Workers’ compensation provides important legal protection to employers and financial relief to their injured workers. When a workplace injury occurs, the victim has the right to claim workers’ compensation benefits that can help them recover. In most cases, an injured worker can expect medical expense coverage and ongoing disability benefits from their employer’s insurance carrier. Unfortunately, workers’ compensation insurance may not cover the extent of damages that a worker suffered, leaving them to wonder how they could possibly recover the rest.
If you or a loved one suffered any type of injury at work, an experienced workers’ compensation attorney is the ideal resource to consult when it comes to maximizing your recovery. They can assist you with every part of the claim filing process, from filing your claim forms to resolving disputes that might arise with your employer and/or their insurance carrier. They can also be crucial to exploring any additional avenues of recovery that may be available to you that you would not have known to consider had you attempted to handle your case alone.
Recovering Beyond Workers’ Compensation
When you have suffered a severe injury at work, it is not only important to strive to maximize your workers’ compensation benefits but also to determine whether you have any additional avenues of legal recourse available to you. Generally, workers’ compensation insurance protects employers from civil liability for their injured workers’ damages. This means that an injured worker cannot sue their employer for a workplace injury as long as the employer has appropriate insurance coverage. However, there are some possible exceptions to this rule.
First and foremost, if the employer does not have workers’ compensation insurance as required by law, they face civil liability for an employee’s work-related injury. It is also possible for the employer to face liability if they intentionally caused the injury somehow or if they failed to enforce applicable workplace safety rules. If you are unsure whether you have grounds for a civil action against your employer, it is vital to consult an attorney as soon as possible.
It’s more likely for an injured worker to have grounds for legal action against a third party responsible for their injury. If you were injured by any party outside of your work, you could file a claim for workers’ compensation benefits as usual, but you would also have grounds for a third-party personal injury claim against whoever directly injured you.
Workers’ compensation benefits can include your medical costs and a portion of the income you are unable to earn due to your injury, but a successful third-party personal injury claim can enhance your total compensation even more. Success with your claim may yield repayment of lost income that insurance won’t cover, as well as compensation for your pain and suffering. If you wish to make the most of this claim, you will need legal representation you can trust on your side.
FAQs
Q: What Happens if an Employer Cannot Accommodate Work Restrictions?
A: Some injured employees will be able to manage light duty as they recover, but this isn’t always an option if an employee’s injuries are too severe. If an injured worker has medical restrictions that limit the work they can perform, their employer is expected to accommodate these restrictions and offer them lighter duties. However, if the employer cannot do this, their insurance carrier will need to pay the employee temporary total disability benefits until they can go back to work.
Q: What Is the Coming and Going Rule in California Workers’ Compensation?
A: The coming and going rule refers to an employee’s commute to and from work. Almost any injury suffered while working counts as a work-related injury for the purposes of workers’ compensation, but this does not apply to injuries suffered during commutes. Therefore, if an employee is injured in a car accident on their way to work or on their way home from work, they cannot file for workers’ compensation benefits because the accident occurred while they were coming from or going to work.
Q: What Is the Limit for Workers’ Compensation Disability Benefits?
A: Generally, it is possible for an injured worker to continue receiving weekly disability benefits for up to 104 weeks. However, they have the option of spreading these payments out over a five-year term. There are few exceptions to this rule, but severe injuries that involve significant burns, chronic lung disease, and catastrophic injuries may qualify for up to 240 weeks of benefits. It’s possible for a claimant to qualify for permanent disability benefits only if they are completely unable to ever go back to work due to the severity of their injury.
Q: How Is Disability Determined in a Workers’ Compensation Case?
A: As part of the claim filing process in a workers’ compensation case, the claimant will likely need to undergo a medical examination from a physician approved by their employer’s insurance carrier. This physician assigns a disability rating based on the overall severity of the claimant’s injury and the extent of long-term or permanent harm they are likely to experience because of it. The higher the rating, the more the claimant can receive in disability benefits.
Q: Do I Need to Hire an Attorney for a Workers’ Compensation Claim?
A: Technically, no, you have the right to file your claim on your own, but it is important to acknowledge the risks you might face in doing so. You could make errors with your claim or encounter complications that you do not know how to address on your own. You could also meet with disputes from the employer or their insurance company, or you may receive a benefits determination you believe to be unfair. Ultimately, hiring an experienced workers’ compensation attorney significantly improves your chances of reaching optimal results in the shortest time possible.
The attorneys at Pratt Law Corporation have years of professional experience with workers’ compensation cases that we are ready to leverage on your behalf. We know that every claim is different, and every claimant will face unique legal challenges as they seek the benefits they rightfully deserve. Whatever your case entails, you can trust our firm to guide you through the claim filing process and help secure your benefits. Contact us today to schedule a consultation and learn more about how we can assist you.
