Torrance Permanent Disability Workers’ Compensation Attorney

California law requires almost every employer to have workers’ compensation insurance, and this insurance acts as a legal shield for employers while providing an economic lifeline to injured workers. Whenever any type of workplace injury occurs, the victim has the right to file a claim for workers’ compensation benefits as long as they are covered by their employer’s insurance policy. A successful claim has the potential to yield full coverage of their medical costs along with ongoing disability benefits to offset the impact of their inability to work during recovery.

Compassionate Legal Counsel for Permanent Disability Claims in Torrance, CA, Workers’ Compensation Cases

While many injured workers in Torrance and surrounding communities are able to recover relatively fully through workers’ compensation insurance, this does not apply to every injured worker. Some, unfortunately, suffer life-changing injuries that impose various long-term medical complications and interfere with their ability to work and earn income. If this applies to your situation, you must know what to do to enhance your recovery and maximize the benefits you obtain. You could also have grounds to explore additional recovery options that you may not have initially realized were available.

Pratt Law Corporation offers comprehensive workers’ compensation representation to Torrance clients, and we have successfully helped many clients maximize their benefits. When you or a family member has been permanently disabled by a workplace injury, it is natural to wonder whether you can fully recover through a workers’ compensation claim and what to do if an employer and/or their insurance carrier interferes with your claim. Our firm can provide ongoing guidance through each stage of your recovery efforts to help you secure as much compensation as possible for your permanently disabling injury.

How to File Your Workers’ Compensation Claim in Torrance

Workers’ compensation is similar to most other types of insurance. However, if you must file a claim for workers’ compensation benefits, you face the additional complication of your employer’s role in the filing process. After an injury occurs at work in Torrance, your first concern should be seeking medical attention for your injury. You must also ensure that you have reported the injury to your employer.

Once an employer learns of a worker’s injury, they are required to document it in an incident report and provide the victim with the forms needed for them to file their workers’ compensation claim. However, not all employers meet these obligations, and some even attempt to interfere with injured workers’ claims. An employer pays a monthly premium to maintain their workers’ compensation insurance policy, and multiple claims from their employees could cause these premiums to increase. Unfortunately, this encourages some employers to engage in unethical or even illegal actions when handling injured workers’ claims for workplace injuries.

If your employer upholds their responsibilities, they will provide you with the materials you will need to file your claim to their insurance carrier. The insurance carrier may have additional requirements, such as an independent medical evaluation from a workers’ compensation physician. As part of your claim filing process, you may need to undergo this evaluation so the insurance company can determine your level of disability and the extent of benefits you are entitled to receive.

Understanding Disability Ratings in Workers’ Compensation Claims

When you must see a workers’ compensation physician for an evaluation, they will carefully review the scope and severe nature of the injury you sustained, assigning your case a disability rating from 1 to 100. The higher the number, the more disabled you are deemed to be, and this rating will be an important determining factor when it comes to the benefits you can claim from the insurer. If you do not agree with the physician’s assessment, your Torrance workers’ compensation attorney can arrange a second opinion. After completing this medical review, the insurance carrier will conduct a comprehensive review of your claim and deliver its benefits determination.

Benefits Available Through Workers’ Compensation

The purpose of workers’ compensation benefits is to cover an injured worker’s medical expenses and provide ongoing weekly benefits until they recover as fully as possible from their injury. Generally, a claimant can expect two forms of compensation from a successful claim:

1. The workers’ compensation insurance carrier will cover all medical expenses the claimant faces pertaining to their injuries. This includes immediate and future expenses if they will require ongoing rehabilitative care. If there is any dispute as to whether a specific treatment or therapy is covered, your attorney can address this issue on your behalf.
2. An injured worker will receive disability benefits based on their ability to work and earn income. If they can manage light duty during recovery, they may be able to receive partial disability benefits, and if they are fully disabled by their injury, they will likely receive total disability benefits until they can go back to work.

California law does not limit medical expense coverage through workers’ compensation, and most injured claimants can typically expect to receive full coverage for all treatment they need to recover. However, disability benefits are more variable.

When an injured claimant qualifies for partial disability benefits, they must report their income to the insurance company, and the insurer will base each benefit payment on the income the claimant can earn. Failure to meet these reporting requirements or reach maximum medical improvement will terminate benefit payments.

If the injured worker cannot work while they recover from their injury, the insurance company is likely to issue temporary total disability benefits. The claimant will receive a weekly payment equal to about 66% of their average wage for as many as 104 weeks. The claimant can elect to have these payments spread over five years if necessary. However, the claimant is likely to wonder what other recovery options they have when these disability benefits end if their workplace injury permanently disabled them.

Permanent Disability Rates for Injured Torrance Workers

Most injured workers in Torrance will only be able to receive temporary total disability benefits, and these payments will end once they can resume working. However, permanent disability benefits can be awarded if a claimant is not expected to ever make a full recovery. These are awarded rarely and follow the same general formula as temporary total disability benefits, but the claimant will receive about two-thirds of their average weekly income each week for the rest of their life.

Insurance companies tend to push back against permanent disability claims because they want to avoid these long-term obligations. Some insurance carriers will offer large lump sums as clinchers, attempting to coerce claimants into taking these large single payments in lieu of long-term payment plans. Other insurance companies will simply push back as hard as possible against permanent disability claims, sometimes asserting that a claimant’s injury is not severe enough to justify this level of benefits.

When you have an experienced Torrance workers’ compensation attorney representing you, you will be better prepared to address any such issues that arise with your claim. Your attorney can gather any evidence you will need to support your claim; they will also help you resolve any legal disputes that arise with your employer or their insurance carrier.

Exploring Alternative Recovery Options for Permanently Disabling Injuries in Torrance

Workers’ compensation insurance generally protects covered employers from civil liability for their employees’ injuries, but this does not apply to every case. You could have grounds to file a workers’ compensation claim through your employer and a civil claim against them if they intentionally injured you somehow. It’s more likely for you to have grounds for a civil suit against a third party.

If anyone outside of your work is directly responsible for causing your workplace injury, you can not only claim workers’ compensation benefits because the injury happened while you were working, but you could also file a personal injury claim against the third party to enhance your recovery. Success with this claim could yield a substantial amount of additional compensation, especially if you suffered any type of permanently disabling injury.

Workers’ compensation may provide coverage of your medical costs and some repayment of your lost income, but it will not compensate you for the suffering you endured. This is likely significant if you sustained a permanently disabling injury. When you have grounds for a third-party personal injury case, you could not only potentially secure compensation for the remainder of the lost income that workers’ compensation does not provide but also pain and suffering compensation. California law does not limit how much you can claim, and a permanently disabling injury would likely justify seeking a large amount of compensation for your non-economic damages.

It is understandable to be hesitant about consulting an attorney for your work injury claim due to the assumed high cost of legal counsel. However, this is no cause for alarm when you choose Pratt Law Corporation. We take work injury cases on contingency, meaning our client only pays a fee if and when we win their case, and their fee is a percentage of the total case award we win on their behalf. This billing policy allows you to approach your case with greater confidence. If you are ready to learn how our firm can empower your recovery and help secure the compensation you deserve for a permanently disabling work injury, contact us today and schedule your consultation with a Torrance workers’ compensation attorney.