The workers’ compensation system is an invaluable safety net for anyone who suffers an injury while working in Arroyo Grande. Almost every California employer is legally obligated to carry workers’ compensation insurance, and this insurance functions similarly to any other type of insurance coverage. However, if you must file for workers’ compensation in Arroyo Grande, you face the potential for complications arising with both your employer and their insurance provider. When you have the right Arroyo Grande workers’ compensation attorney representing you, you are better prepared to face both of these possible legal entanglements.
Canlas Law Group can offer the comprehensive and client-focused legal representation you need after suffering an injury at work. You could face exorbitant medical treatment costs and further financial strain from the inability to work, and an Arroyo Grande workers’ compensation attorney is the best asset to have on your side in this situation. Our team has helped many past clients navigate the workers’ compensation claim process and secure the benefits they needed, and we can leverage this experience on your behalf in your impending case.
After you suffer an injury at work, you should tell your supervisor about the injury immediately. State law requires them to document the injury in an incident report to which you may need to refer later. Your employer is also required to provide you with the claim forms needed for filing your claim for workers’ compensation benefits.
Regarding medical treatment, injured workers in Arroyo Grande have the right to seek treatment from any doctor during an emergency, but they should prepare to undergo a medical examination from a workers’ compensation physician as part of their claim process. When your employer provides you with claim forms, it should include a list of local physicians approved by their insurance carrier. The workers’ compensation doctor you visit will review the details of your injury and then assign you a disability rating that corresponds with your level of impairment.
If you disagree with the workers’ compensation doctor’s assessment of your condition, you have the right to seek a second opinion. Hiring an experienced Arroyo Grande workers’ compensation attorney to assist you with the claim process after your work injury reduces the chances of suffering any unfair treatment from any party involved with your claim. When you have Canlas Law Group representing you, we are fully prepared to assist you in filing your claim and resolving any disputes that arise with your employer or their insurance carrier.
Most injured workers in the Arroyo Grande area will qualify for two types of workers’ compensation benefits. First, workers’ compensation insurance should cover the medical treatment the claimant requires to heal fully from their injury. This includes immediate treatment costs like hospital bills and surgery costs, but they can also claim any ongoing treatment expenses they face if they suffered a severe injury.
Second, a workers’ compensation claim will yield disability benefits to compensate the claimant for their inability to work during their recovery. When the claimant cannot work at all during recovery, they can receive up to 66.6% of their average pay in each weekly disability benefits payment. If they can continue working but their earning power is impaired by their injury, they can qualify for partial disability benefits that make up the difference in their income.
If you are awarded partial disability benefits, you will need to provide regular updates to the insurance carrier regarding your medical status and the amount of income you can earn. Failure to meet these reporting requirements could lead to termination of your benefits. If you are awarded total disability benefits, these benefits can continue up to 104 weeks for most claimants, but anyone who suffered a severe injury resulting in long-term or permanent disability could qualify for an extended benefits period.
Your Arroyo Grande workers’ compensation attorney can assist your case by reviewing your employer’s insurance policy and verifying that their insurance company has handled your claim in good faith. If you encounter any unexpected malfeasance of any kind, or if your employer interferes with your recovery efforts directly, you will need experienced legal counsel to assist you in resolving these matters as efficiently as possible.
Unfortunately, not every employer in Arroyo Grande fulfills their legal obligations to their injured workers under the state’s workers’ compensation laws, and some go so far as to directly interfere with employee claims or retaliate against them in various ways. If your employer fires you in response to your workers’ compensation claim, or if they create a hostile work environment after you file your claim for benefits, this could form the basis of a civil suit against your employer.
It’s also possible that a third party outside of your workplace bears fault for the injury. In this situation, you would have the right to pursue a third-party personal injury claim to receive compensation for losses that workers’ compensation doesn’t cover. For example, you could receive full medical expense coverage and a portion of your lost income through workers’ compensation. Your third-party personal injury claim could potentially yield compensation for the rest of your missing income as well as compensation for your pain and suffering.
The Canlas Law Group can offer the comprehensive legal representation you need no matter what your work injury claim entails. We have years of experience helping clients with the workers’ compensation claim process in Arroyo Grande, personal injury claims filed in response to negligence or misconduct, and employment lawsuits against employers who violate their legal obligations to their injured workers. Whatever your unique situation entails, we will provide responsive and compassionate legal counsel through all phases of your recovery efforts until you reach maximum recovery from your work injury.
If you have the right attorney representing you in your workers’ compensation case, you should expect to obtain full compensation for all the medical expenses you incur from a work injury as well as ongoing disability benefits for the time you are unable to work. Your Arroyo Grande workers’ compensation attorney will provide an estimate of your claim’s total potential value and help you determine whether you can explore further legal recourse to enhance your recovery.
California law usually limits workers’ compensation disability payments to 104 weeks, which may be spread out over a five-year period. If a worker suffered a severe injury, they could qualify for up to 240 weeks of benefits. A worker who has suffered a catastrophic injury resulting in permanent disability may qualify for permanent benefits, but these are very rarely awarded and most insurance companies will attempt to settle these claims with large lump sum “clincher” offers.
Technically, you are not required to hire legal counsel for your workers’ compensation case. However, legal counsel you can trust is an invaluable asset if you intend to secure as much as possible in benefits for your work injury. Your attorney can streamline the claim process and help you maximize the benefits you receive, and they can also identify opportunities for further legal recourse if a specific party was the cause of your work injury.
Most workers’ compensation insurance policies include terms and conditions for death benefits when a work injury is fatal. If you lost a family member in a work accident, you might have grounds to seek death benefits through their employer’s workers’ compensation insurance. Consult an Arroyo Grande workers’ compensation attorney to assist you with the claim process, and they can also help you determine whether you have grounds for legal action aside from your workers’ compensation death benefits claim.
Canlas Law Group makes our legal counsel accessible to those who need it most with contingency fee billing. There is no upfront cost to hire our team, nor do we charge ongoing legal fees during our clients’ cases. We only take a fee once we win compensation for the injury, and the fee we take is a percentage of your final case award. If we are unable to secure compensation on your behalf, you pay nothing.
Canlas Law Group has years of professional experience representing workers’ compensation claims in Arroyo Grande and surrounding communities. We know all about the legal challenges you are likely to encounter as you seek fair compensation for your losses and can offer the ongoing support you need to approach your recovery efforts with peace of mind. Contact Canlas Law Group today and set up a free consultation with an experienced Arroyo Grande workers’ compensation attorney.