Cypress Workers’ Compensation Lawyer

Workers’ compensation insurance exists to protect both employers and employees if there is an accident or injury in the workplace. All employers with at least one employee are required by state law to carry this insurance. When an injured worker files a claim, they should receive compensation for lost income, past and future medical bills, and disability benefits. Legal counsel is helpful when managing the claims process. It is essential if your employer begins to work against your claim or retaliate against you.

Legal Representation for Cypress Workers’ Compensation Claims

Sometimes, a settlement offer from your employer’s insurance provider does not cover the damages you are facing. When this happens, you need an experienced legal advocate to negotiate your claim. At Pratt Law Corporation, we have more than 60 years of experience working on personal injury and workers’ compensation claims. Our firm is dedicated to defending the rights of employees. We can help you:

• File your workers’ compensation claim.
• Determine the full extent of your damages, including potential complications from the injury.
• Negotiate with the insurance provider.
• Protect your employee rights if your employer will not cooperate.
• Determine if you also qualify to file a third-party claim.

Our goal is to maximize the benefits you receive from your workers’ comp claim. We fight diligently for your rights.

What Are Common Examples of Workers’ Compensation Injuries?

Injuries on the job may be the result of a sudden accident or may have developed over many years. The most common in Cypress include:

• Soft-Tissue Injuries: This includes muscle, tendon, and ligament sprains and strains. Although these can be minor, they can also cause constant pain and limit the range of motion. They can be caused by lifting something too heavy or by the repetitive motion of lighter-duty lifting.
• Repetitive Motion Injuries: These injuries can be in the hands, shoulders, knees, and back. They are suffered by employees who repeat the same motion many times a day during their work. This can lead to the development of nerve and muscle damage over time. These injuries are commonly found in those who type as a part of their jobs in the form of carpal tunnel syndrome. The injuries are also found among assembly-line employees.
• Traumatic Brain Injuries: These may be caused by a falling object, a collision with an object like a vehicle, or even slip and fall accidents. These injuries often have delayed symptoms. A brain injury can cause life-long complications if the injury is severe enough and left untreated.
• Spinal Injuries: These are caused when spine discs are damaged or muscles and ligaments in the spinal cord suffer damage. This can cause a lot of pain and lead to permanent disability. They could result from a sudden injury or from repetitive strain.
• Catastrophic Injuries: This includes injuries like lacerations, broken and fractured bones, burns, amputations, spine injuries, crushing injuries, and traumatic brain injuries. Catastrophic injuries are caused by a severe accident like an explosion, car accident, equipment malfunction, or machinery accident. These often create lasting pain for those who are injured.
• Occupational Illness: Employees can develop illnesses from exposure to hazardous materials, harmful substances, and chemicals. This can create medical issues like respiratory illness and cancer.

There are many other injuries that, when sustained because of your job duties, qualify you for a workers’ compensation claim.

Why Do I Need a Cypress Workers Compensation Lawyer?

It is not required that you have legal representation to file for workers’ compensation. However, it can make the claim process much easier on you. It can also lower the likelihood that your employer or their insurance provider will counter a legitimate workers’ compensation claim. You can feel confident that all your information is correct and that the necessary evidence was included with the claim.

When you are handling an injury or illness, you should be taking your time to recover and get the treatment you need. A workers’ compensation attorney can help you through your claim quickly and efficiently. If the insurance provider does not want to pay the damages you deserve, an attorney can effectively negotiate to maximize your benefits. If your employer retaliates against you for filing, or refuses to provide the filing they are required to, an attorney can hold them responsible for these illegal actions and protect your rights.

When Should I Hire a Workers’ Compensation Lawyer?

You should begin working with an attorney right away if one of these circumstances applies:

• Your employer does not have workers’ compensation insurance.
• Your employer denies that the injury or illness is because of your work.
• The symptoms of your injury or illness took time to develop.
• The insurance provider-approved physician either did not fully evaluate you or ignored your requests and concerns.
• The insurance provider-approved physician either did not fully evaluate you or ignored your requests and concerns.
• Your employer is trying to make you return to work too quickly.
• Your employer refuses to agree that your injury makes you unable to work.
• Your employer retaliates after you file a claim.
• Your employer claims that you are not eligible for workers’ comp benefits when you are covered.
• The insurance provider delays paying you your compensation benefits.
• You are accused of filing a fraudulent workers’ compensation claim.
• Your injury or illness was caused by the negligence or intentionally harmful actions of your employer.

In these and other complicated or distressing circumstances, the advice of an experienced attorney can be an essential asset.

What Is the Average Workers’ Compensation Settlement?

The average workers’ compensation claim is about $21,000, ranging from $2,000 to $40,000. However, some workers’ compensation claims are even higher than this, and others may be lower. It can be difficult to predict what your settlement will be without knowing the specifics. What your settlement will be depends on your situation. Factors that influence the outcome of a workers’ compensation claim include:

• The type of injury you suffered
• How severe the injury is
• If the injury has any expected future medical complications
• How much the injury affects your ability to complete your job duties
• How long you will be unable to work
• Your income prior to the injury
• If you need retraining to work in another field because of the injury

What Percentage Does a Workers’ Compensation Attorney Get?

In California, an attorney cannot be directly paid for a workers’ compensation claim. That means that you do not pay them out of pocket. Instead, they are paid a portion of your settlement. The judge will assign a fee of 10 to 15%, depending on the complexity of your claim. If you do not receive a settlement, your attorney does not get paid.

What Is the Largest Workers’ Compensation Settlement?

In the state of California, an extreme settlement for workers’ compensation can be several million dollars. Large settlements like this are the result of diligent workers’ compensation attorneys. Most often, they are for injuries like catastrophic traumatic brain injuries. The settlement is so high because the injury is severe, has caused the person serious pain, and will continue to impact them for the rest of their lives.

Temporary vs. Permanent Workers’ Disability Benefits

Depending on how long your injury will affect you, your settlement may include temporary or permanent disability benefits.

Temporary disability benefits are fairly common in workers’ compensation claims. These benefits are ⅔ of your weekly wage. They are made in a set number of payments for up to five years. The length of time you receive benefits depends on how much your disability affects your life and your ability to complete your job duties. If you return to work in a different position, industry, or with a partial workload, you could receive partial disability benefits.

Permanent disability benefits are awarded to those who have sustained severe and traumatic injuries. These might prevent them from ever working again. Benefits are also ⅔ of an employee’s average weekly wage prior to injury. They may last long-term or for the rest of their lives.

The Process of Filing a Claim for Workers Compensation

If you are injured while on the job, you should first seek medical attention if necessary. Then, inform your supervisor that the accident has occurred. You should also:

• Ask for the necessary workers’ compensation claim forms from your employer.
• Take note of who witnessed the accident.
• Request your employer’s list of their insurance provider’s approved physicians. If you are in need of emergency care, you should go to whatever doctor is available. However, once you are in a stable state, you then need to see an approved doctor.
• Contact a workers’ compensation attorney.

If your injury is one that has developed over time, it is advisable to talk with an attorney. They can help you determine the ideal legal course of action.

Your employer is obligated to, in good faith, provide you with the forms to file for workers’ compensation. These are the forms you will submit to the insurance provider, along with the disability rating from the insurance-approved physician. The disability rating refers to:

• The severity of your injury
• How much it will impact your ability to do your job
• How long it is likely to affect you

The insurance company will use this information to determine your level of compensation. Not all insurance providers will give you full compensation for your damages, however. Many want to pay you as little as possible and will find reasons to lower your benefits.

What Workplace Injuries Are Not Covered by Workers’ Compensation?

In many circumstances, if you suffer a sudden or developing injury at your workplace while completing your job duties, it is covered by workers’ comp insurance. Workers’ compensation, however, will not cover injuries sustained:

• From a natural disaster or other unpredictable event
• While you were committing a crime
• From conduct that violates company policy
• Because you were under the influence of drugs or alcohol while at work
• When you were not on the job
• From a condition that existed prior to being hired or performing a certain job
• From a common illness
• From intentional harm to yourself or others
• That can be taken care of with first aid

If you are unsure if your workplace injury qualifies for a workers’ compensation claim, discuss your situation with an attorney. They can help you determine your legal options going forward.

Can I Sue My Employer for a Workplace Injury?

In most cases, you cannot sue your employer. Instead, you must go through the workers’ compensation insurance process. You can sue your employer if one of the following situations applies to your claim:

• Your employer does not have workers’ compensation insurance.
• Your employer illegally hid information that was important to your workers’ compensation claim.
• Your employer intentionally caused your injury in some way.

In these circumstances, you probably have grounds to sue your employer for personal injury. Talk your situation through with your attorney to know for certain.

You can also sue your employer if they somehow retaliate against you for filing the claim or receiving workers’ compensation benefits. Retaliation includes:

• Demotion
• Wrongful termination
• Assigning you to unfavorable job duties
• Forcing you to quit
• Reducing your pay or benefits
• Denying you a promotion

If this happens, you can hold them accountable for this illegal action and file a workplace retaliation claim against them.

You may also be able to file a third-party personal injury claim in addition to your workers’ compensation claim. The third party may be responsible for the accident directly. They may also have designed or manufactured an unsafe machine or vehicle that led to your injury. A personal injury claim can cover damages that a workers’ comp claim will not. For example, pain and suffering damages are almost never included in workers’ compensation claims. However, they may be available in your personal injury claim.

When you are dealing with a workplace injury, it can be easier when you have exceptional legal assistance by your side. At Pratt Law Corporation, our highly experienced attorneys work with you to ensure you know your rights and what you can do to protect them. You may be starting the process of filing a workers’ compensation claim and trying to determine the benefits you are entitled to. You may have received benefits and are now facing workplace retaliation. No matter where in the process you are, our experienced workers’ compensation attorneys can provide comprehensive and strong legal representation and advice. Contact Pratt Law Corporation today.