Gardena Workers Comp Lawyer
An injury at work can be a life-changing experience. While some workplaces are inherently more dangerous than others, any workplace injury can result in expensive medical bills, economic strain from the inability to work, and long-term medical complications that adversely affect the victim for months, years, or even the rest of their life. While California enforces relatively strict workers’ compensation laws, it can be very challenging for an injured worker to navigate the claim process independently, and some injured workers may have grounds for legal action outside of the workers’ compensation claim process.
Legal Representation for Gardena Workers’ Compensation Claims
If you or a loved one recently suffered an injury at work, a Gardena workers’ comp lawyer is the ideal asset to have on your side. They can help you determine your best legal options for recovery. In addition, the right attorney can make your workers’ compensation claim much easier to manage and help you explore additional avenues of recovery, such as a third-party personal injury claim, if your situation allows it.
Pratt Williams has years of experience providing comprehensive legal counsel to injured workers in the Gardena, CA, area, and we can apply this experience to your case. We understand the stress, pain, and uncertainty that often follow workplace injuries and the challenges injured workers face when securing compensation for their losses. Therefore, our goal in every case we accept is to clarify the legal statutes surrounding our client’s situation, guide them through the workers’ compensation claim process as efficiently as possible, and assist them in exploring any additional legal recourse that may offer more expansive recovery.
Why Do I Need a Gardena Workers’ Compensation Injury Attorney?
If you sustained an injury at work, you might think that you should have minimal trouble filing a workers’ compensation claim and securing the benefits you need to recover. However, the reality is that a workers’ compensation claim is a form of insurance claim and dealing with insurance companies is rarely easy or pleasant. California law requires every employer to carry workers’ compensation insurance coverage, and injured workers must adhere to strict filing requirements when pursuing compensation for their workplace injuries.
While insurance carriers are legally required to handle all claims in good faith, there is no incentive for an insurance company to maximize a claimant’s payout. Typically, insurance companies look for reasons to justify reducing a claim payout or outright denying a claim. When you choose Pratt Williams as your Gardena workers’ comp lawyers, we will help you navigate the claim process and handle difficult insurance claim adjusters on your behalf. In addition, we will help ensure that you receive appropriate compensation for your injury. If you have room to pursue additional legal recourse outside of the workers’ compensation claim process, we can also assist with this.
Commonly Reported Workplace Injuries in Gardena, CA
Anyone can sustain an injury at work. When most people think of workplace injuries, they imagine inherently dangerous lines of work such as construction, manufacturing, and logistics. However, even people who have minimally physically demanding jobs like office work can still sustain life-changing injuries in their workplaces. Some of the most commonly reported workplace injuries in California include:
- Fall-related injuries. Some workers must work in high places, and others must use scaffolds, ladders, and other devices to complete their job duties. As a result, a fall can have devastating consequences, including traumatic brain injuries, spinal injuries, broken bones, and more.
- Head injuries. Workers in virtually any line of work can suffer traumatic brain injuries. For example, objects falling on a worker and various workplace hazards can result in traumatic brain injuries. Even seemingly mild brain injuries such as concussions can cause long-term symptoms.
- Broken bones. Bone fractures can occur in the workplace in numerous ways, from slip and fall accidents to crushing injuries caused by vehicles and workplace equipment. Some bone fractures will heal completely with time and appropriate treatment, while others can cause lifelong medical complications.
- Repetitive stress injuries. When a worker must perform the same manual tasks every day at work, repetitive stress on the parts of the body they use for these tasks can eventually result in various degenerative conditions. Carpal tunnel syndrome is one of the most commonly reported repetitive stress injuries from work. It is most often reported by workers who need to type and perform other manual tasks with their hands every day.
There are many other ways workers can sustain injuries on the job in Gardena. Under California’s workers’ compensation laws, virtually any injury sustained at work qualifies for workers’ compensation benefits. The only exceptions to this would be injuries caused by horseplay in the workplace, intentional self-harm, or injuries that occur when a worker is under the influence of drugs or alcohol at work.
How to File a Workers’ Compensation Claim in Gardena, CA
Injured workers usually have 30 days from the date an injury occurs at work to file their workers’ compensation claims. While this may seem like a great deal of time, the reality is that it is always best to work as quickly as possible when it comes to filing a workers’ compensation claim. Any delay could cause the insurance company to doubt the legitimacy of your claim, so report the injury to your supervisor immediately and start your claim process as soon as possible.
A Gardena workers’ comp lawyer can assist you with completing your claim forms, gathering any evidence you may need to support your claim, and providing ongoing guidance and support as your case unfolds. You will need to see a physician approved by your employer’s workers’ compensation insurance carrier. This doctor will examine you and provide you with a disability rating based on the severity of your injury. This rating will determine the extent of the benefits you can claim from the insurance carrier. While you can see any doctor if you need emergency medical treatment, you must see an approved workers’ compensation doctor once your condition stabilizes to receive your disability rating.
How Do Workers’ Compensation Benefits Work in California?
When a workers’ compensation claim is approved, the claimant can expect full coverage for all the medical treatment they require to fully recover from their injury and manage their symptoms. Additionally, workers’ compensation will provide disability benefits if the claimant cannot work for an extended time due to their injury. In most cases, temporary disability benefits can continue for up to 104 weeks, but these payments may be spread over five years if necessary. “Permanent” disability benefits can be paid for up to 14 years, but only if the claimant is left entirely unable to work due to a catastrophic injury.
Disability benefits are generally paid at two-thirds of the claimant’s average weekly wage. For example, if an employee usually earns $1,200 per week, they will receive approximately $800 from the workers’ compensation insurance carrier. Your Gardena workers’ comp lawyer can help you ensure you receive the maximum disability benefits possible under your employer’s insurance policy.
Can I Sue Outside of the Workers’ Compensation System?
California’s workers’ compensation laws typically prevent injured employees from suing their employers for workplace injuries. However, there are exceptions to this rule. For example, if an employer intentionally caused the employee’s injury or a co-worker intentionally harmed the employee, these situations would likely constitute valid grounds for civil claims. Employers can also face liability for workplace injuries if they do not have appropriate insurance coverage or are egregiously negligent in enforcing applicable safety standards in their workplaces.
Some injured workers may have grounds for legal action against third parties responsible for their injuries. For example, if you are performing a delivery for work and a drunk driver hits you, you would have grounds for a workers’ compensation claim because you were performing job-related duties, even though the incident occurred outside of your workplace. However, you would also have grounds for a civil claim against the drunk driver. This third-party claim could help you recover compensation for damages not covered by workers’ compensation, such as your pain and suffering.
What to Expect From Your Gardena Workers’ Compensation Lawyer
Navigating the workers’ compensation claim process can be more complicated than many injured workers expect. In addition, when their injuries occur due to intentional acts of harm or from the negligent actions of third parties outside of their workplaces, these variables can complicate their cases even further. Therefore, it’s essential to have legal counsel you can trust if you are faced with this type of situation.
When you choose Pratt Williams to represent you as your Gardena workers’ comp lawyers, we will thoroughly review the details of your case and guide you through the workers’ compensation claim process. We can handle correspondence with insurance carriers on your behalf and ensure they process your claim in good faith. If you have grounds for legal action beyond the workers’ compensation system, we can assist you in building your civil case and help you secure compensation for the damages that workers’ compensation insurance won’t cover.
If you are ready to discuss your case with an experienced and compassionate Gardena workers’ comp lawyer, contact Pratt Williams today and schedule your consultation with our team.