Cerritos Workers’ Compensation Attorney
California state law requires every employer to carry workers’ compensation insurance, even if an employer only has a single employee. The workers’ compensation system of California aims to provide financial relief to workers who sustain injuries on the job, providing them with medical expense coverage and disability benefits when they are unable to work following their injuries. While the workers’ compensation claim system may seem straightforward, many injured workers, unfortunately, encounter significant challenges as they work toward obtaining the benefits they need after their injuries.
Legal Representation for Workers’ Compensation Cases in Cerritos, CA
Pratt Williams offers comprehensive legal representation to injured workers in Cerritos, CA, approaching the workers’ compensation system. We understand that a workplace injury can be painful and involve a difficult recovery, and it can pose significant economic challenges to the worker and their family. Therefore, our goal is to help our clients navigate their workers’ compensation claims as efficiently as possible, obtaining the benefits they need to recover and helping them explore any further options for legal recourse they may have outside of the workers’ compensation system.
Why Should I Hire a Cerritos Workers’ Compensation Attorney?
For many injured workers in the Cerritos, CA, area, the workers’ compensation claim process appears straightforward at first. Initially, the injured worker must notify their employer of their injury as soon as possible. Next, the employer provides the worker with the claim forms they need to submit to the employer’s workers’ compensation insurance carrier. Filing a claim for workers’ compensation benefits is similar to filing any other kind of insurance claim. The claimant submits their claim form and supporting documentation, and the insurer assigns a claim adjuster to review the claim. If the adjuster verifies that the claim is legitimate and covered by the employer’s insurance policy, the insurer will offer a settlement to the claimant.
Unfortunately, the workers’ compensation claim process does not always proceed the way an injured worker anticipates. The employer may interfere with their claim, denying their injury occurred while performing job duties. The insurer may deny the claim, saying that the injury isn’t covered by the employer’s policy or highlighting other technicalities. It’s also possible for a claim to be approved, but the insurer provides much less compensation than the injured claimant rightfully deserves.
Working with a Cerritos workers’ compensation attorney is the best way to ensure a positive outcome from your workers’ compensation claim. Your attorney can help you complete your claim forms, gather supporting evidence and documentation to bolster your claim, and help you determine whether you have grounds for any further legal action outside of the workers’ compensation system. As a result, you are not only more likely to succeed with a workers’ compensation claim when you have an experienced attorney representing you but also more likely to maximize your recovery as fully as possible.
What Is the Biggest Possible Workers’ Comp Settlement?
Workers’ compensation insurance carriers typically choose one of two methods to compensate an injured worker. They may award ongoing benefits until the worker recovers or offer a lump sum settlement. The former is more likely when an injured worker is expected to recover and return to work, while the latter is more likely when an employee has sustained a permanently damaging injury. Most workers’ compensation claims will provide medical expense coverage and ongoing disability benefits that reflect the severity of the injured worker’s situation, but large lump sums are possible when workers suffer catastrophic injuries.
If you have suffered any type of catastrophic injury at work that has caused a permanent disability, your workers’ compensation claim is more likely to result in a lump sum payment. While this may sound like a good thing, it’s essential to understand that insurance carriers typically attempt to settle lump sum awards as minimally as possible. Additionally, ongoing benefits for your injury may be more beneficial to your unique circumstances. It is always best to consult a Cerritos workers’ comp lawyer before accepting any settlement; your attorney may help you secure a much better settlement that more appropriately compensates your damages.
Commonly Reported Workplace Injuries
When most people imagine workplace injuries, they think of acute accidents that result in specific traumatic injuries. While many workers’ compensation claims pertain to acute traumatic injuries, many revolve around acquired injuries that gradually develop over time. Some of the most commonly reported workplace injuries that lead to workers’ compensation claims in Cerritos, CA, include:
- Repetitive motion injuries. Many jobs require workers to repeatedly perform the same manual tasks during every shift. Over time, this creates stress on the parts of the body workers use the most. For example, carpal tunnel syndrome may develop from typing and other repetitive tasks performed with the hands. In addition, repeated lifting and carrying heavy objects can cause repetitive motion injuries in the back and joints.
- Traumatic brain injuries. Some workplaces are inherently hazardous, such as construction sites and industrial facilities. Traumatic brain injuries can happen from slip and fall accidents, falling objects, and collisions with heavy objects. A traumatic brain injury can have devastating effects, potentially resulting in permanent disabilities.
- Back and spine injuries. Workers can sustain sudden back injuries at work from various causes, from lifting heavy objects to falls and strains. A back injury can be debilitating and take a long time to heal. Some severe back injuries will require surgical correction and may leave victims permanently disabled.
- Vehicle accidents. Many types of work in California require the use of motor vehicles. Work-related vehicles can pose most of the same dangers as any other vehicle. It’s possible for severe injuries to occur when workers operate vehicles at work or when they are near vehicles in their workplaces.
- Acquired illnesses. You have the right to file a workers’ compensation claim if you acquired an illness or medical condition from your work environment. For example, working with or near certain substances can potentially cause illness, and you will have grounds for a workers’ compensation claim if you develop any illness from your work environment.
- Soft tissue injuries. Many types of jobs can cause tremendous strain on the soft tissues of the body, such as the muscles, ligaments, and tendons. When these soft tissues sustain injuries, the effects can be excruciating and prevent the victim from using their normal range of motion. Some soft tissue injuries heal with rest and appropriate immediate treatment, while others require surgical treatment.
Many types of workplace injuries can lead to workers’ compensation claims. If you are unsure whether you have grounds to file a workers’ compensation claim in California, you simply need to determine whether your injury resulted from your work. The Workers’ Compensation Act allows any worker to claim workers’ compensation benefits if they sustain an injury at work or while performing job duties outside of their usual workplace.
How Do Workers’ Compensation Benefits Work?
The workers’ compensation system generally provides two types of compensation to injured workers. First, an injured worker should expect their employer’s workers’ compensation insurance carrier to cover all medical expenses they incur to reach maximum medical improvement. These medical expenses can include immediate emergency care costs and any costs associated with necessary ongoing treatments. Second, the workers’ compensation system will pay disability benefits when workers take time off work to recover from their injury.
Medical expenses are relatively straightforward, but disability benefit determinations can become complex legal battles depending on the unique variables in play in a claim. For example, the workers’ compensation insurance carrier handling your claim will want you to visit a physician on their approved list. This workers’ compensation doctor will assign you a disability percentage based on the seriousness of your injury and the likelihood that you will experience long-term complications. This disability rating determines your eligibility for disability benefits.
Workers’ Comp Benefits Can Be Permanent or Temporary
The California workers’ compensation system generally awards benefits on a temporary or permanent basis. An employee qualifies to receive temporary disability benefits when expected to eventually recover from their injuries. Temporary disability benefit payments typically equal two-thirds of the injured worker’s pretax gross weekly wage, and these benefits can continue for up to 104 weeks. Claimants only qualify for permanent disability benefits when their injury is severe enough to prevent them from working at all in the future. When a worker suffers permanent damage, they will likely qualify to collect Social Security disability insurance once their workers’ compensation benefits end.
Can I Sue for a Workplace Injury in Cerritos, CA?
The workers’ compensation system exists to protect employees and their employers when workplace injuries happen. Employers must carry workers’ compensation insurance, and in exchange, they are protected from civil liability for a workers’ injury. However, every employer must carry workers’ compensation insurance coverage. If they do not and an employee suffers an injury, the employee has the right to file a personal injury claim against the employer.
If your employer does have workers’ compensation insurance, but they illegally interfere with your claim in any way, or if they retaliate against you when you request to file a workers’ compensation claim, you will have grounds for a civil action against them. Employers must handle employees’ workers’ compensation claims in good faith, and taking adverse action against an employee who needs to file a workers’ compensation claim is illegal. Employers who engage in this behavior can face severe legal penalties.
You Might Be Eligible to File for Civil Damages Too
If your workplace injury occurred due to a third party’s negligence or intentional misconduct, you might have grounds for a personal injury claim against that third party. A successful third-party claim could allow you to recover any damages that workers’ compensation won’t cover. For example, workers’ comp typically pays two-thirds of your average weekly wage in disability benefits, and you could secure compensation for your remaining lost income from your third-party claim. You would also have the right to seek compensation for your pain and suffering caused by the third party.
What to Expect From Your Cerritos Workers’ Comp Lawyer
If you have recently sustained an injury at work, it’s natural to have lots of questions and concerns about how you can recover your losses. An experienced Cerritos workers’ compensation attorney is a valuable asset in this situation. You can not only rely on your legal team to guide you through the workers’ compensation claim process but also help you explore any further legal options you may have after your injury.
Pratt Williams has years of experience representing clients in Cerritos, CA, and surrounding areas in their workers’ compensation cases. We understand how devastating a workplace injury can be and the economic uncertainty a workplace injury can cause for you and your family. When you choose us as your Cerritos workers’ comp lawyers, our goal is to maximize your recovery as much as California law allows.
You can rely on our team to help you complete your claim form submission process. If you need to correspond with the California Division of Workers’ Compensation for any reason, we can guide you in these interactions. Our team can also assist you when you need to file a third-party personal injury claim or when the workers’ compensation insurance company has unfairly denied your legitimate claim.
Secure the Legal Counsel You Need Today
The Cerritos workers’ compensation attorneys at Pratt Williams offer comprehensive and compassionate legal counsel to injured workers approaching the workers’ compensation system. We can help you through every phase of your claim and help you address any unforeseen complications that might arise with your claim. Our team will also help you determine if you have any grounds for legal action outside the workers’ compensation claim process, such as a retaliation claim against your employer or a third-party claim against an outside party responsible for your workplace injury.
If you are struggling in the aftermath of a workplace injury and need legal counsel you can trust, we are ready to assist you. Contact Pratt Williams today and schedule a consultation with our team to learn more about the legal services.