extent of your disability, if you reach “maximum medical improvement” and still cannot return to work due to permanent or long-term disability
- Supplemental job displacement benefits up to $10,000 for vocational training or rehabilitation you need to reenter the workforce, if your employer refuses to offer you a position with modified or limited duties
- Death benefits, if you are the spouse or dependent child of a worker who died as a result of suffering serious bodily harm from a workplace injury
What Do Workers’ Compensation Attorneys Do?
A Bellflower injury attorney can fight for you during every stage of the claims process to ensure you receive the maximum compensation. From evidence collection to filing paperwork and drafting appeals, if necessary, the Pratt Williams team will guide you through every step. We understand the challenges that a workplace injury can cause and how it can disrupt your life. Our main goal is getting your life back to normal through fair compensation.
Do I Need a Workers Compensation Lawyer?
If your injury is relatively minor, you only missed a few days, your employer admits it happened at work, and their insurance company is willing to pay adequate compensation, you can likely handle the workers’ comp claims process on your own. However, claims rarely work out this smoothly and injured workers can face a variety of obstacles to obtaining fair compensation at any point during the process. Even straightforward cases of workplace injury are often denied because the insurance company feels confident that the worker will fail to follow through with an appeal. If they do not offer a settlement that covers your medical expenses and at least two-thirds of your lost income, contest your injury, or refuse to approve your claim altogether, a Bellflower workers’ comp lawyer can help you recover the benefits you deserve.
How Much Do Workers Comp Lawyers Charge in Bellflower, CA?
Workers’ compensation attorneys charge on a contingency basis, meaning clients only owe fees for their services if they are able to deliver compensation. The attorney receives a percentage of the compensation amount based on the complexity of the case, the time and resources required to resolve it, and the results they obtained. Generally, this fee ranges from 9% to 12%, but can be lower for simpler cases or up to 15% for cases that need more attention, such as those involving complex legal issues, multiple employers, or detailed investigations to prove the injury to insurance companies reluctant to pay out. Your Bellflower injury attorney cannot give you a precise estimate of their fees until the case is resolved via settlement or litigation, but they must receive approval from the judge for their contingency fee before billing you.
Some cases also involve additional expenses, but you are not responsible for paying these yourself. If the insurance company disputes your claim, pursuing your case may also involve out-of-pocket legal or medical costs, including fees for medical evaluations and tests, health records, expert witness testimony from your doctor, and interpreter’s services if necessary. When you incur any additional costs related to proving the validity of your injury, your attorney will likely pay these fees up front and then seek reimbursement from the insurance company. Although it is impossible to estimate the exact cost of legal representation for a workers’ comp case, a reputable attorney will let you know at the beginning how much to expect.
Let Us Handle Your Workers’ Comp Claim While You Heal
Your ability to recover workers’ compensation benefits depends on your employer’s willingness to admit the injury occurred at work and their insurance company’s willingness to offer a sufficient settlement. Securing legal representation at the first sign of trouble ensures you can protect your rights, follow all the requirements for filing a claim, and efficiently respond to any difficulties you may encounter during the process. Pratt Williams can help you every step of the way. Our Bellflower workers’ comp lawyers are experienced, compassionate, and dedicated to delivering the compensation our clients need to move forward after an injury.
If your employer fails to take your injury seriously, we can investigate every aspect of the incident to show the extent of your injury, prove it occurred at work, and calculate your losses. If the insurance company refuses to offer fair compensation, we can negotiate a higher amount or fight back with an appeal. If your injury was caused by employer negligence, intentional harm, or a third party, we can pursue personal injury litigation in place of, or along with, workers’ compensation. Contact us today so we can begin building your case while you focus on recovering from your injury.