In California, like in other jurisdictions, employees who sustain an accidental injury at work or while carrying out off-site activities for their employer are eligible to file a claim for compensation with their workers compensation insurance carrier which the state requires employers to provide.
However, even if your claim is legitimate and you have a basic understanding of how California's workers compensation system functions, the actual facts of which rules apply to various injury types, how to file your claim, and how to navigate the entire process until you receive your claim can be very complicated.
Call Barrios & Machado at (714) 515-9696 right away if you have a lot of questions about workers' compensation after being hurt at work.
How You Can Benefit from Workers Compensation
You may be eligible for benefits under California's workers compensation laws if you have sustained on-the-job injuries and are experiencing physical, emotional, or financial suffering as a result.
Employees who suffer work-related injuries can get financial and medical benefits through the workers compensation system. As a form of adjustment, employers provide employees with this insurance to prevent them from suing them or their coworkers for negligence that resulted in a work-related injury. This system is referred to as "no fault." In most situations, the California workers' compensation system can be highly beneficial following an accident.
The work comp system is the only way injured workers may get the necessary medical care and financial benefits after being hurt on the job. Your employer's insurance provider may cover a variety of expenses if you suffer an injury at work, including:
- medical expenses
- income lost as a result of absence from work
- pain and suffering
- further medical treatment in the future
Concerning Workplace Accidents in Orange County
Hazards can exist in practically every industry, whether it be loose flooring in the office or Orange County traffic for delivery people. Like every other state, California has a workers' compensation program that pays benefits to injured employees without asking for proof of negligence. This program will provide indemnity to workers who sustain on-the-job injuries like:
- wrongful death
- falling from a high place
- overexertion/muscle strain injuries
- trips, falls, and slips
- vehicle collisions
- diseases and injuries caused by harmful substances
- exposure to sounds that can result in hearing impairment
- hurt by falling objects
- violence or assaults (on-site or off-site)
- getting caught in machinery
- animal bites
The intimidating and complex California work comp system unsettles a lot of injured workers. They may not be receiving the advantages that are due to them under the law due to this misunderstanding.
The worst thing is that while very few wounded workers are familiar with the regulations, many employers and the work comp insurance companies that represent them are making injured workers more susceptible to underhanded insurance company practices.
Common Techniques for Avoiding Workers Compensation Payments
Unjustified termination. To avoid having to pay workers' compensation, some businesses may attempt to terminate an injured worker. After a workplace accident, companies are permitted to fire employees for valid reasons, but they cannot fire an employee to avoid paying workers' compensation. Consider having a non-company doctor to evaluate you, and pay attention to anything that seems unusual or abnormal. For example, if your company pays partial disability for your recovery but fires you for your extended absence, you should consult with a lawyer as promptly as possible.
Employee classified as an independent contractor. Many workers are falsely classified as independent contractors so that their employers won't have to provide workers' compensation. A lawyer can assist you in determining which category you legally fit under if you believe you have been incorrectly categorized as an independent contractor. You are eligible for workers' compensation payments if you are an employee.
Urging workers to visit a company physician. Any clinic or doctor connected to your business might not give you the right diagnosis. Their record could not only keep you from getting the settlement you deserve, but they might also keep you from making a full recovery. If you think your injury has been falsely represented, always get a second opinion from a different doctor.
Suggesting that employees use options other than workers' compensation. Watch out for employers who urge you to use your sick leave or group insurance to take care of your injury requirements. Your sick leave as well as your medical costs will be covered by workers' compensation benefits as an employee. You are not required to pay for those expenses out of your personal perks and insurance.
Deliberately misquoting recorded statements. Sometimes a workers' compensation claims adjuster will attempt to reduce the claim amount by using statements made by an employee while they are in the hospital or under the influence of medication. These are not admissible statements to be used in a claim. If you believe your compensation claim downplays the severity of your injury, respond right away.
Workers Comp Fraud
Unfortunately, a common issue in workers' compensation proceedings is that many insurance companies contest claims from injured workers because of fraud. Workers' compensation fraud frequently takes the form of fabricated ailments or attributing past accidents to present workplace conditions in order to receive a significant financial reward.
Because of this systemic exploitation, workers' compensation insurance companies are more cautious and stringent when handling claims. However, if you are not a part of a bogus claim and believe that you are being treated unfairly by the insurance provider, hiring a skilled workers compensation lawyer in Orange County to help you navigate the difficult process of resolving your work comp claim is the best approach to deal with them.
Why You Need to Speak with a Workers Compensation Attorney in Orange County
When it comes to workers' compensation, employers don't always adhere to the law in its entirety. Even though it is against the law for them to do so, they might attempt to convince you not to submit a claim. Even worse, while you're on medical leave, they might try to replace you.
At Barrios & Machado, we are aware that numerous professions place workers at grave danger of suffering an unexpected illness or injury as a result of everyday stress, repetitive movements, and various workplace hazards. In order to relieve the financial strain that may currently be bearing down on you as a result of a work-related accident, we stand ready to help you secure your legal workers compensation payments. We'll make sure your employers follow the law and expedite the claims procedure for you.
Contact a workers compensation lawyer in Southern California
Our top-notch workers compensation attorneys will always vigorously and ethically defend your rights whether you have been hurt at work or even if you have caught the coronavirus while working, ensuring that you get the highest amount permitted by the law.
Call Barrios & Machado (714) 515-9696 right away to arrange a no-risk, no-charge consultation about your work injury claim.