Torrance Workplace Back Injury Attorney
As the daily grind grinds on, the risk of workplace back injuries looms large. From hunching over desks to lifting heavy equipment, the demands of the job can take a toll on our bodies. But just as a faulty machine can be repaired sometimes, so too can our aching backs. And any damage done to them should not remain unaddressed.
At Pratt Law Corporation, our Torrance workplace back injury lawyers have the experience and knowledge to address your situation properly. We understand the complexities of filing a workers’ compensation claim and can help guide you through the process to ensure that you receive an appropriate legal settlement. We also understand that many workplace back injury victims are hesitant to pursue legal action, but we are here to help. With each client, we strive to provide compassionate and knowledgeable legal representation that restores peace of mind and helps you move forward with your life. So, connect with us today for more information and to get started with your workplace back injury and personal injury case.
What Are the Most Common Reasons People Face Back Injuries at Work?
The most common reasons for people to face back injuries at work include the following:
- Lifting or moving heavy objects. This can include items such as boxes, furniture, or equipment. The repetitive motions and heavy load can hurt the back muscles, leading to injuries such as strains or herniated discs.
- Repetitive motions such as bending or twisting. Many jobs require repetitive motions that can stress the back, such as assembly line work or stocking shelves. This can lead to injuries such as muscle strains or degenerative conditions like osteoarthritis.
- Sitting or standing in one position for long periods. Sitting or standing for extended periods can lead to poor posture and muscle fatigue. This can cause conditions such as lower back pain and sciatica.
- Operating machinery or equipment. Many jobs involve operating heavy machinery, which can lead to back injuries if not used correctly or if the operator is not trained.
- Slips, trips, and falls. These accidents can cause sudden impacts on the back, resulting in injuries such as sprains or fractures.
- Poor posture or ergonomics. Sitting or standing in a poor position for extended periods can lead to back pain, neck pain, and muscle fatigue.
- Stress or tension. Emotional or psychological stress can lead to muscle tension, which can result in back pain, headaches, and muscle fatigue.
- Overexertion or fatigue. Doing too much physical activity or working without rest can lead to muscle fatigue and injury.
It’s also worth noting that certain jobs in health care, manufacturing, and on a construction site tend to have a higher risk of back injuries due to the nature of the work. These industries may have heavy lifting, repetitive motions, and other risk factors that can contribute to back injuries.
What Is Workers’ Compensation?
Workers’ compensation is an insurance offering that provides financial and medical support to employees with injuries or who become ill due to their job. The system varies by state. Typically, employers must have workers’ compensation insurance to cover their employees.
When an employee is injured or becomes ill due to their job, they can file a claim with their employer’s workers’ compensation insurance. The insurance will then provide financial benefits to cover the employee’s medical expenses, lost wages, and other related costs. In addition, the employee may also be eligible for vocational rehabilitation to help them return to work if they are unable to perform their previous job due to injury or illness.
To start a claim, the employee must notify their employer of the injury or illness and then file a claim with California’s workers’ compensation program. The employer is responsible for providing the necessary information to the insurance company and then filing a claim form with the state agency. It’s then up to the insurance company to approve or deny the claim based on the information it receives.
If the claim is approved, the Torrance employee will be eligible for benefits such as medical bills, lost wages, and other related costs. The employee will also be eligible for vocational rehabilitation to help them return to work if they are unable to perform their previous job due to the injury or illness. If the claim is denied, the employee can appeal the decision or file a lawsuit against their employer.
What Are the Benefits of Workers’ Compensation?
- Medical expenses. Workers’ compensation will cover the medical treatment costs, including doctor visits, hospital stays, physical therapy, and prescription medication.
- Lost wages. If an employee cannot work due to an injury or illness, they may be eligible for benefits to replace a portion of their lost income.
- Permanent disability. If an employee cannot return to work due to a permanent disability caused by an injury or illness, they may be eligible for benefits to compensate for the loss of earning capacity.
- Death benefits. If an employee passes away as a result of a job-related injury or illness, their dependents may be eligible for death benefits to cover funeral expenses and provide ongoing financial support.
- Vocational rehabilitation. If an employee cannot return to work in Torrance due to an injury or illness, they may be eligible for vocational rehabilitation services to help them return to work in a different capacity.
- No-fault system. Workers’ compensation is a no-fault system, which means that the employee does not need to prove that the employer was at fault for the injury or illness.
What to Do if Your Workers’ Comp Claim Is Denied
- Review the denial letter. The letter should explain the reason for the denial and what evidence or information is missing. Make sure to understand the reason for the denial and gather any additional information or evidence that may be needed to support your claim.
- File an appeal. Most states have an appeals process for denied workers’ compensation claims. You will need to submit your appeal within a certain time, usually a few weeks, so it’s important to act quickly.
- Get a lawyer. Consider consulting with a workers’ compensation lawyer who will help you navigate the appeals process, gather additional evidence, and represent you in front of the workers’ compensation board.
- Gather additional evidence. If your claim was denied due to a lack of evidence, consider collecting additional documents, such as medical records, witness statements, or expert opinions, to support your claim.
- Attend a hearing. If your appeal is denied, you may have the opportunity to attend a hearing where you can present your case in front of a judge.
- Seek legal help. If your case is denied after the hearing, you may be able to file a lawsuit in civil court. But it’s best to seek legal help from a lawyer who specializes in workers’ compensation cases.
When Should I Hire a Workers’ Comp Benefits Attorney?
You may want to consider hiring a workers’ compensation benefits attorney if:
- Your claim has been denied. A workers’ compensation attorney will help you understand the reasons for the denial, gather additional evidence to support your claim, and guide you through the appeals process.
- Your employer or insurance company is not cooperating. An attorney will help you navigate any issues with your employer or insurance company, such as delays or denials of benefits.
- You have a complicated case. If your workplace injury or illness is complex or if you have pre-existing conditions that may affect your claim, an attorney in Torrance will help you present your case and ensure all relevant information is considered.
- Your benefits are being terminated or reduced. An attorney will help you understand the reasons for the termination or reduction and guide you through the process of appealing the decision.
- You are unsure about the benefits you are entitled to. An attorney will help you understand the benefits you may be eligible for and ensure that you receive all the benefits to which you are entitled.
- You are facing a lawsuit from your employer. If your employer is trying to sue you for compensation, an attorney will help defend your rights and represent you in court.
What Percentage Does a Workers’ Comp Attorney Get for a Workplace Injury?
In California, workers’ compensation lawyers are typically entitled to a fee equivalent to 10% to 25% of the total benefits awarded. If a settlement is reached without having to go to trial, the fee is typically lower, around 10%. However, if a trial is necessary, the fee may be as high as 25%.
The exact fee amount will depend on the lawyer’s experience and the case’s complexity. It is important to discuss fees with your lawyer in advance to ensure that you are comfortable with the agreement.
You should also be aware that most workers’ comp lawyers will not charge a fee unless they successfully obtain benefits for you. This is known as a contingent fee, and it ensures that the lawyer only gets paid if you get the compensation you are entitled to.
Contact Pratt Law Corporation Today
If you were injured in the workplace, you must consult with an experienced Torrance personal injury attorney as soon as possible. At Pratt Law Corporation, we have the knowledge and experience necessary to help you get the benefits to which you are entitled. Our team of skilled Torrance personal injury attorneys will review your case, advise you of your legal rights, guide you through the appeals process, and represent you in court if necessary. Contact us today to learn more about how we can help.