Los Alamitos Workers’ Compensation Lawyer

The Los Alamitos workers’ compensation system exists to give benefits to employees if they are injured or develop an illness from their employment. If an employer has even one employee, they are required by state law to carry workers’ compensation. It both protects most employers from litigation and most employees from severe financial losses that may accompany workplace injuries. Benefits from a workers’ compensation claim include medical costs, lost income, and disability benefits.

Legal Counsel for Los Alamitos Workers’ Compensation Claims

Talking with a legal professional can make the claims process much easier. At Pratt Law Corporation, our attorneys have successfully represented workers’ rights for over 60 years. This knowledge allows us to understand the complexities of many types of workers’ compensation claims. Our team can analyze your situation to provide you with exceptional legal counsel. We ensure that you understand the legal options and potential outcomes available to you. We help you file your claim and advocate for you in negotiations to maximize your compensation benefits. If you are not getting the compensation you deserve, you need legal assistance.

What Are the Most Common Workers’ Compensation Claim Injuries?

Although most people think of workplace injuries as resulting from sudden and serious accidents, this is not the only type of workers’ compensation claim. An injury or illness may have developed because of your job duties over many years. Alternatively, your work may have made an existing condition much worse. The most common injuries include:

• Strains, Sprains, and Other Soft-Tissue Injuries: While these injuries can be minor, they can also severely damage muscles, tendons, and ligaments. This can lead to constant pain and a limited range of motion. These injuries are most often caused by lifting heavy objects or repetitive movements.
• Repetitive Motion Injuries: Employees who perform the same action every day for many hours of their work may suffer these injuries. They may affect assembly line employees’ hands, shoulders, backs, and knees. They are also found in typists and office workers in the form of carpal tunnel syndrome, affecting the fingers, wrists, and hands. Repetitive motion injuries are the development of damage in the muscles and nerves. These injuries can worsen and limit movement if untreated.
• Spinal Cord and Spine Injuries: These injuries can cause a lot of pain and can even create permanent disability if untreated. Spinal discs and muscles in the spinal cord can be damaged by falls, heavy machinery, other accidents, or repetitive motion strain.
• Traumatic Brain Injuries: These injuries can cause serious medical complications and affect a person for the rest of their life. They often have delayed symptoms, which can sometimes make them hard to attribute to a workplace accident. They may be caused by falling objects, car accidents, other heavy machinery collisions, and slip-and-fall accidents.
• Catastrophic Injuries: These are caused by severe accidents, such as machinery malfunctions, heavy equipment explosions, and vehicle accidents. They can cause lasting and serious damage. Catastrophic injuries include serious lacerations and cuts, fractured and broken bones, amputations, burns, spinal cord injuries, and head injuries.
• Occupational Illness: Some employees can develop an illness or disease from their employment. Often, this is from exposure to hazardous substances, chemicals, and other materials. This exposure can lead to respiratory illness from inhalation and the development of cancer in some cases.

These are not the only injuries that may qualify you for workers’ compensation. For many employees, any injury while on duty may constitute a workers’ compensation claim.

Do I Have to Hire a Lawyer for My Workers’ Compensation Case?

Legal counsel is not required to file a workers’ compensation claim. However, it can speed up the process, maximize the benefits, and give you time to recover. If your employer decides to illegally move against you for a legitimate claim, an attorney can ensure that your employee rights are protected and defended. Although many employers are honest, some employers want to avoid the increased insurance premium from a workers’ compensation claim. They will try to deny that your injury happened or hide the evidence. Having an attorney on your side from the beginning of your claim can lessen the negative effect of these actions.

A workers’ compensation claim needs to be filed correctly, with all the accurate information and necessary evidence included. Workers’ compensation attorneys have a lot of experience with filing these claims. They know what is needed and how to present the information. If your employer’s insurance provider lowballs a settlement amount, your attorney can tell that it is unfair. You and your attorney can work together to determine the scope of your damages before filing. This allows you to negotiate for an amount that covers current and future losses. Through every step of the process, a workers’ compensation attorney can help you maximize your benefits.

When Should I Hire a Workers Compensation Attorney?

In some situations, you need an attorney immediately to address complex or uncertain events. This includes when:

• You discover your employer does not have workers’ compensation insurance. There are other legal paths to receive compensation, such as a personal injury claim.
• You are told that you are not eligible for workers’ compensation benefits despite being a covered employee. It is illegal to purposefully misclassify workers to avoid providing adequate benefits.
• You developed symptoms gradually, whether from an illness or because you suffered a head injury.
• Your workplace injury is classified as psychological or emotional. These are hard to prove in a claim, and you may or may not qualify depending on the circumstances.
• The doctor approved by your employer’s insurance company failed to evaluate your condition well.
• The approved doctor failed to answer any questions and concerns you had.
• Your employer claims that your injury was not work related.
• Your employer refuses to agree that your injury makes you unable to work.
• The approved doctor has an opinion regarding your work capabilities that you disagree with. You are legally entitled to another physician’s opinion.
• The insurance provider does not offer you the compensation you deserve.
• The insurance company fails to provide compensation within a reasonable timeframe.
• Your employer retaliates against you for requesting workers’ comp forms or for filing the claim.
• The insurance provider or your employer claims that your injury is fraudulent.
• Your injury is the result of your employer’s carelessness or their intentional endangerment.
• A third party was the cause of your injury.

The sooner you begin to work with an attorney, the stronger your claim and negotiation will be.

How Much Do Workers’ Compensation Lawyers Charge?

Workers’ compensation attorneys in California charge on a contingency basis. This means that you do not pay them out of pocket; you only pay them if you receive a settlement. A judge will approve a percentage of that settlement as payment, which may range from 10 to 15%.

The percentage they receive depends on

• How difficult and complex the case was
• How much time was needed
• The resources required
• How significant the results of the claim were

Cases that have multiple employers or complicated investigations would be awarded a higher percentage. For this reason, workers’ compensation attorneys cannot give you an exact amount in fees. They can only give you an expectation for the outcome of your case and what the percentage may be. A good attorney will provide you with a strong estimate.

What If You Can’t Afford a Lawyer for Your Workers’ Compensation Case?

Because of the contingency-based form of payment, there are no out-of-pocket fees. This is done so that every employee can file for workers’ compensation, regardless of whether they can afford an attorney. If an attorney charges out-of-pocket fees for workers’ compensation that you cannot afford, you may want to look for another attorney. Even if more than one law firm represents you during your claim, they must split the 10-15% of your settlement that is designated for attorney fees between them.

What to Do If You Suffer a Workplace Injury

The first thing you want to do is determine if you need medical attention. If you can, let your supervisor know that the injury occurred. Ask them for the workers’ compensation forms that you need. Also, ask to see which physicians are approved by their insurance provider. Your employer is legally obligated to provide this information in good faith. If you need emergency medical care, you can go to any available doctor, regardless of whether they are approved.

At the time of your personal injury, try to document the evidence for it. If possible, note who was around to witness the accident.

After seeking emergency care, once your condition is stable, you need to see an insurance-approved doctor for your disability rating. This rating depends on:

• How serious your injury is
• The type of injury
• How much it limits your ability to work
• How long the injury will affect you

The disability rating will be included in your claim filing, along with other evidence. Your employer’s insurance provider will decide how this information relates to your compensation level. Many insurance companies wish to save as much money as possible and will provide you with less than you deserve. That is why it is important to work with a workers’ compensation attorney.

What Is the Average Workers’ Compensation Settlement?

A settlement can range anywhere from $2,000 to $40,000. Some workers’ compensation settlements are in the millions of dollars. However, these are usually cases where catastrophic injuries will cause complications for the rest of someone’s life. Predicting the settlement amount requires knowing the specifics of your injury, workplace, and disability. Factors that affect your settlement include:

• The type of workplace injury you suffered
• If medical complications are expected in the future
• The amount of time you are unable to work for
• The severity of the injury
• The impact of the injury on performing your job duties
• Your prior average income
• Whether you require retraining to enter another field

Understanding Temporary vs. Permanent Disability Benefits

Many workers’ compensation claims receive disability benefits. What you receive and for how long depends on the length of time your injury is expected to affect your daily life and ability to work.

Temporary disability benefits are awarded in many workers’ compensation claims and are set for a limited number of payments. These payments are ⅔ of your average weekly wage and may be paid to you for up to five years. If you return to work on lighter duty, or in a different job position, you may still be able to receive partial disability benefits.

Permanent disability benefits are for employees whose injuries are serious and catastrophic and leave them unable to ever work again. These benefits are also ⅔ of your weekly wage. They can last for many years, up to the rest of a person’s life.

What Is Not Covered by Workers’ Compensation?

For covered employees, most injuries sustained while on the job are eligible for workers’ compensation. They will not cover the following situations:

• The injuries were caused by an unpredictable occurrence, such as an earthquake or flood.
• Your conduct when you received the injury was against company policy.
• You were committing a crime when you were injured.
• You were under the influence of drugs or alcohol at the time of the injury.
• You were injured while not on duty at work.
• Your injury or illness was a pre-existing condition that was not worsened by your work but for other reasons.
• You contracted a common illness.
• The injury was caused by intentional harm to yourself or others.
• The injury is easily treatable with simple first aid.

Some workplace injuries can be complex. If you are unsure whether your circumstances qualify you for workers’ compensation, talk it through with reliable legal counsel.

Can You Sue an Employer for Your Workplace Injury?

Generally, you cannot sue your employer directly. However, you can sue them if one of the following applies:

• They do not have workers’ compensation insurance.
• They fraudulently hid relevant information about your claim.
• They intentionally caused your injury.
• They retaliated against you for filing or receiving benefits.

You may have reason to sue your employer in those cases.

You can also sue a third party if they were directly responsible for the accident. This can help you receive compensation that is not covered by workers’ compensation claims, such as pain and suffering damages.

The highly experienced attorneys of Pratt Law Corporation want to help you protect your employee rights. We can help you file a claim, determine the benefits available to you, and protect yourself from retaliation. Contact our team for exceptional representation and comprehensive legal advice.