2024 When to Hire a Workers Comp Lawyer in California?

If you were injured at work, you might be in pain or under a lot of stress regarding your situation, from your workers’ compensation claim to unpaid bills. Workers’ compensation is important in recovering lost wages, so you can continue to support your family, but navigating the system amid everything else is oftentimes too much for most people to handle by themselves. If this situation sounds familiar, don’t hesitate anymore to contact a Workers’ Compensation Lawyer in Los Angeles, CA, to get advice and help on your case.

What Does a Workers’ Compensation Attorney Do?

If you are unclear on what a workers’ compensation attorney does, they serve as a resource to explain the complicated laws and guide you through the system of workers’ compensation. They also serve as a liaison between you and the insurance adjustor, assist in filling out paperwork and filing required documents with the court by the appropriate deadlines, and optimize your chances of getting the medical treatment you are entitled to.

Reasons to Hire A Los Angeles Workers’ Comp Lawyer

Regardless of what stage your case is in, a workers’ compensation lawyer can be an invaluable asset to your case for many reasons. It’s never too late to call for help. Below are some signs that it might be time to seek legal advice.

• Your Employer Is Not Cooperating – Employers, by law, have to comply with the required steps for filing workers’ compensation. If they are not fulfilling their obligation in a timely manner or not acknowledging your injury occurred at your place of work, they can prevent you from meeting the necessary deadlines to file your application. An attorney can step in and get the ball rolling, ensuring your employer follows through with their part or faces the consequences for not doing so.
• You Do Not Understand the Workers’ Compensation System or Application Process – State laws make understanding the system for workers’ comp difficult to wrap your head around. An experienced workers’ comp attorney is well-versed in these laws and can offer a broader understanding of the bigger picture, which can help you understand your short- and long-term goals within your case and ultimately get the benefits you deserve.
• You Were Improperly Diagnosed – An accurate diagnosis of your injury and related illness is crucial in obtaining the benefits you rightfully deserve. Following the protocol is also important, whether it means seeing the doctor the state assigned you to or just simply working with the physician to get a proper diagnosis. These are things a workers’ comp lawyer can help with and ensure they are carried out properly and appropriately to the advantage of your case and the culmination of it.
• Your Benefits Are Less Than Were Expected – Many times, workers’ compensation insurance benefits are not the amount the injured worker had planned for. Your chances of optimizing your benefits are better when you have a qualified attorney representing you. An attorney knows how to litigate in court to get a higher payment if necessary.
• Your Claim Was Denied – When someone has already suffered a blow from their workplace injury, getting a workers’ comp claim denied just knocks their morale even further down. A denial of benefits is not the end of the road, though. An attorney who focuses on workers’ comp case appeals can take you through the process of applying for an appeal, coming to an agreement with the claims adjuster, or going to trial if absolutely necessary.
• You Want to Apply for Disability Benefits – If you cannot go back to work due to your work-related injury or illness, you should consider applying for Social Security Disability Insurance (SSDI). You could obtain up to $3,600 per month according to your history of paying into the system. An attorney can assist you in this matter, as well.
• You Want to Return to Work – If you feel you’re ready to go back to work on limited duty, but you’re afraid it will hurt your case if your employer thinks you are fully recovered and able to do your previous job as you did before your injury, a lawyer can advise you on the most opportune way to ease back into work without risking your workers’ compensation benefits.

FAQs About When to Hire a Workers Comp Lawyer in California

What Is the Coming and Going Rule for Workers’ Comp in California?

While there is no specific law that states the unwritten coming and going rule in California labor laws, precedent cases have left previous examples for there to be no liability for an employer when a worker is coming and going from work, as in during their routine commute.

What Percentage Does a Workers’ Comp Attorney Get in California?

Since workers’ comp attorneys in California work on contingency fees, their fees are based on the award settlement for the case and are contingent on compensation for their client’s (the employee’s) injuries. The average lawyer fee is usually around 9% to 12% of the final awarded settlement amount, with a maximum allowed of 15%. This rate, however, is subject to approval by the state department that oversees workers’ compensation insurance claims.

How Long Can You Stay on Workers’ Comp Insurance in California?

In most cases of workers’ comp in California, temporary workers’ compensation benefits last for up to two years, or 104 weeks, from the date of the injury but within five years. More serious injuries can last up to four and a half years, or 240 weeks from the date of the injury but within five years. Permanent disability depends on the injury level. Retirement can also limit benefits.

What Is the Average Workers’ Comp Settlement in California?

The dollar amount of a workers’ compensation insurance benefits settlement amount in California for an employee who suffers a work-related injury can fall within a large range between $2,000 and $20,000. Thus, the average settlement award is around $11,000. Because there are so many factors that can affect an individual workers’ comp case, there is no typical settlement amount, and these settlements can be vastly different from one claim to another.

If any of this hit home with your situation, it may be time to call Canlas Law Group and discuss how a workers’ compensation attorney can be beneficial to your case. We have the knowledge base to meet you where you need us most, no matter what stage of the process you are in. Let our legal team support you in this time of hardship, so you can have better days ahead.