Rancho Palos Verdes Workers’ Compensation Attorney

Unless you work in a particularly dangerous industry, you likely do not anticipate getting hurt when you go to work. However, workplace injuries occur every day in a variety of industries, job titles, and professions. You are at risk for a workplace injury, regardless of where you work.

It is important to understand your rights and options as an injured employee. Workers’ compensation is one such right if you are a worker in the state of California. The state requires all businesses to have workers’ compensation insurance. This helps preserve the safety of all employees and employers in the state.

California’s laws surrounding workers’ compensation are comprehensive. However, filing a workers’ compensation claim can still be very complicated. If you have been hurt at work, it is important to hire a workers’ comp lawyer to help with your claim. Our team at Pratt Law Corporation offers a wide range of workers’ compensation services to the employees of Rancho Palos Verdes, California.

Pratt Law Corporation: Lawyers for Your Workers’ Compensation Case

Our team of expert attorneys has been providing legal services for workers’ compensation claims for many years. We have seen cases of many different kinds and severity levels. This has given us a wide range of experience and knowledge in this industry. Our background helps us develop strong arguments for all our clients.

Although we have a significant amount of experience, our arguments are always tailored to each client’s unique circumstances. We take the time to understand your situation. This allows us to understand the ways in which the specific factors of your case can benefit your workers’ compensation claim.

We are tenacious in our pursuit of justice for our clients. We can fight diligently for your rights and work harder for you than any other firm in Rancho Palos Verdes. Although we can be ruthless in the courtroom, we understand that you are in a vulnerable situation. You can trust us with your experiences and story. Our firm can offer patience, understanding, and empathy in our one-on-one meetings with you.

No other firm in Rancho Palos Verdes can give you the experienced legal advice that we can. Trust Pratt Law Corporation with your workers’ compensation claim.

What Is a Workers’ Compensation Claim?

Workers’ compensation is a type of insurance similar to home or auto insurance. Every month, an employer pays a premium to the insurance company. In return, the insurance company should pay for any accidents or injuries that occur in the workplace. This system is meant to benefit both employers and employees. It ensures that neither party must pay for the damages if there is an accident.

California law requires that all employers with one or more employees have workers’ compensation insurance. In return, an employee cannot open a personal injury claim against their employer if they get harmed at work. In that situation, the insurance should cover all the costs.

A workers’ compensation claim settlement should cover expenses associated with the accident, including:

• Medical bills
• Lost income
• Vocational retraining if the employee is unable to perform their job duties
• Temporary and permanent disability benefits
• Death benefits if the employee passes away from their injuries

There may be other costs covered by the workers’ compensation insurance, depending on your situation.

Insurance Companies and Workers’ Comp

Because of the comprehensive California laws surrounding workers’ compensation, employers will not prevent or discourage their employees from filing a claim. However, many employees face difficulties when they engage with insurance companies. Although these businesses are intended to help people, in most cases they are concerned with their profits and bottom line. They will go to great lengths to avoid paying for a workplace accident, even when they should.

The primary tactic that most insurance companies use is to attempt to get victims to claim fault over the phone. They will harass you for a statement and imply that you must give them one within a certain timeframe. This is not necessary, but they will make it seem as though you are breaking the law if you do not speak with them.

Once they get you on the phone, they record your conversation and ask leading questions to get you to admit fault. These questions are often confusing and can make most people inadvertently claim responsibility for their injuries. Once this is done, they have all the proof they need to avoid paying for your accident.

In some cases, they also send a private investigator to follow the victims. The purpose of this is to try and catch someone doing something that is out of line with their injury claim. For example, you have a broken leg, and they see you at the park playing with your children. They can use this as evidence that your injury is not as bad as you claim. They may also accuse you of lying about your injury. Their attorneys will twist any information they can to fit their argument that they should not have to pay.

Hiring a Workers Compensation Attorney

There are many reasons to hire an employment lawyer when going through a workers’ compensation claim. We can work with insurance companies on your behalf. Because we have significant experience in this field, we know how to identify and avoid their leading questions. This protects your case and helps to end the harassing calls that insurance companies often make. When you have an attorney, you can send the insurance company to your lawyer for your statement.

Attorneys are also helpful throughout the workers’ compensation claim. There is often a significant amount of paperwork that needs to be completed. Understanding and filling out these documents can be difficult if you are not trained in legal jargon. We can help you with this and ensure that you have completed and submitted all forms correctly and on time.

Finally, we can assist you with any additional claims for which you may be eligible. Workers’ compensation claims may accompany personal injury or wrongful death cases. Having an attorney to help with the entire process is extremely valuable.

Common Workplace Accidents

Workplace accidents vary depending on the industry and facility. However, there are certain types of accidents that are common in American workplaces. They include:

• Slip, trip, and fall accidents
• Machinery malfunction
• Explosions
• Fires
• Exposure to toxic chemicals or materials

If you have been in one of the above accidents, you may be eligible for workers’ compensation.

Potential Injuries in a Workplace Accident

The exact type of injury that you sustain will depend upon your circumstances and accident. However, certain injuries are more common than others in workplace settings. Injuries to watch for include:

• Traumatic brain injuries, including concussions
• Back injuries
• Spinal cord injuries, including paralysis
• Broken bones
• Lacerations
• Burns
• Repetitive motion injuries such as carpal tunnel

This is not an exhaustive list of the injuries that can be covered by workers’ compensation insurance. If you have been hurt in the workplace, you should immediately file a claim with the help of an attorney.

What to Do After a Workplace Injury

If you are involved in a workplace accident, it can be helpful to know what to do. Being prepared helps you preserve your case and act quickly.

After a workplace accident, you should:

• Check yourself for injuries. If you are severely hurt, cannot feel parts of your body, or are losing consciousness, do not do anything until medical professionals arrive.
• If possible, begin to take photos and videos of your injuries and the accident scene. Include any broken machinery, tripping hazards, or other elements that may have been involved in your injury.
• Take note of the coworkers or other people who may have seen the accident. They may need to act as witnesses if there is a trial or court case.
• Seek medical care, and retain all your doctor’s notes and records from your visits.
• Call your lawyer.

Do not sign any paperwork or speak to any insurance adjusters until you can speak with your attorney. With the help of your lawyer, you can develop a plan for how to navigate the next steps of your case. If you need to make a statement, stick to the facts. Do not elaborate or add any emotions or extraneous information.

Personal Injury Cases and Workers’ Compensation

Having workers’ compensation insurance protects employers from facing personal injury claims. However, you may still be able to file a personal injury claim if a third party was responsible for your injury. If a coworker, vendor, customer, or other person was responsible or even partially responsible for the accident or your injuries, you could file a personal injury claim against them.

Personal injury claims only work if the responsible party acted negligently when they caused the injury or accident. Negligence occurs any time a person neglects their responsibilities or breaks the law. For example, if your coworker fails to run an equipment safety check every day as they are supposed to, they are neglecting their job. If this neglect leads to an injury, you can file a personal injury claim against your coworker.

A personal injury claim can help earn additional financial support for you and your family during this time.

Wrongful Death

Unfortunately, employees do not always survive workplace accidents. In these situations, the family can collect death benefits through workers’ compensation. However, just as in personal injury scenarios, if a third party’s negligence contributed to the employee’s death, the deceased’s family has further options.

A wrongful death claim is similar to a personal injury claim. However, it is filed by the deceased’s family rather than an injured worker. The settlement from these cases cannot undo the pain and suffering that the family is enduring. Nevertheless, it can help cover expenses while the family grieves the death of their loved one.

The Cost of Hiring an Attorney

It is important to understand your financial responsibility when you hire an attorney for a workers’ compensation case. Many attorneys and law firms charge different rates based on their experience, training in the field, and reputation. You may also have to pay more if your case is particularly complicated.

For workers’ compensation claims, a judge will assess how much the attorney is allowed to take from the settlement amount. Generally, this is either 10%, 12%, or 15%, depending on the complexity of the claim. In personal injury claims, a judge does not have control over an attorney’s rates. 33% is the average percentage that an attorney takes from a personal injury settlement.

If you are hiring an attorney, it is essential to discuss their fees before you sign any paperwork or officially pay a retainer. This helps to ensure that you can afford your lawyer for the duration of your case. It also prevents you from facing unexpected expenses at the end of your case. Asking your attorney about their fees can also alert you to any benefits that certain law firms offer. For example, some law firms will not charge their clients if they lose.

Will Workers’ Compensation Pay for Pain and Suffering?

Most injuries involve pain and suffering of some kind. However, it is rare that workers’ compensation or personal injury claims include pain and suffering compensation in the final payout. This kind of compensation is reserved for situations in which the responsible party was particularly negligent or acted extremely maliciously. Usually, this is not the case in workplace accidents.

It is always worth discussing pain and suffering with your attorney. However, you should understand that it is rarely awarded unless the situation is particularly shocking.

Finding the right attorney for your workers’ compensation claim can be difficult. Fortunately, our expert attorneys have many years of experience. We offer high-quality legal counsel for the people of Rancho Palos Verdes. Regardless of the type of injury you have sustained or the industry you work in, we are confident that we can build a strong and compelling case in your favor.

To learn more about our services, schedule a consultation by contacting Pratt Law Corporation online today.