What California Workers’ Comp Lawyers Won’t Tell You? 2024

California workers’ compensation law is a web of rules, regulations, and procedures designed to protect injured employees. However, it can often be daunting and complicated to navigate. Workers’ compensation lawyers are valuable allies in this process, but there might be a few things they will not readily share with you. This is not to say that they are deliberately withholding information. Rather, the complexities of the law can be difficult to explain in a straightforward manner. Here are some of the secrets that California workers’ compensation lawyers might not tell you that could be vital to your case.

They’re Not Always Upfront About Their Fees

While many workers’ compensation lawyers offer free consultations, they may not always be transparent about their fees. It is crucial to ask about the fee structure and any potential hidden costs upfront. In California, workers’ compensation attorneys typically charge a contingency fee. This means that they only get paid if they successfully recover compensation for you. This fee is generally a percentage of your settlement or award, so discuss the specifics with your attorney.

Your Medical Treatment Might Be Restricted

Injured workers in California may be unaware that their medical treatment options can be limited under the workers’ compensation system. California has a Medical Provider Network (MPN) that employers and insurance companies use to control the medical care of injured workers. While this can help streamline the process and control costs, it can also limit your choice of healthcare providers. Your attorney may not fully explain this limitation, leaving you with fewer treatment options than you might expect.

Their Success Rate Might Be Exaggerated

Some workers’ comp attorneys may boast high success rates, but it is important to consider what these numbers mean. Success rates can be based on various factors, such as:

• The number of cases won
• The amount of compensation recovered
• The percentage of cases that reach a favorable settlement

Be cautious of lawyers who make grand claims about their success rates without providing context or data to back them up. Always do your research. Also, ask for references or testimonials from previous clients to get a clearer picture of their records.

They May Not Pursue All Available Benefits

California’s workers’ compensation law provides a range of benefits for injured employees, including:

• Medical care
• Temporary disability benefits
• Permanent disability benefits
• Vocational rehabilitation

However, some attorneys might not diligently pursue all the benefits you are entitled to. Work with a lawyer who understands the full scope of the workers’ compensation system. Make sure that they are committed to securing the maximum compensation for your specific situation.

They Can’t Guarantee a Favorable Outcome

A skilled and experienced workers’ compensation lawyer can significantly improve your chances of obtaining the benefits you deserve. However, no attorney can guarantee a specific outcome. The workers’ compensation process is complicated and involves many variables that can impact the result. Manage your expectations and understand that even the most qualified lawyer cannot promise a particular outcome.

Communication and Responsiveness May Vary

Not all lawyers are created equal in terms of communication and responsiveness. Some may be readily available and prompt in their responses, while others might not reply for extended periods. Effective communication is crucial in a workers’ compensation case, so ask about their communication style during your initial consultation. If you have concerns about their responsiveness, consider seeking a different attorney. You need a lawyer who prioritizes open and transparent communication with their clients.

FAQs About California Workers’ Compensation Law

Do You Have to Pay Taxes on a Workers’ Comp Settlement in California?

In California, workers’ compensation settlements are generally considered non-taxable income. This means that state and federal governments typically do not tax the compensation received for

• Medical expenses
• Lost wages
• Permanent disability benefits

However, there might be some exceptions when the injured worker also receives Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. In these cases, a portion of the workers’ compensation settlement could be considered taxable. It is always recommended to consult with a tax professional to determine your specific tax obligations.

How Long Can a Workers’ Comp Case Stay Open in California?

In California, there is no definitive time limit for a workers’ compensation case to remain open. The duration of a case can vary greatly depending on factors such as

• The injury’s severity
• The case’s complexity
• The parties involved

Generally, a workers’ compensation claim must be filed within one year of the injury. Temporary disability benefits can last up to 104 weeks. However, reaching a settlement or a final decision can take longer, sometimes even years. It is essential to have a knowledgeable attorney by your side to navigate the process efficiently.

What Is the Average Workers’ Comp Settlement in California?

It is difficult to provide an average workers’ compensation settlement in California. The amount awarded depends on various factors, such as:

• The type and severity of the injury
• The medical expenses incurred
• The extent of any permanent disability

Settlement amounts can range from a few thousand dollars for minor injuries to hundreds of thousands of dollars. Settlement amounts can even reach millions of dollars for severe cases involving permanent disability or loss of future earning capacity. As each case is unique, seek legal guidance to ensure you receive fair compensation for your specific situation.

Do All Workers’ Comp Cases End in a Settlement in California?

Not all workers’ compensation cases in California result in a settlement. Some cases may be resolved through a decision by a workers’ compensation judge. Others may be closed without any compensation being awarded if the claim is denied or dismissed. Sometimes, the injured worker and the insurance company may reach a voluntary agreement, resulting in a settlement. The outcome of a workers’ compensation case can be influenced by factors such as:

• The strength of the claim
• The quality of the evidence
• The willingness of both parties to negotiate

It is vital to have a knowledgeable attorney representing your interests. They can increase your chances of a favorable outcome.

Contact Canlas Law Group Today

At Canlas Law Group, we pride ourselves on providing exceptional legal representation to our clients. Unlike some attorneys, who may have the potential issues outlined here, we prioritize transparency, communication, and client satisfaction in every case we handle. We are dedicated to securing the maximum compensation available under the law. Our attorneys can advocate for the rights of injured employees in California. Contact us today for assistance with your workers’ compensation claim.