California Workers' Compensation Law

Am I entitled to receive workers’ compensation benefits?

injury claimUnder the law, almost all employers in the state are required to carry workers’ compensation insurance. If a worker is injured on the job, or becomes ill due to job-related conditions, workers’ comp will pay for medical expenses, lost wages, and some other expenses, up to a certain level. Some valid claims are denied, or the amount in benefits paid is less than what should be due under the system. Workers’ compensation law is as complex as any government program, and it is advised that you obtain the help of a qualified workers’ compensation lawyer if you or your loved one has been seriously injured on the job.

The attorneys at Lloyd, Nielsen & Palfreyman, APC, have decades of experience getting favorable results for clients in pursuing workers’ compensation claims. Our deep understanding of and hands-on experience in this area of law has proven to be of great benefit to our clients who have suffered serious injuries or health conditions from job-related duties or activities. We know how a sudden accident or a progressive illness caused by work conditions can turn your life upside down. Not only may you be suffering physically, there is an emotional toll as well, and the problems associated with losing the ability to work and earn a paycheck. Our legal team serves the city of Santa Ana and neighboring cities, we stand up for you, aggressively pursuing the compensation you are due under the workers’ compensation system.

Workers’ Compensation Benefits

The benefits provided by workers’ compensation insurance include:

Workers Compensation - Medical Care
Medical care, including any necessary emergency medical care
Workers Compensation - Temporary Disability
Temporary Disability benefits, which pays for lost wages when you are temporarily unable to return to work, or you temporarily must work in a reduced capacity
Workers Compensation - Permanent Disability Benefits
Permanent Disability benefits, which pays for lost wages if you do not, and you are not expected to, fully recover
Workers Compensation -  Supplemental Job Displacement benefits
Supplemental Job Displacement benefits, which provides vouchers that pay for any retraining you may need due to an inability to recover and work for the same employer any longer
Workers Compensation - Death Benefits
Death benefits, which provide monetary compensation to the surviving spouse, children or other dependents if you are killed or a family member dies due to a job-related accident or illness

Do I need a lawyer for my workers’ compensation claim?

You should enlist the legal assistance of an experienced workers’ compensation lawyer for a variety of reasons. For example, the insurance company could deny your claim. Some of the more common reasons for denying a claim include, but are not limited to:

Workers Compensation Lawyer - Reason 1
You didn’t report the injury immediately. In the case of illness, which may have progressed over a period of time, you didn’t report it as soon as you knew or suspected it was work-related.
Workers Compensation Lawyer - Reason 2
Your employer didn’t contact the insurance company within one working day after receiving your claim form.
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Your employer disputes that your injury or illness was work-related, or not the result of an accident at work.
Workers10
Your injury or illness falls under the category of precluded conditions, such as certain stress-related illnesses, or an injury not covered because it is considered to be of a minor nature.
Workers11
A clerical error can result in a denied claim. An attorney can often get it corrected quickly, with your claim now being paid.
Workers12
Accusations that you have falsely reported an injury or illness. This can include allegations that you have been exaggerating an actual injury or symptoms of an illness.

When Your Claim is Denied

My Workers Compensation Claim Was DeniedIf your workers’ compensation claim is denied, we should get involved immediately. If your employer’s denial of benefits is unwarranted, we will aggressively contest the denial after gathering all the facts and evidence to support your claim. This can include interviewing any witnesses to your accident and obtaining a statement from a qualified medical professional about the seriousness of the injury or illness, and that the condition, accident or illness is, in fact, work-related.

Appealing a Claim

If the insurance company fails to approve the payment of worker’s compensation benefits, our attorney can appeal that decision. Strict deadlines must be met in pursuing an appeal. The proceedings are guided by rules of evidence and other civil procedures. Without an attorney who has experience and extensive knowledge of workers’ compensation law and procedures, your chances of success could be substantially reduced.

Third Party Claims

Our firm also handles third party workers’ compensation injury claims. In some cases, a person may have a legitimate injury claim, such as being hurt while driving the company car and getting in an accident. If the accident was caused by another driver’s negligence, there may be an additional separate legal claim apart from workers’ compensation. Other third party claims can involve mechanical failures, injuries that result from the shoddy work of a subcontractor, such as scaffolding collapses, and many other situations involving third parties other than your employer.

These are important matters to evaluate, as you could gain access to a far higher level of compensation if another party has contributed to your accident, injury or illness. Rather than hiring two different attorneys to represent you for these claims, we do it all for you. This has the tremendous advantage of greatly reducing the chance that important information will be lost between two unrelated law firms. Complexities arise when an injury involves both a workers’ compensation claim and a third party claim.

Gain help, support and peace of mind by contacting our firm when you’ve been injured on the job. We take the burden of handling the complexities of your claim off your shoulders so you can concentrate on recovering. Call us at 888-288-8888, or fill out our online form to schedule a free initial consultation and case evaluation.

Resources:

State of California, Dept. of Industrial Relations