Hermosa Beach Workers’ Compensation Attorney

No matter what industry you work in, there are risks and hazards to your job. Even the safest working environment experiences accidents from time to time. Fortunately, as an employee in the state of California, you have access to workers’ compensation benefits if you get hurt on the job.

Workers’ compensation is meant to help employees, but it can be complicated to navigate. Between your employer, the insurance company, and other mitigating factors, many people feel overwhelmed by the process of filing a claim. Without proper help and guidance, it is easy to make mistakes in the workers’ compensation process.

Hiring an employment attorney can help you better pursue your claim. You can gain legal protection as well as a reliable resource while you navigate workers’ compensation. Our team at Pratt Law Corporation is here to help.

Pratt Law Corporation: Your Hermosa Beach Workers’ Compensation Lawyers

For many years, our team has been building a law firm that provides honest, personalized legal help for the workers of Hermosa Beach. We understand the frustration and anxiety that occurs during workers’ compensation claims. Our firm is here to make the process easier for you. Whether your case is standard or has unique factors, we are confident that we can provide representation that can help you get the settlement that you deserve.

We take the time to listen to your story and focus on the factors that distinguish your situation. This allows us to build a strong, compelling argument in your favor—one that is tailored to your needs. We have seen countless workers’ compensation cases, and they have all been different. This is why we believe in personalized legal support.

No other area law firm offers the same level of compassion and care in workers’ compensation claims. Our team at Pratt Law Corporation is your finest choice.

What Is Workers’ Compensation?

Workers’ compensation is a type of insurance that employers purchase through a company of their choice. The employer pays a monthly premium and is protected if there is an accident in the workplace. Workers’ compensation should pay for medical bills and time off for the injured employee. This protects the employer from the unexpected costs of an accident. This also protects the employee from having to pay for their own medical bills if an accident happens at work.

Because workers’ compensation is comprehensive in this way, employees are generally not allowed to press charges against their employer after an accident. This is an additional protection that workers’ compensation offers for employers. All businesses that have one or more employees are required to have workers’ compensation insurance to protect all California workers.

Workers’ Compensation Accidents

Contrary to popular belief, workers’ compensation insurance covers accidents that occur anywhere in the workplace. You do not need to be directly performing your job tasks when you get hurt to get workers’ compensation. If you are acting within the scope of normal job duties and activities at the time of the accident, you can collect workers’ compensation.

For example, you are walking to the water fountain. If you slip on some wet flooring and get a concussion, you should get workers’ compensation insurance. Although getting a drink of water is not necessarily your job, it is within the realm of normal workday activities.

There are a few scenarios in which workers’ compensation does not cover injuries. They are:

• You were under the influence of drugs or alcohol when the accident occurred.
• You were fighting or roughhousing when you got injured.
• You caused the accident on purpose.

In most situations, however, workers’ compensation should cover your claim.

Workers’ Compensation and Insurance Companies

Most workers’ compensation disputes arise between the injured employee and the insurance company. This is because insurance companies work hard to avoid having to pay for accidents and injuries. Adjusters will call victims repeatedly and ask leading or loaded questions to trick them into waiving their rights. Many companies will make it seem as if you must give a statement within a certain timeframe, which is untrue. They will parse any statement you give and try to make you seem responsible for the damage so that they do not have to pay. In some situations, they will have you followed by an investigator. They will monitor your activities and make sure that they are in line with your injuries.

It is essential to be careful when dealing with workers’ compensation insurance companies. Your employer will likely not prevent you from making a claim. However, the insurance company itself will go to great lengths to try to blame the situation on you.

Another way that workers’ compensation insurance evades payment is through drug testing. Many drug tests can detect drugs in the body for more than 24 hours. This means that a drug test at the time of the accident does not necessarily indicate that you were under the influence at the time of the incident. This is problematic for cannabis users, as the substance is recreationally legal for adults in California.

Why Do I Need an Employment Lawyer?

Working with a workers’ compensation attorney can help protect you from the predatory actions of the insurance company. We work diligently to make sure that these companies do not take advantage of you or deprive you of your rights. When you have legal representation, you can send insurance adjusters to us for an official statement. This eliminates the possibility that you will inadvertently admit fault or otherwise compromise your claim.

It is important to note that your claim will progress while you are healing from your injury. If you attempt to navigate the complicated landscape of workers’ compensation alone, you will only add stress and anxiety to your situation. This can impede healing and even cause permanent damage. It is ideal to allow yourself space and time to heal so that you do not cause ongoing issues for your health.

Having legal representation gives you a reliable resource throughout the workers’ compensation process. We can also alert you to any additional programs for which you may be eligible, such as disability or unemployment. Having a legal advocate is priceless in these difficult cases.

What Does Workers’ Compensation Cover?

Workers’ compensation insurance should cover several aspects of your injury recovery process. The kind of support you get will depend on your unique situation. Workers’ compensation will potentially cover:

• Medical bills
• Temporary and/or permanent disability benefits
• Return to work supplements
• Job relocation or retraining
• Death benefits, in the case of wrongful death

You may need job reassignment or retraining if your injury precludes you from doing your job with reasonable accommodations. For example, if you get workers’ compensation for carpal tunnel syndrome, you may not be able to return to your job at a computer. Workers’ compensation can pay to have you retrained in another position.

Many people believe that pain and suffering are part of workers’ compensation. However, in many situations, employees do not receive this. Pain and suffering, even in personal injury claims, are reserved for situations that are particularly gruesome or terrible. It is rare to get pain and suffering compensation.

Common Workers’ Compensation Accidents

You can suffer a wide range of different workers’ compensation injuries, depending on the industry you are in. However, there are a few types of accidents or situations that are common across many industries and businesses. It is important to watch out for injuries and diseases after these accidents.

Common accidents include:

• Falls, trips, or slips can occur because of wet floors, obstacles, etc.
• Equipment or machinery malfunctions. If you work around large machinery, it is essential to know that they cause a significant amount of workplace accidents
• Repetitive motion injuries, including carpal tunnel syndrome
• Fires and explosions
• Exposure to hazardous materials and chemicals

These situations can all lead to a variety of injuries. If you have been in a workplace accident, you should see a medical professional right away. A doctor can test you or assess you for common injuries associated with the accident that you were in. This can also help build evidence for your workers’ compensation claim.

What to Do After a Workplace Accident

If you are involved in a workplace accident, there are specific steps you should follow. These steps can help defend you against the tactics of the insurance company and build your claim. Following them can help get you the compensation that you deserve.

If you are injured at work, do the following:

• Assess yourself for injuries. If you cannot move, cannot feel areas of your body, or are losing consciousness, remain where you are until medical help arrives.
• If you can, take photos of any visible injuries to yourself and others.
• Take photos and videos of the surrounding areas.
• Note which of your coworkers are nearby and may have seen the event.
• Note any CCTV cameras that may have recorded the accident.
• See a doctor as soon as possible.
• Keep copies of all medical records and doctor’s notes.
• Call your attorney as soon as possible.

If you follow these steps, you can help preserve your case and build an argument in your favor. If you wait or ignore these steps, certain key evidence may be lost, putting your claim in jeopardy.

Personal Injury Claims and Workers’ Compensation

As mentioned, you cannot bring a personal injury claim against your employer if they have workers’ compensation insurance. However, you could get further compensation by filing a personal injury claim against a third-party individual who caused your accident or injury.

Personal injury claims rely on negligence to be legitimate. This means that the perpetrator must have been breaking the law or otherwise neglecting their responsibilities to be liable for the damage that occurred.

For example, your coworker is under the influence of alcohol and fails to follow safety protocol. If you get hurt, you can press charges against your coworker for harming you. They are a third party who was involved, but they are not your employer. They neglected their responsibility as an employee by coming to work under the influence.

Workers’ Compensation and Wrongful Death

Unfortunately, victims do not always survive their workplace injuries. These situations are devastating to the families. It leaves them without their loved ones and without a source of income.

Workers’ compensation should cover key death expenses if an employee passes away from an injury at work. However, just as with personal injury claims, the family can press charges against a third party if their negligence caused their loved one’s death. Family members file these claims to get compensation in addition to the workers’ compensation settlement.

If this is the case for you and your family, our team of wrongful death attorneys is here to help. We can approach this issue ruthlessly in court to get your family the support that you deserve. However, we can do this while still remaining sensitive to the vulnerable and painful situation that you are in.

How Much Does an Employment Lawyer Cost?

For workers’ compensation claims, the judge will likely set a percentage of the settlement that is appropriate for the attorney to take. This is usually 10%, 12%, or 15%, depending on the complexity of your case.

When you hire an employment lawyer for a workers’ compensation case, it is important to know how much their services cost. Some individuals neglect to discuss finances with potential attorneys and are surprised by the cost when the time comes to pay. It is critical to ensure that you can afford your attorney’s services throughout the entirety of your claim. Therefore, speak openly and honestly with any potential attorneys about your budget. Be sure to ask thorough questions about their fees.

For many years, our team has helped Hermosa Beach employees get the compensation and support that they deserve after a workplace accident. With our help, you can make sure that a single injury does not alter your entire life, income, or future. Employees deserve fair treatment after they have been hurt, and we are here to protect your rights.

For more information about our firm, our practices, or how we can help you, please contact Pratt Law Corporation via our website.