California upholds some of the most expansive workers’ compensation requirements in the country. In fact, almost every employer in the state is required to have workers’ compensation insurance. This insurance comes into play whenever an employee sustains an injury while performing their job duties, helping to pay for their medical expenses and offset the financial impact of their inability to work during recovery.
Many people injured at work wonder whether they have grounds to sue their employers for their workplace injuries. In most cases, workers’ compensation insurance protects employers from civil lawsuits filed by injured workers. However, this rule has exceptions, and it is also possible for an injured worker to have grounds for a personal injury claim against a third party outside of their workplace.
Filing a Workers’ Compensation Claim in Long Beach
If you suffer an injury at work, you must notify your employer immediately and start the workers’ compensation claim filing process as soon as possible. Any delay could cast doubt on your claim’s legitimacy and force you to wait longer to receive your benefits. When you have an experienced attorney assisting you, they can help meet your claim filing deadline and shorten the time it takes you to receive the benefits you need to recover.
A successful workers’ compensation claim can yield full compensation for all the medical expenses you face for a workplace injury. Your employer’s insurance carrier will pay for immediate and future medical expenses so you can reach maximum medical recovery from your injury. You can also receive weekly disability benefits during the time you are unable to work.
Building a Personal Injury Case in Long Beach
When one party harms another party through negligence or willful misconduct, this can form the basis of a personal injury case. The plaintiff in a personal injury case has the right to seek full repayment of their economic damages and their pain and suffering. If you were injured by any other party’s actions while you were not working, you cannot file a workers’ compensation claim, but you can file a personal injury suit against the at-fault party. If you are injured at work, you typically cannot file a personal injury claim unless the party who caused your injury was someone outside of your workplace or if a coworker or employer directly caused the injury through some intentional action.
The objective of a personal injury claim is for the victim to recover the compensation they need to fully recover. The damages available in a personal injury suit are more expansive than the compensation you could potentially secure from a workers’ compensation claim. However, there are some situations in which an injured employee has the right to file both a workers’ compensation claim and a personal injury claim.
Working with an experienced Long Beach workers’ compensation attorney offers the greatest chance of maximizing your recovery from a workplace injury. Your workers’ compensation claim could yield compensation for medical expenses and part of the income you lost after the injury, while your personal injury suit can help claim compensation for all the damages that workers’ compensation won’t cover. Success with both of these claims will be difficult, but the right attorney can streamline your recovery efforts and help secure the maximum compensation possible for your injury.
FAQs
Q: Can I File a Workers’ Compensation Claim and a Personal Injury Claim for the Same Injury in Long Beach?
A: Generally, an injured worker cannot sue their employer for a workplace injury if the employer has workers’ compensation insurance. However, if they do not, or if the employer intentionally caused the injury, the victim would have grounds for a civil suit. Alternatively, if a third party caused the injury, the victim can file a workers’ compensation claim because it happened at work, but they could also file a civil suit against the third party who caused the injury.
Q: How Long Can You Be on Workers’ Compensation?
A: Most injured workers who are unable to work because of their injuries can qualify to continue receiving weekly disability benefits for up to 104 weeks. However, if they remain unable to work after this time, they may qualify for an extension of their benefits. Hiring an experienced workers’ compensation attorney offers the greatest chance of maximizing your total disability benefits.
Q: Who Pays for Workers’ Compensation?
A: Workers’ compensation benefits function on an insurance policy basis. Almost every employer in the state is legally required to have workers’ compensation insurance, and an employer pays a monthly premium to maintain this coverage. When an injured worker files a claim, the insurance carrier will pay for their benefits.
Q: Why Do I Need to Hire a Workers’ Compensation Attorney?
A: You are not strictly required to hire legal counsel for your workers’ compensation claim, but you are far more likely to maximize your benefits with an attorney’s assistance. Your attorney can handle the complex legal issues your case may entail and confront your employer’s insurance carrier on your behalf so you can focus on your medical needs and recovery.
Q: How Much Does a Workers’ Compensation Attorney Charge a Client?
A: If you hire Pratt Law Corporation to handle your workers’ compensation case, you do not need to worry about your legal fees amounting to more than you recover from a successful claim. We take these cases on a contingency fee basis, meaning you will only pay for legal fees if and when we secure compensation on your behalf. Your fee is a percentage of your settlement, and you owe nothing if we lose your case.
Long Beach Workers’ Compensation Lawyer
An experienced legal team is an invaluable asset for whatever your work injury case entails. Whether you believe you can fully recover the benefits you deserve through workers’ compensation alone or you think you have grounds for additional legal action, we can help. Contact Pratt Law Corporation today and schedule your free consultation with an experienced Long Beach workers’ compensation attorney you can trust.
