Torrance Carpenter and Painter Accidents Lawyer

Virtually everyone faces risks at work, and it’s possible for anyone to develop a medical condition or sustain an injury, even in a seemingly safe workplace. Some face unique hazards because of their work, and many people work physically demanding jobs. For example, carpenters and painters are two types of professionals who provide essential services throughout the state. However, these lines of work are inherently dangerous for several reasons, and if you work or plan to work as a professional carpenter or painter in the Torrance area, you must acknowledge these risks and know what to do if you’re injured at work.

Helping Injured Carpenters and Painters Recover From Work-Related Injuries in Torrance

California law requires most employers in the state to carry workers’ compensation insurance. This type of insurance applies to most traditionally employed part-time and full-time employees. However, independent contractors, domestic care workers, and other exempt workers may only have access to workers’ compensation insurance if they have this stated in their work contracts. If you are unsure whether you are exempt from workers’ compensation insurance coverage, you should speak with a Torrance workplace injury attorney as soon as possible.

The initial aftermath of any workplace injury can be very difficult to understand, and the victim is likely to have many pressing legal questions while they contend with mounting economic strain from their experience. A serious injury can lead to expensive medical bills and a long recovery time, which in turn means the inability to work and loss of income. Any injured carpenter or painter can easily see their situation deteriorate very quickly if they do not have reliable legal counsel advising them.

Benefits of Hiring Your Torrance Workplace Injury Attorney

There are many independent sole proprietors offering professional carpentry and painting services in the state, but any employer providing these services by hiring carpenters and/or painters and assigning them to work is likely required to have workers’ compensation insurance coverage for these employees. Unfortunately, not all employers meet their legal obligations to their employees, and not all injured workers are fully aware of their rights after these experiences.

Hiring legal counsel you can trust can make every aspect of your recovery efforts much easier to manage and more likely to succeed. For example, you could have more options for recovery than just a workers’ compensation claim if someone intentionally caused your injury or you were harmed by a negligent third party. It may be technically possible to manage your recovery efforts without an attorney but doing so successfully is likely to be far more challenging than you expect.

When you hire an experienced Torrance workplace injury attorney to assist you with your recovery efforts, you will be able to focus on your recovery with the reassurance of knowing your workers’ compensation claim is in capable hands. Additionally, if you have grounds for further legal recourse outside of workers’ compensation, you will need an attorney’s assistance to maximize the results you reach in any type of civil claim for damages.

Pratt Williams offers every client an individualized legal strategy. First, our firm will listen to your story and learn exactly how your injury occurred. Next, we’ll ensure your employer has met its obligations under the state’s workers’ compensation statutes and address any disputes that may arise between you and your employer regarding your claim. Finally, when it comes to filing the claim itself, we will ensure all your forms are completed correctly and that the insurance carrier receives all necessary supporting documentation to streamline the benefits determination process.

Our goal in every case we accept is to maximize our client’s final recovery. If you suffered serious injuries while working as a carpenter or painter, we would ensure your employer’s insurance carrier offers a fair determination of benefits. We will also help you build a personal injury claim if you have grounds for further legal recourse after securing your workers’ compensation settlement. Ultimately, whatever your case may entail, Pratt Williams has the resources and experience necessary to provide the representation you need to approach your recovery with confidence and peace of mind.

Unique Risks for Carpenters in Torrance

Carpentry is a demanding field, and the best carpenters spend years learning and honing their craft. Unfortunately, carpentry is also inherently dangerous for many reasons. While workplace injuries can happen to anyone in any field, carpenters must be aware of the unique risks they face because of their line of work. Some of the most commonly reported carpentry-related work injuries include:

• Injuries from power tools. Carpenters often require the use of specialized machinery, and most types of power tools used to shape wood can easily cause traumatic injuries.
• Electrocutions. Injuries from exposure to electrical currents are common across all industries, especially those that pertain to construction. These injuries can cause severe burns, nerve damage, and cardiovascular complications.
• Lacerations and soft tissue damage. Saws, blades, and other tools used in carpentry can easily cause serious physical injuries when mishandled or when they break.
• Acquired injuries, such as repetitive motion injuries and soft tissue degeneration in overworked regions of the body. Carpenters have physically demanding jobs that can eventually result in very painful and disruptive repetitive stress injuries.
• Illness from chemical exposure. Treating and finishing carpentry often requires the use of lacquers, polyurethane-based varnishes, and various other substances that are hazardous to human health. Some such exposure can cause acute toxicity and illness, and some carpenters develop medical complications over time due to repeated exposure to these substances.

If you’re unsure whether your carpentry-related injury qualifies for workers’ compensation benefits, a Torrance workplace injury attorney is the ideal resource to consult. You also have a limited time in which to report your injury and file your claim for benefits, so seeking legal counsel as soon as possible after an injury at work is always best for maximizing the results of your recovery efforts.

Hazards Painters Face at Work in Torrance

Painters face many similar workplace hazards as carpenters and construction workers. However, anyone working as a professional painter must know the unique risks they face, such as:

• Injury from exposure to hazardous paints, thinners, and other substances that are necessary to complete their work.
• Falls, which are a leading cause of workplace injuries among painters in the state. Painters often require the use of ladders, scaffolds, and other equipment to paint large areas.
• Eye injuries. Even a small amount of paint in a painter’s eye can be extremely damaging, potentially resulting in blindness. While most painters wear appropriate eye protection while working, it is still possible for eye injuries to happen unexpectedly in various ways.
• Repetitive stress injuries. Painting with a brush, roller, or even a professional airbrushing system requires lots of repetitive movement. Over time, painters often develop soft tissue degeneration and other injuries from the repetitive stress they endure at work.

It is important for painters to remember that location does not necessarily matter when it comes to your eligibility to file a claim for an injury suffered while working. Most painters move from job site to job site, sometimes only spending a day or two working on a project. Therefore, it does not matter where your injury occurred as long as you were working when it happened for you to qualify to file a workers’ compensation claim.

Filing Your Workers Compensation Claim

The workers’ compensation claim process is similar to any other type of insurance claim process with the added complication of your employee-employer relationship. You file a workers’ compensation claim through your employer, and your employer has various legal obligations they must uphold in this process. Therefore, if you suffer any injury while working as a carpenter or painter, you should address your immediate medical needs and then report the injury to your employer as soon as possible. You have a limited time in which to file a workers’ compensation claim after an injury, and it is always best to file your claim as soon as possible.

A Torrance workplace injury attorney can streamline their client’s claim process substantially. Most workers’ compensation insurance carriers require claimants to undergo medical examinations from physicians it has approved, but an injured carpenter or painter can see any available doctor in an emergency. Once serious or life-threatening injuries have been treated, and the victim is stable, they will need to undergo a medical examination from a workers’ compensation physician who will assign them a disability rating.

The disability rating from your doctor, the incident report from your employer, and the medical report outlining the scope and severity of your experience will form the foundation of your workers’ compensation claim. Your attorney can ensure your claim form is complete with all necessary supporting information, and they can address any disputes that arise with the insurance carrier.

Once an insurance company receives a workers’ compensation claim, they are legally required to investigate the claim to verify its legitimacy. Unfortunately, insurance companies look for all the reasons they can find to justify reducing a claim settlement offer or denying a claim outright. A Torrance workplace injury attorney is the best asset to have on your side to prevent this from happening. Once an insurance company recognizes that a claimant has legal representation, they will be far less likely to engage in any unethical treatment of the claimant. Your attorney can also ensure your employer meets all their legal obligations in handling your injury.

Understanding Your Employer’s Obligations

Employers in the state are required to have workers’ compensation insurance and pay monthly premiums to their insurance carriers to maintain coverage. Insurance carriers base premium rates on a policyholder’s perceived level of risk for generating a claim. High-risk policyholders tend to pay more in premiums, but it’s possible for an employer to face increases in their premium rates after they have multiple employees file claims for workplace injuries.

Unfortunately, some employers attempt to discourage employees from filing workers’ compensation claims to avoid premium increases. Others go so far as to directly retaliate against these employees to avoid financial liability for their injuries. A Torrance workplace injury attorney will help you address any retaliation you experience, and they may also help you file a civil action against your employer if they do not have appropriate insurance coverage.

If your employer or a coworker directly caused your injury through intentional misconduct of any kind or malicious desire to harm you, your employer would likely lose their immunity to civil damages that would typically have under workers’ compensation law. It’s also possible to have grounds for a civil claim for damages against a third party if someone outside of your work directly caused your injury through negligence or misconduct of any kind.

Proving Fault in a Third-Party Personal Injury Case

While workers’ compensation statutes typically prevent employees from filing civil actions against their employers in response to injuries they suffer at work, there are exceptions to this, and many injured carpenters and painters have grounds to file third-party claims in addition to their workers’ compensation claims.

A third-party personal injury claim would be only an option if a third party outside of your work injured you while you were working. Since you were performing your job duties, this would qualify as a work injury and thus make you eligible to claim workers’ compensation benefits. However, since the injury happened from a third party’s negligence or misconduct, they do not have the same civil immunity your employer has, so you can file a civil claim against them seeking compensation for any losses that workers’ compensation won’t cover.

Pratt Williams has extensive professional experience with both personal injury claims and workers’ compensation claims. We know the challenges and opportunities you could face in your recovery efforts after a carpentry or painting-related workplace injury. If you have grounds to file a third-party personal injury claim, you could substantially improve your final recovery if you succeed with this civil action.

Benefits Available Through Workers’ Compensation

California law requires a workers’ compensation insurance policy to offer two forms of compensation to an eligible injured worker. First, the insurance carrier must cover any and all medical treatment costs the claimant incurs to fully heal from their injury as much as medically possible, manage their symptoms during recovery, and address any long-term or permanent medical complications resulting from their injury. Second, the insurance carrier must provide ongoing disability benefits to qualified claimants.

Medical expenses are typically easy to address in most workers’ compensation cases. For example, an injured carpenter or painter is likely able to expect their employer’s insurance carrier to cover any immediate emergency care they need, therapy, rehabilitation, and other ongoing treatments necessary for restoring lost functional capacity and any other treatments necessary for managing their condition.

Disability benefits are more flexible, and the disability rating a claimant receives from their workers’ compensation physician will strongly influence the outcome of their disability benefits determination. Most disability benefits are paid on a temporary basis until the claimant recovers enough to resume work at full earning power. When a claimant cannot work at all because of their injury, they can receive up to two-thirds of their average weekly wage until they can return to work. If they can work but only handle lower-paying work, they can receive partial disability benefits to make up the difference.

If you qualify for partial disability benefits, you must report your earnings and medical progress reports to the insurance carrier. If you fail to do so, this could terminate your benefits and/or lead to workers’ compensation fraud charges. If you qualify for total disability benefits, these will continue for up to two years for most claimants but can be extended over a five-year term if necessary. Although rare, it is possible for a severely injured worker to qualify for permanent disability benefits, but insurance carriers typically prefer large lump sum settlements instead of expansive, ongoing benefits arrangements for such cases.

Damages You Can Claim in a Personal Injury Case

A successful workers’ compensation claim can potentially yield full coverage for all the immediate and future medical care you require for your injury. Your claim can also yield compensation for lost income when you cannot work after your injury, but only to a point. At most, you can receive about two-thirds of the average weekly wages you earned prior to your injury in temporary disability benefits. However, workers’ compensation cannot fully compensate your lost income, nor will it provide any compensation for the pain and trauma you experienced.

A third-party personal injury claim or a civil suit against an employer who does not have workers’ compensation insurance can potentially yield compensation for all the losses they suffered because of the at-fault party’s negligence or misconduct. If they succeed with their workers’ compensation claim, their personal injury action can potentially secure compensation for the remaining portion of their lost income as well as compensation for their pain and suffering.

It may sound difficult to calculate things like physical pain and psychological trauma in economic terms, but an experienced Torrance workplace injury attorney can help you maximize this aspect of your recovery. There is no limit or cap on the amount of pain and suffering compensation you can claim in a personal injury case. If you suffered any permanent harm, the pain and suffering compensation your attorney helps you win might form the bulk of your total recovery.

What to Expect From a Torrance Workplace Injury Attorney

The right attorney can be a tremendous asset in every aspect of your recovery efforts. For example, if you are hurt while performing carpentry work or professional painting services in the Torrance area, it’s best to consult with an attorney you can trust with your case as soon as possible. Swift legal action is most likely to generate the results you hope to see, and an experienced attorney is an invaluable source of guidance throughout all phases of a workers’ compensation claim and subsequent personal injury action.

When you choose Pratt Williams to represent you after suffering an injury related to carpentry or painting in the Torrance area, we will carefully review your employer’s insurance coverage and the incident report for your injury and listen to your accounting of the events leading to your injury. Our team will verify your eligibility to file a claim for workers’ compensation benefits, guide you through the claim process, and help you secure maximum compensation for the injury you suffered.

If you can file a third-party personal injury action or a civil claim against your employer, we can also help with this. Our firm has extensive experience in personal injury law, and we have helped many past clients secure better results in their personal injury cases than they initially expected. Our goal for every client we represent is to help them recover as fully as state law allows.

Pratt Williams will streamline your claim process and address any disputes that may arise between you and your employer’s workers’ compensation insurance carrier regarding your injury. If you have any issues with your workers’ compensation doctor’s assessment of your condition and/or you need a second medical opinion, we will help you clearly establish the full scope and severity of the injury you suffered to ensure a fair determination of benefits. When our client has grounds to file a personal injury action in tandem with their workers’ compensation claim, we strive to build the client’s complaint and begin initial civil court filings as quickly as possible to ensure the best possible chances of success with our client’s claim.

If you have suffered any injury at work as a carpenter or painter in the state, it’s understandable to have lots of legal questions about how you can recover from this and whether you need to hire legal counsel to help you recover. However, do not make the mistake of thinking you can reach the best outcome possible on your own. When you have a Torrance workplace injury attorney representing you in your recovery efforts, you are far more likely to maximize the results you reach.

Q: How Do I Know If I Qualify to File for Workers’ Compensation Benefits?

A: Almost all workers in the state are covered by their employers’ workers’ compensation insurance policies, and employers face strict requirements when it comes to classifying their workers. If you are an independent contractor, then you may not have workers’ compensation insurance coverage through an employer unless your contract stipulates that you do. However, if you are traditionally employed as a carpenter or painter for any employer, you are likely eligible to file a claim for workers’ compensation benefits after a workplace injury.

Q: What Should I Do First After an Injury at Work?

A: Your personal well-being and safety should be your main concerns after a workplace injury. If you are seriously injured, you should seek emergency medical care immediately. If your injury is manageable, report it to your supervisor, and they will give you a list of local workers’ compensation physicians you can visit for treatment and examination. If you need emergency care, you can see any available doctor, but you will likely need to undergo a formal examination from a workers’ compensation physician before you can file your claim.

Q: How Much Can I Receive in Disability Benefits?

A: State law generally requires a workers’ compensation insurance policy to provide up to two-thirds of a claimant’s average weekly wage in temporary disability benefits while they recover. Additionally, workers’ compensation will cover all their medical treatment costs. If you’re unsure how much you could receive in disability benefits, it’s a good idea to consult an experienced Torrance workplace injury attorney for an estimate of your claim’s potential value.

Q: How Much Does It Cost to Hire Legal Representation for a Workers’ Compensation Claim?

A: State law limits how much an attorney can charge a client for workers’ compensation. Most legal representation agreements made regarding workplace injury claims function on a contingency basis, meaning the attorney collects a percentage of the final case award, but only if they win the case for the client.

Q: Is It Really Necessary to Hire a Torrance Workplace Injury Attorney?

A: Technically, no, there is no legal requirement that you hire legal counsel to help you recover from your recent injury at work. However, you are far more likely to succeed with all of your recovery efforts when you have an experienced attorney representing you. Even after accounting for their fee, the right attorney can substantially improve the final compensation you recover. This is especially true when you have grounds for further legal recourse beyond your workers’ compensation claim, such as a third-party personal injury action against whoever injured you.

The team at Pratt Williams has successfully handled numerous workplace injury claims for clients in Torrance and throughout the surrounding communities. We have helped many carpenters, painters, and other professionals recover from their injuries sustained at work, and we can put this experience to work in your case. If you’re ready to speak with a Torrance workplace injury attorney about your impending recovery efforts, contact Pratt Williams today and schedule your case evaluation with our team.