Los Angeles, California Workers’ Comp Lawyer

Suffering an injury on the job, whether it’s serious or minor, is rarely a situation that a worker expects to befall themselves. Once you’ve been injured, it’s not uncommon to feel disoriented and unsure how to proceed. But how likely is it that your employers are at fault for the accident, and is it even possible to be adequately compensated for your injuries, should you pursue a claim? If you’ve never previously been injured on the job, these can feel like exceptionally difficult questions to answer.

Whenever a California worker is injured on the job, they have the right to pursue a workers’ compensation claim. As the medical bills begin to come in, it’s easy to become overwhelmed by expenses that you never accounted for and may not have the spare funds to pay. The fact is, you shouldn’t be held responsible for handling these bills. If your injury was the result of your employer’s own negligence, then they are the party liable for the accident — and, thus, responsible for paying any expenses you incur.

Are you an injured worker in the Los Angeles, California area? Following the trauma you’ve experienced, make sure to get in contact with a skilled workers’ compensation lawyer as soon as possible. Your attorney will work tirelessly to ensure that the responsible party is held accountable for your medical bills and related expenses. Then, you’ll be able to focus all of your energy towards recovering from your injuries, whether they’re physical or psychiatric.

For California workers’ comp claims, you can always turn to the expert legal services of Pratt Law Corporation.

What Do Workers’ Compensation Attorneys Do?

Let’s take a quick step back and establish what a workers’ comp attorney actually is, including the kinds of claims they become involved in.

Simply put, the objective of a California workers’ comp lawyer is to fight for the rights of individuals injured in the workplace. Following the accident, a workers’ comp lawyer will be able to answer any questions you have about how to proceed as you tackle the complex legal side of your recovery. There’s no reason that you should be left in the dark when it comes to protecting your own rights as an employee.

Further, a workers’ comp attorney will work to ensure you receive the fairest possible settlement. Without a lawyer, it’s unlikely that you’ll be compensated the maximum amount.

When Should I Hire a Workers’ Compensation Lawyer?

As soon as you’ve suffered an injury or illness due to conditions in the workplace, it’s worth it to consider hiring a workers’ comp lawyer. That being said, in relatively rare instances, it may be reasonable to represent yourself — for instance, if the injury you sustained was minor, and your employer has readily admitted to their own fault.

Nonetheless, even in situations that seem to be uncomplicated, it’s never a bad idea to schedule a consultation with a workers’ comp attorney. That way, you can remain confident that you’re taking the best course of action. Through consultation, a lawyer can help explain the legal process to you, as well as warn you of any potential issues you could face during your claim.

There are many instances where your best route will be to hire a workers’ comp attorney following an injury in the workplace. For instance, in many cases, your employer isn’t going to readily admit their fault. They might even reject your workers’ comp claim, hoping that you won’t bother appealing this decision, even if your claim is entirely valid and you have every legal right to pursue it.

Additionally, the initial settlement offer you receive might not adequately cover all the medical expenses you’ve incurred due to your injury. While it can be tempting to give up at this stage and simply take what you’re being given, it’s entirely possible to fight back. To receive a better settlement, you can work with a workers’ comp lawyer.

Other reasons to hire a workers’ comp lawyer include:

• You are either unable to return to your position, or your ability to perform that position is now limited due to the injury you’ve sustained — essentially, you’ve developed either a partial or total disability.
• You currently receive Social Security disability benefits, or you’re hoping to begin receiving Social Security benefits from this point onward.
• Your employer unjustly fires or demotes you after you file a workers’ comp claim against them. Any situation along these lines is in direct violation of your rights as a worker.

Common Types of California Workers’ Comp Claims

Workers’ comp claims don’t simply come in one form. Rather, there are several situations that could lead an individual to pursue a claim within this branch of law. Here are just a few scenarios where someone might decide to open a workers’ compensation claim of their own.

Temporary Disability

If you’ve sustained a work-related injury that has resulted in a temporary disability, it’s within your right to pursue a workers’ comp claim — the disability doesn’t need to be permanent. Through your claim, you can seek out temporary disability benefits. These benefits can be impacted by a variety of other factors, however, including your level of income. Additionally, these benefits aren’t taxable.

As you recover from your injury, it might not be feasible for you to continue working for the time being. This can lead to severe financial hardship if you’re not receiving compensation via temporary disability benefits, paid for by your employer or insurance provider.

Permanent Disability

Likewise, if you’ve sustained a permanent or long-term disability as a consequence of your job, then it’s a wise decision to open a workers’ comp claim. In some instances, the injuries an individual sustains are going to be severe enough that they will no longer be able to return to work. This can be a financially distressing position to be put into if you’re not receiving the disability compensation that you’re owed.

First, your medical provider will need to determine that your condition has stabilized — and despite this fact, the effects are still severe enough that you won’t be able to return to work. So, the individual’s condition will be deemed “permanent and stationary.” At this stage, you may become eligible for permanent disability benefits.

Cumulative Trauma

Keep in mind that not all work-related injuries are going to occur as a result of a singular, catastrophic event. In some cases, these injuries can develop over time as a result of certain repetitive behaviors. Just like with any other form of workplace injury, your employer has an obligation to minimize the risk of harm to their workers. Otherwise, those workers have the right to open workers’ comp claims.

Cumulative trauma disorders will develop over a longer stretch of time, and they are what occurs when muscles, tendons, and nerve tissue undergo excessive wear. This wear must be the product of continued and repetitive use over a period of time.

Psychological Trauma

Remember, not all workers’ compensation claims need to be a response to physical injury or trauma. It is also possible that an individual will develop severe psychological distress or mental illness as a direct result of their employment. These people can also opt to open a workers’ comp claim to cover the cost of their treatment, lost wages, and more.

Although psychological or emotional injuries (such as post-traumatic stress disorder) aren’t always simple to prove, it’s entirely possible with the aid of a workers’ comp lawyer. Certain psychological, cognitive, or neuropsychological issues can severely impact someone’s ability to perform their job and should be taken as seriously as any other form of work-related injury.

Construction Site Injuries

Although any occupation has the potential to lead to injury, construction jobs are some of the most frequent offenders. There are many ways that construction site injuries can occur, including:

• Crane injuries
• Scaffolding injuries
• Forklift injuries
• Slip and fall injuries
• Miscellaneous machinery injuries (bulldozer, excavator, etc.)

In construction, as with any job, your employer is responsible for minimizing the risk of injury to employees. Serious injuries or even death should not be considered just a part of the job, even in fields with a higher risk of mishap.

Other Compensation Claim Types

A few additional instances where someone might pursue a workers’ comp claim are as follows:

• Seeking out death benefits, following a wrongful death scenario
• General slip and fall injuries
• Back or spinal injuries
• Workplace discrimination
• Other specific injuries

If you’ve found yourself impacted by any of these situations, make sure to get in touch with a California workers’ comp lawyer today.

Do I Need a Lawyer for a Workers’ Compensation Claim?

Technically speaking, you will always have the right to represent yourself in workers’ comp court. Nevertheless, that doesn’t mean that this is a smart course of action if you are hoping to be adequately compensated. In fact, choosing to represent yourself can become one of the quickest forms of self-sabotage to your claim.

Many of the duties your workers’ comp lawyer will perform aren’t simple to manage if you lack legal experience. For instance, one of the first tasks your attorney will attend to is a thorough investigation of your situation and the circumstances that led to the injury. This investigation is crucial to your claim, as it can allow you to prove liability on the part of your employer. If you’re unable to prove that your employer was the liable party, then you’re unlikely to see success with your claim.

Your attorney will also be available to negotiate with your insurance company. If you lack experience dealing with insurance providers, you could be putting yourself in a risky situation. Generally, insurance companies will seek out ways to minimize the settlement you receive by using your own words as an admission of partial or complete fault. If you don’t understand the nuances of interacting with insurance providers, this could be one of the easiest ways to damage your case. Your attorney, however, has a far more developed understanding of how to speak to insurance companies without negatively impacting your claim.

Then, your attorney will be able to advise you on whether the proposed insurance claim is fair. If you’re unable to reach an agreement with your insurance provider, your workers’ comp lawyer will be able to guide you through the litigation process from beginning to end. This includes making sure that you stay on top of crucial deadlines and paperwork.

In summary, yes, you’ll likely need to hire a workers’ compensation lawyer if you’re hoping to receive a fair settlement. If you opt to represent yourself, you could be inflicting irreparable damage on your case.

Qualities to Look for in a CA Workers’ Compensation Lawyer

Naturally, you shouldn’t just hire for the first workers’ comp lawyer that you come across. It’s important that you find someone who is both experienced and reliable and has a track record of winning impressive settlements for their clients. Alternatively, if you choose an attorney who is inexperienced or has a tendency to slack off, you could be sabotaging your claim.

Here are a few qualities you’ll need to look out for as you search for your California workers’ comp lawyer.

Your Attorney Should Be Honest and Upfront

If your lawyer is in any way dishonest with you, or if you’re otherwise unable to communicate with them, your claim will surely fall apart. Not only should you remain transparent with your lawyer, but they should also be returning the same courtesy to you. Before hiring a lawyer, make sure you’ve done the research and have a sense of their reputation.

Your Attorney Should Be Experienced

Although it might be a given that an experienced workers’ comp lawyer is going to offer better services, many individuals are still tempted to hire someone who lacks that experience. Generally, inexperienced attorneys are going to charge lower fees, which can seem appealing, especially if you’re already experiencing financial issues as a result of your injury. In the end, however, this will rarely be a cost-effective option. An inexperienced workers’ comp lawyer is unlikely to win you a substantial settlement.

Your Attorney Should Be Empathetic and Compassionate

Even if this is a variable you haven’t considered, empathy and compassion are essential to workers’ comp cases. Experiencing a work-related injury is typically an emotional experience, which can lead to serious distress for the affected party. If your attorney is unable to stay aware of this fact, your experience working with them will be far more strenuous.

Your Attorney Should Have a Strong Grasp on Medical Complexities

For your workers’ compensation attorney to effectively defend you in court, that lawyer will need to understand medical treatment procedures and how various medical complexities can impact your claim.

Can You File a Workers’ Comp Claim for Bad Faith?

Yes, it’s possible to file a claim against a workers’ comp insurance provider for bad faith. That said, not every frustrating situation can be considered “bad faith” should you take the issue to court.

If your insurance company fails to evaluate or deal with your claim in a reasonable way, then they are acting in bad faith. Nonetheless, this doesn’t mean that your insurance company is simply handling your claim in a manner that’s frustrating or undesirable. Rather, the decisions that your insurance provider makes must be outright improper for your bad faith claim to be successful.

A common example of bad faith would be an insurance company cutting an individual off from necessary medical care without reason. At this point, the provider is actively endangering the individual’s health and safety, so this would be considered a bad faith decision.

How Much Do Workers’ Comp Lawyers Charge in Los Angeles, CA?

In the state of California, workers’ compensation lawyers are paid on a contingency basis. Essentially, this means that, unless you’re able to receive settlement money, you won’t be obligated to pay legal fees. On the other hand, if you do receive any amount of compensation, you will be required to pay your attorney a specific percentage of that total.

The percentage you pay will depend on the individual lawyer you hire. Still, typically, this number will range from around 9% to 12%. If your workers’ comp case is more complex, you could be required to pay your attorney a contingency fee of around 15%. The simpler the claim, the lower the fee will likely be.

Following a work-related injury, you might not feel motivated to hire an attorney and pursue a workers’ comp claim. However, more often than not, this is going to be the best way to receive adequate compensation. In the long run, if you’re unable to pay for your medical expenses or lost wages, you’ll only be creating additional trouble for yourself and your recovery.

If you are seeking a workers’ compensation lawyer in the Los Angeles, California area, make sure to get in contact with the legal experts at Pratt Law Corporation. Our firm is dedicated to standing up for the injured, and we have extensive experience doing so. For more information or to schedule a consultation, consider contacting our firm via our website today.