Orange County Workplace Injury Lawyer

Thousands of workplace injuries occur in Orange County each year, negatively impacting the lives of workers in every industry. While some workplaces are inherently more dangerous than others, the reality is that anyone could potentially suffer an expected injury at work, leaving them with many important questions concerning their recovery options and how they can overcome their inability to work and earn income while they recover.

Experienced Legal Representation for Workplace Injury Claims in Orange County, CA

If you or a family member recently suffered any type of workplace injury in Orange County, you must know your rights and your legal options for recovering your damages. The workers’ compensation laws require virtually every employer in the state to have workers’ compensation insurance, and this insurance comes into play whenever someone suffers a workplace injury. Most employees in Orange County are covered by their employers’ policies, but filing a claim can be more challenging than the average person expects.

The Pratt Law Corporation has years of professional experience helping injured workers in Orange County navigate the workers’ compensation claim filing process. We can not only help file your claim but also resolve any problems you encounter with your employer and/or their insurance provider. Every workplace injury case is unique, but every injured worker deserves the compensation they are legally owed after a covered injury at work. If you are unsure how to approach the claim filing process, we are ready to assist you.

Can I Sue My Employer for a Workplace Injury in Orange County?

Workers’ compensation insurance serves two important purposes. First, it provides financial compensation to an injured worker, including medical expense coverage and income replacement benefits for the time they are unable to work after their injury. Second, it provides security to employers, shielding them from civil liability for their injured workers’ damages. Without this insurance, an employer in a potentially hazardous line of work may be hesitant to engage in certain operations and face various economic risks, and workers’ compensation insurance allows them to continue their operations with confidence.

You generally cannot sue your employer for a workplace injury in Orange County except under very specific conditions:

• If your employer does not have workers’ compensation insurance as required by law, then they have no immunity from your civil claim if you are injured at work.
• If your supervisor or a coworker intentionally inflicted your injury, you would have the right to file your workers’ compensation claim as well as a civil suit against the party responsible for causing your injury.
• If your employer forced you to complete a work-related task outside your typical responsibilities that included virtual certainty of resulting in injury, they would be liable for any damages that workers’ compensation insurance won’t cover.
• If a third party caused your injury while you were working, you can file your workers’ compensation claim and then pursue a third-party personal injury claim against them to recover whatever damages workers’ compensation insurance can’t cover, such as your pain and suffering.

Most injured workers in Orange County will have grounds to pursue workers’ compensation claims following their workplace injuries, but it is always possible for complications to arise during the claim filing process. When you have an experienced Orange County workplace injury attorney advising you, you will be better prepared to face these challenges and more likely to maximize the benefits you obtain.

Employer Duties for Workplace Injuries in Orange County

Every employer has certain duties and responsibilities they must fulfill whenever they become aware of an employee’s workplace injury. First, they are required to create a formal incident report of the injury, including a complete explanation of the details. This incident report will be a part of the workers’ compensation claim filing process. Second, they must provide the injured worker with the materials they will need to file their workers’ compensation claim. Finally, they may not interfere with the employee’s claim, nor may they retaliate against their claim filed in good faith.

If you notify your employer of your intent to file a workers’ compensation claim and they try to discourage you from doing so, or if they fire you or otherwise retaliate against your stated intent to file a claim, these actions are illegal. Employers pay monthly premiums to maintain their workers’ compensation insurance coverage, and claims from their employees could cause these rates to rise. You should consult an Orange County workplace injury attorney as soon as possible to determine your most viable options for responding to this type of treatment.

Ideally, your employer will handle the situation in good faith and facilitate your workers’ compensation claim. Once you notify them of your injury, they should provide the forms you will need to submit to their insurance carrier. As part of the claim filing process, you will likely be required to undergo a medical evaluation from a physician approved by the insurance carrier. You can see any doctor in an emergency, but you should expect this review to be an essential part of your claim filing process.

Qualifying for Workers’ Compensation Disability Benefits in Orange County

Workers’ compensation insurance in Orange County provides two important forms of compensation to an injured worker. First, the injured worker can usually expect the insurance company to pay for all the medical treatment they need to fully recover from their injury. This includes both immediate emergency care and ongoing rehabilitative treatment. Many injured workers are surprised to learn the breadth of medical treatments that are covered by their employers’ policies.

Second, the injured worker can receive disability benefits when their injury prevents them from working and earning income. It is possible for them to receive partial disability benefits if they can still work but are unable to earn as much as they did prior to their injury. When an injured worker in Orange County is awarded partial disability benefits, they must report all weekly income to the insurance carrier, and the amount of benefits they receive is based on how much they are able to earn. These partial disability benefits help offset their diminishing earning capacity and will continue until they are able to fully return to work at their previous earning capacity.

When an injured worker cannot work at all while they recover from their injury, they receive total disability benefits at a rate of about two-thirds of their average weekly wage. Their prior year’s earnings are considered in this calculation, and total disability benefits may continue until they are able to resume working or up to a maximum of 104 weeks. It is possible for the injured worker to continue receiving these benefits past this time limit if they remain disabled from their injury, and your Orange County workplace injury attorney can be invaluable if you must file a petition for an extension to your benefits.

Most workplace injuries are covered by workers’ compensation insurance in Orange County. As long as an injury happened while the claimant was performing their job duties, they are likely eligible to claim workers’ compensation benefits. A few of the most commonly reported types of workplace injuries in Orange County include:

• Slip and fall injuries. Falls account for a large portion of the total workplace injuries reported in the United States each year. The severity of a slip and fall injury typically depends on the height and location of the incident.
• Heavy equipment injuries. Many people are required to work with or near heavy machinery, some of which is capable of inflicting tremendous physical harm if it is misused or if it malfunctions unexpectedly.
• Acquired illnesses. Some people develop illnesses from their work environments, such as severe respiratory disease or cancer. As long as your illness directly results from work, it is possible to claim workers’ compensation benefits through your employer. The most challenging aspect of these cases is firmly proving that the condition resulted from the claimant’s work environment and/or job duties and not some other cause.
• Repetitive stressuries. Whenever an individual must perform the same repetitive tasks every day at work, the parts of their body they use  injthe most will experience wear and tear and become susceptible to injury. Some repetitive stress injuries cause symptoms that gradually worsen over time.
• Vehicle accidents. Many people are required to drive for work, and some people must use specialized work vehicles to perform their job duties. Vehicle accidents can happen for many reasons, and if you suffer injuries in a vehicle accident due to a third party’s actions, you could not only have grounds to file a workers’ compensation claim but also pursue additional compensation from the at-fault driver.

These are only a few examples of how workplace injuries might occur in Orange County. As soon as a workplace injury happens, the victim should report the incident to their supervisor immediately and seek medical treatment. Any delay in reporting an injury could reflect poorly on your workers’ compensation claim filing process, as will any delay in seeking medical care.

Filing Your Workers’ Compensation Claim in Orange County

When you choose an experienced Orange County workplace injury attorney to help file your claim, they can streamline the process significantly and help you recover benefits as soon as possible. Filing your claim will follow a similar procedure to how you would file any other type of insurance claim, but you face an additional layer of complexity to your employer’s role in the filing process. It’s possible to encounter issues with both your employer and their insurance carrier, but having the right attorney on your side means you will be fully prepared for any such problems that arise with your claim.

Your medical evaluation will be an important part of your benefits determination. The workers’ compensation doctor you visit will assign you a disability rating between 1 and 100 that indicates your level of disability. The higher your rating, the more you can receive in benefits. If you disagree with the doctor’s assessment of your condition, your Orange County workplace injury attorney can advise you as to how you can resolve this issue. You have the right to a second opinion, and once you complete the medical review process, you will be ready to submit your claim to the insurance carrier.

The insurance company is required to process your claim in good faith and issue a determination of benefits that reasonably reflects your disability rating and the terms of your employer’s policy. If your claim is denied, your Orange County workplace injury attorney is the most effective asset you have on your side to resolve this issue and receive a fairer result. If you receive a determination of benefits, it will include a breakdown of how much you can expect to receive in disability benefits and when those benefits will begin. Most injured workers in Orange County will start receiving their benefits payments within a few weeks of filing their claims.

Filing a Third-Party Personal Injury Claim for a Workplace Injury in Orange County

While workers’ compensation insurance generally prevents you from suing your employer in response to your workplace injury, there are exceptions to this, and there is a possibility for you to have grounds for a civil suit against a third party. If you have grounds to file a personal injury claim along with your workers’ compensation claim, the personal injury suit could yield compensation for the damages that workers’ compensation won’t cover.

For example, workers’ compensation benefits typically include full coverage of your medical expenses but only partial coverage of your lost income after a workplace injury. If you receive about two-thirds of your average weekly wage with each benefits payment, you could seek the remaining third as economic damages in your personal injury suit. Additionally, workers’ compensation benefits do not include coverage for pain and suffering, but if you have grounds to file a third-party personal injury claim, you could seek pain and suffering compensation from the defendant. California law does not place any limits on pain and suffering in most personal injury claims, so this could form a sizeable portion of your total recovery if you have the right attorney handling your case.

What to Expect From Your Orange County Workplace Injury Attorney

Every workplace injury claim filed in Orange County is different, and every claimant will face unique challenges as they seek compensation for the injuries they suffered. A successful workers’ compensation claim could yield medical expense coverage and disability benefits that make up for your inability to work after your injury, but navigating the claim filing process to a successful conclusion will be much easier when you have experienced legal counsel on your side.

Pratt Law Corporation provides compassionate legal counsel when you need it most after a workplace injury in Orange County. Our team has decades of professional experience handling work injury claims on behalf of clients. We know the various challenges you could face as you seek compensation for the injury you suffered and the many questions you are likely to have in the aftermath of any injury at work. Whatever your case entails, you can trust our team to guide you toward a favorable outcome in your recovery efforts.

We have experience dealing with the major workers’ compensation insurance carriers in Orange County and know the tactics they sometimes use to minimize their liability for injured workers’ benefits. We also know the issues you might encounter with an employer who does not uphold their responsibilities under the state’s workers’ compensation laws in good faith. When you have grounds to file a personal injury claim along with your workers’ compensation claim, we can assist you with this as well.

Many people who suffer injuries at work need legal counsel they can trust to help them recover the benefits they are legally entitled to claim, but the average person is likely to assume that hiring an attorney would cost more than they could potentially recover in benefits. However, if you choose Pratt Law Corporation to represent you, we will only collect our fee if and when we succeed with your case. We work on a contingency fee policy, so we only take a fee from a client as a percentage of the total amount we recover on their behalf. If we are unsuccessful with your recovery efforts, you do not pay any legal fees.

Time is a crucial consideration if you must file a workplace injury claim in Orange County. You have a limited time in which to submit your workers’ compensation claim, and any delay in filing could lead to complications in the processing of your claim. The sooner you reach out to an Orange County workplace injury attorney you can trust, the sooner you can get the help you need to approach the claim filing process with peace of mind. Contact Pratt Law Corporation today to schedule your consultation with our team and learn more about the various legal services we can provide after a workplace injury in Orange County.