Lawndale Workers’ Compensation Attorney
Your work is supposed to provide you with income to support your family and compensate you for your time. It is not supposed to harm your body or make it difficult for you to function normally. Unfortunately, workplace accidents do occur, and they can jeopardize an employee’s lifestyle, earning potential, financial stability, and more. This is why it is important to know your rights as a Lawndale employee.
Workers’ compensation is a system that helps support employees after a workplace accident. Because California requires all employers to have workers’ compensation insurance, every employee in Lawndale should be covered. However, filing a claim and receiving compensation for your workplace injury is often more difficult than it seems.
With the help of an employment lawyer, you can navigate your workers’ compensation claim and give yourself the greatest possible chance of getting the compensation you deserve. Our firm is a leader in employment law in Lawndale, CA and can provide you with the top legal representation in the area.
Pratt Law Corporation: Your Lawndale Workers’ Compensation Lawyers
For many years, our team has helped clients navigate workers’ compensation claims. During this time, we have seen countless scenarios and circumstances that are all distinct from one another. Because of this, we provide each of our clients with a personalized, tailored legal plan that serves their unique situation. When we create a customized approach for you, it is much more likely to work in court.
Because we have seen so many workers’ compensation cases, we have a level of experience that cannot be matched in the Lawndale area. This benefits each of our clients, as it provides you with a reliable resource throughout your claims process. We are confident that we can handle any scenario that you are facing. Our firm can give you peace of mind and security throughout your workers’ compensation claim process.
For employment law and workers’ compensation, there is no better California law firm than Pratt Law Corporation.
What Is a Workers’ Compensation Claim?
Workers’ compensation is a type of insurance that an employer purchases for their company. This insurance is meant to cover the cost of any accidents or injuries that occur in the workplace. This benefits both the employer and the employee by ensuring that they do not have to pay for a workplace injury.
California requires all businesses with one or more employees to have workers’ compensation insurance. In exchange, employees are not permitted to file a personal injury claim against their employer. For a standard workplace accident, the workers’ compensation insurance should cover the costs. Potential costs that workers’ compensation insurance will cover include:
- Medical bills associated with the accident and injury
- Lost income for time spent out of work to recover
- Vocational retraining if the employee cannot return to their job because of the injury
- Temporary or permanent disability benefits
- Death benefits if the employee passes away from their injuries
This compensation is fairly comprehensive. It is meant to release both the employer and employee from the potentially significant costs of a workplace accident. Your employer should not try to prevent you from filing a claim if you get hurt at work.
Working With Insurance
The workers’ compensation system is fairly straightforward, so it may seem as though the process will be easy. Unfortunately, this is rarely true because of the nature of insurance companies. These businesses, though they pretend that they want to help customers, are still focused on their own profits. This means that they will take any possible action to avoid having to pay for your injury.
Their first tactic is usually to harass victims with phone calls. They may imply that you legally must speak to them right away, which is untrue. When they do finally contact you, they will ask you leading questions to try to get you to claim fault for the accident. If you do, they do not have to pay. These companies will dissect your statement for any possibility of liability for the incident. They will even take you to court if they believe that they can avoid paying for your medical bills.
In some situations, insurance companies have victims followed by an investigator. This individual’s job is to track your day-to-day activities to ensure that they are in line with your claim. For example, you hurt your back in a workplace accident. The investigator then sees you playing basketball with your children. The insurance company will use this as proof that you do not deserve their financial support.
Many people are shocked by the tactics that insurance companies use to avoid paying compensation in California workers’ compensation claims. However, it is a regular practice that is well understood in the legal community.
Why Do I Need a Workers’ Compensation Attorney?
A workers’ compensation attorney can provide essential help during the workers’ compensation claims process.
One way that we support clients is by providing statements to insurance companies on their behalf. We know their tactics and have experience with these cases. We can interact with the adjusters without inadvertently giving away your claim. You do not have to worry about speaking with the insurance company yourself and risking your case. We can handle all communication on your behalf. This can significantly contribute toward winning your claim.
A workers’ compensation attorney can also walk you through the steps of the claims process. Unfortunately, filing a workers’ compensation claim can be complicated, and it is difficult to know what to do and when. If you miss a deadline, you may jeopardize your right to financial support.
By law, you cannot file a personal injury claim against your employer. However, you may be able to get an additional settlement by filing a personal injury claim against a third party who caused the injury. For example, if your coworker caused the accident that led to your injury, you could file a personal injury claim against them. Having an attorney to represent you during your workers’ compensation claim process ensures that you know all settlement options available to you.
Workers’ Compensation and Personal Injury in Lawndale, CA
Personal injury claims allow you to take action against someone who has harmed you through negligence. If a third party’s negligence caused the workplace accident and injury, you have the right to file a personal injury claim.
Negligence is key in these claims but can be difficult to define in broad terms. Any time someone neglects their responsibilities or breaks the law, they are acting negligently. In a workers’ compensation situation, this may mean that a coworker, vendor, customer, consultant, or other person failed to act appropriately and caused the injury.
For example, your coworker arrives to work under the influence of alcohol and drops a tool on your foot. You can file a personal injury claim against them because being under the influence is a form of negligence.
If you believe that this type of claim is appropriate in your circumstances, it is important to have a workers’ compensation attorney who can also provide personal injury support. Our team at Pratt Law Corporation has many years of experience in personal injury law.
Eligibility for Workers’ Compensation
Many people believe that they need to be directly performing their job duties at the time of the accident to qualify for workers’ compensation. However, this is untrue. An employee can file for workers’ compensation if they get hurt doing anything that is within the scope of their job description or normal workplace behavior.
For example, you are walking to the break room to get more coffee and you trip on a wire. You can file a workers’ compensation claim for your injuries. Although accessing the break room’s beverages is not part of your daily job duties, it is within the realm of normal, permissible workplace behavior.
There are only a few situations that make you ineligible to receive workers’ compensation, including:
- Being under the influence of alcohol or drugs at the time of your injury
- Causing the injury purposefully to collect workers’ compensation money
- Roughhousing or fighting at the time of the injury
- Sustaining an injury outside of work
Most every other injury scenario makes you eligible for workers’ compensation insurance.
Common Workplace Injuries
The types of injuries that workers sustain vary by industry. However, it is important to be aware of common workplace injuries so that you can seek medical care if you have one. Some of these injuries are traumatic or result from a single event. Others are repetitive motion injuries, which happen over time.
Common workplace injuries include:
- Traumatic brain injuries (TBIs)
- Back and spinal cord injuries, including paralysis
- Broken bones
- Lacerations
- Burns
- Carpal tunnel syndrome
- Lasting disease from exposure to toxins, such as cancer
This is not an exhaustive list of the potential injuries that you may sustain in a workplace accident. Be sure to seek medical help right away after an injury occurs.
What Do I Do After a Workplace Accident?
If you are involved in a workplace accident, it can be helpful to know what to do. This will allow you to have the greatest advantage in your claim.
After a workplace injury, you should:
- Assess yourself for any injuries. If you are severely hurt, show signs of head or spinal trauma, or are losing consciousness, do not do anything else until medical help arrives.
- If it is safe to do so, take photos of your injuries and the injuries of anyone else.
- Take photos and videos of the accident scene as well as broken equipment, tripping hazards, etc.
- Note any coworkers or third-party individuals who might act as witnesses.
- Note the placement of any cameras that may have caught the accident.
- Seek medical care.
- Retain copies of all medical records, notes, and documents associated with the accident.
- Call your lawyer.
These steps can help preserve your claim. They can also increase the likelihood of earning a workers’ compensation or personal injury settlement.
What If My Loved One Died of a Workplace Injury?
Unfortunately, victims of workplace injuries do not always survive their accidents. These situations are devastating to the employee’s family, not just emotionally but financially as well. Fortunately, workers’ compensation insurance offers death benefits to the family of the deceased employee. These benefits cover:
- Any medical bills that the employee accumulated from the accident before they passed
- Funeral and burial expenses
- Lost income
- Support for the deceased’s dependents
There may be additional support available to you if your loved one passed away from a workplace injury. A personal injury attorney can help you determine if there may be further avenues of compensation in your case.
A third party’s negligence may have been fully or partially responsible for your loved one’s death. If so, you could file a wrongful death claim against them. These claims are similar to personal injury claims but must be filed by the family of the deceased worker. This cannot bring your loved one back or ease the pain. However, the settlement can provide additional financial support for your family as you grieve your departed loved one.
How Much Does a Lawyer Cost?
Workers’ compensation, personal injury, and wrongful death attorneys charge differently for their services. It is important to discuss costs with potential attorneys before you hire them. This can ensure that you can afford their services for the duration of your claim.
Workers’ compensation attorneys charge a percentage of the settlement amount. Unlike many other industries, a judge will determine how much the attorney can charge depending on the complexity of the claim. Usually, this is either 10%, 12%, or 15%.
Personal injury and wrongful death lawyers also usually charge a percentage of the settlement. However, the percentage is not as closely monitored by the court. The average percentage that a personal injury attorney will take is 33%.
Contact Pratt Law Corporation
Our team is highly experienced and ready to help you with your workers’ compensation claim. No matter what the circumstances may be, we are confident that we can provide you with the finest legal counsel in the Lawndale area.
For more information, or to schedule a consultation, contact Pratt Law Corporation online.