Lakewood Workers’ Compensation Attorney
California enforces relatively strict workers’ compensation laws for employers, requiring every employer to have workers’ compensation insurance regardless of their number of employees. Even if an employer has just one employee, they must have workers’ compensation insurance. California law requires employers to accurately categorize employees and extend benefits and workers’ compensation protection to all eligible workers.
Representing Injured Workers in Lakewood, CA, Workers’ Compensation Cases
The workers’ compensation system protects both employees and employers after workplace injuries. If an employee is injured at work, workers’ compensation can pay for the medical treatment they require and provide ongoing disability benefits that help them manage their household expenses when they are unable to work. While the workers’ compensation claim system may seem straightforward, unfortunately, many injured workers encounter significant challenges when securing the benefits they need after workplace injuries.
If you or a loved one recently suffered an injury at work, a Lakewood workers’ comp lawyer is the ideal resource to consult when it comes to ensuring you receive appropriate compensation for your losses. A good attorney will not only help you complete and submit your claim forms but also help you gather any additional evidence or documentation you must provide to your employer’s workers’ compensation insurance carrier. In addition, you can rely on your legal team to provide ongoing support and guidance as you navigate the claim process, and your Lakewood workers’ compensation attorney will be essential if you encounter an unexpected denial of benefits or if your employer interferes with your claim in any way.
Why Should I Hire a Lakewood Workers’ Compensation Attorney?
It is technically possible to handle a workers’ compensation claim on your own, and many injured workers successfully do so each year. However, there is always a chance for unexpected problems to arise that you will not know how to resolve on your own. You need legal counsel you can trust in these situations. A Lakewood workers’ compensation attorney can correspond with your employer’s workers’ compensation insurance carrier on your behalf, coordinate with the California Division of Workers’ Compensation (DWC) when necessary, and help you explore further legal options for recovery outside of the workers’ compensation system.
You are more likely to succeed with your workers’ compensation claim and more likely to maximize your total compensation for your injury when you have reliable legal counsel. It’s natural to have doubts and concerns about your situation when you have suffered a severe injury at work, and the right Lakewood workers’ comp lawyer is the ideal resource in this situation. Pratt Williams has years of experience representing Lakewood, CA, area clients in difficult workers’ compensation claims. We know the obstacles many injured workers in California face when securing the benefits they need after their injuries at work. We can apply our experience and provide the full scope of our professional resources in handling your workers’ compensation case.
Commonly Reported Workplace Injuries in Lakewood, CA
When most people think of workers’ compensation and workplace injuries, they imagine severe traumatic injuries from accidents. While many workers’ compensation claims pertain to acute traumatic injuries, many revolve around acquired medical conditions and repetitive stress injuries. Many people perform the same tasks every day for work, and over time this takes a toll on the body. The Workers’ Compensation Act not only allows workers to claim benefits after acute injuries but for any injury or illness acquired from their job duties.
Some of the most commonly reported workplace injuries in California include:
- Soft tissue injuries. Any injury to muscles, tendons, and ligaments can be incredibly painful and require extensive recovery. These injuries can happen suddenly during demanding physical tasks at work, and some soft tissue injuries will require surgical correction. It’s also possible for some soft tissue injuries to cause permanently diminished range of motion and other long-term complications.
- Repetitive motion injuries. People who perform the same manual tasks every day at work may eventually develop repetitive stress injuries from their job duties. For example, carpal tunnel syndrome affects the hands, fingers, and wrists and commonly affects office workers who type every day. It’s also possible for repetitive motion injuries to affect the back, shoulders, knees, and feet in physically demanding jobs. Repetitive stress injuries may necessitate light duty and require ongoing rehabilitative treatment.
- Traumatic brain injuries. A brain injury is one of the most severe injuries a person can suffer at work. Falling objects, collisions with heavy objects, and slips and falls are just a few examples of how severe brain injuries might occur at work. Unfortunately, a traumatic brain injury can be unpredictable, and it may take time before the victim can fully assess all the effects this type of injury has had on them.
- Back and spine injuries. Many workers’ compensation claims pertain to back and spine injuries, some of which are severely debilitating. A back injury could be a strain or sprain that happens suddenly during demanding physical labor, or it could manifest gradually over time due to the job’s physical demands. Herniated and bulging discs can be incredibly painful, and any injury to the spinal cord has the potential to result in permanent disability.
- Catastrophic traumatic injuries. Workplace accidents such as explosions, equipment malfunctions, heavy equipment accidents, machinery malfunctions, and vehicle accidents can potentially cause life-threatening injuries to affected workers. In addition, crushing injuries, amputations, spinal cord injuries, and other catastrophic injuries can easily result in permanent disabilities and excruciatingly painful recovery processes.
- Acquired illnesses. Some workers must work with or near harmful substances. As a result, it’s possible that repeated exposure to these substances can eventually cause medical conditions to arise. For example, respiratory illness, injuries from corrosive chemicals, and even cancer are possible from exposure to certain workplace substances.
There are countless ways any worker might suffer injuries while performing their job duties. They may also develop illnesses and medical conditions over time due to the nature of their work. Whenever an injury occurs in the workplace or while a worker is carrying out their job responsibilities, they have the right to file a workers’ compensation claim. Many people are surprised to discover that conditions they didn’t think would qualify for workers’ compensation are valid grounds for workers’ compensation claims.
How Do Workers’ Compensation Benefits Work?
Filing a claim for workers’ compensation is similar to filing most other types of insurance claims. If you are injured while working, you should report the injury to your supervisor immediately and request the appropriate claim forms you will need to submit to your employer’s workers’ compensation insurance carrier. Your employer has a legal obligation to handle your claim in good faith and provide the materials you need for your claim.
You will need to undergo a medical examination from a physician approved by your employer’s workers’ compensation insurance carrier. They must provide you with a list of local physicians you can visit for your examination. While you can see any available doctor in an emergency, you must see an approved workers’ compensation physician once you stabilize to receive a disability rating. This rating is based on the severity of your injury and whether you face long-term complications because of it. Once you have your disability rating and the report from the workers’ compensation physician, the insurance company will assign a claim adjuster to your case to evaluate your claim.
Unfortunately, even if you follow all the necessary steps to the letter, there is no promise that the workers’ compensation insurance company will award you the maximum allowable benefits for your injury. Insurance companies tend to look for all justifications they can find to offer low ball settlements or deny claims. If you believe the workers’ compensation insurance carrier has failed to handle your claim in good faith or if they have unfairly denied your claim, you need a Lakewood workers’ comp lawyer to review the situation and assess your best available legal options.
If a dispute arises concerning a workers’ compensation claim, the California Department of Workers’ Compensation (DWC) is responsible for administrating the dispute and resolving it. Your Lakewood workers’ compensation attorney can guide you through any necessary interactions with the DWC and ultimately help you secure a favorable outcome to your claim. Ideally, a successful workers’ compensation claim will yield two types of benefits: medical expense coverage for any treatment the claimant requires to reach maximum medical improvement and disability benefits that compensate their lost income while they are unable to work.
Temporary Versus Permanent Workers’ Compensation Disability Benefits
Most workers’ compensation claims will yield temporary disability benefits for a claimant. This type of benefit provides up to two-thirds of the claimant’s average weekly wage for up to 104 weeks. These 104 payments can potentially be spread out over five years. The claimant’s disability rating typically dictates how long the claimant will continue to receive benefits. The injured worker can continue receiving disability benefits until they reach maximum medical improvement. In some cases, an injured worker can return to light duty or alternative work if they cannot resume their previous job. Workers’ compensation may provide partial disability benefits in this situation.
Permanent disability benefits are rarely awarded, reserved for claimants who have suffered catastrophic injuries that prevent them from returning to work at all in the future. As a result, in many cases, an injured worker who qualifies for permanent disability benefits may need to exhaust their available workers’ compensation benefits before transitioning to Social Security disability benefits. Your Lakewood workers’ comp lawyer can help you determine how to maximize your claimable benefits after a serious workplace injury.
Can I Sue After a Workplace Injury?
The workers’ compensation system provides economic relief to injured workers and legal protection for employers. If you are injured while working, you typically can’t sue your employer. If they have workers’ compensation insurance as state law requires, you must secure compensation for your injury through the workers’ compensation system. However, if your employer does not have workers’ compensation insurance, or if they intentionally caused your injury in any way, you may have grounds for a civil claim against them.
It’s also possible to have grounds for a civil action against a third party responsible for your workplace injury. For example, if you were performing a delivery for work and another driver caused an accident with your vehicle, you would have grounds for both a workers’ compensation claim and a civil claim against the third party who caused the accident. Your third-party claim could potentially yield compensation for damages that workers’ compensation wouldn’t cover, such as your pain and suffering.
What to Expect From Your Lakewood Workers’ Compensation Attorney
It’s natural to feel uncertain and distressed by your circumstances when you are struggling in the aftermath of a severe workplace injury. You may be concerned about your ability to work and earn an income to support your household. In addition, you may face an uncertain medical recovery and contend with long-term complications or disabilities. Whatever your unique situation entails, it will be much easier to approach the workers’ compensation claim process with confidence when you have an experienced Lakewood workers’ compensation lawyer on your side.
Pratt Williams has extensive experience representing clients in Lakewood, CA, and surrounding areas in their workers’ compensation cases. We know that the claim process can be intimidating and that you likely have many questions about what you can expect. Our goal is to provide comprehensive support and guidance throughout every phase of your claim. If you cannot secure full compensation from the workers’ compensation system, or if you encounter unexpected unfairness or a denial of your valid claim, we can address these issues on your behalf.
Our team can also help you explore further legal action beyond the workers’ compensation system, such as a third-party claim that someone outside your workplace caused your recent work injury. Whatever your case entails, you can expect compassionate and responsive legal representation from the team at Pratt Williams. If you are ready to discuss your recent workplace injury with an experienced Lakewood workers’ compensation attorney, contact Pratt Williams today and schedule your consultation with our team.