Downey Workers Compensation Lawyer

Downey Workers Compensation Attorney

Many workers in California face obvious risks every day at work, and others may feel as though they work in inherently safe environments only to sustain unexpected injuries from various causes. Whenever a workplace injury occurs in the Downey, CA, area, the victim has the right to pursue workers’ compensation benefits to assist in their recovery. Almost every employer must carry workers’ compensation insurance in California, and virtually all employees are covered by their employers’ policies. Unfortunately, the claim process for workers’ compensation is not as straightforward for injured workers as it is for others. As a result, there are injured workers in the Downey area who struggle to secure the benefits to recover from their injuries.

Legal Counsel for Downey, CA, Workers’ Compensation Claims

If you or someone you love has sustained a workplace injury, a Downey workers’ compensation attorney is the best asset to have on your side to help you during your recovery. The right lawyer can streamline the claim process for workers’ compensation significantly, potentially uncovering avenues of recovery you would have overlooked on your own. The Canlas Law Group has extensive experience representing Downey, CA, area clients in difficult workers’ compensation claims. We understand the stress and uncertainty of a workers’ compensation claim and the challenges injured workers often face as they pursue benefits following their workplace injuries. Our firm can provide the legal representation you need to navigate the claim process and explore your additional options for recovery outside of workers’ compensation.

Benefits of Working With a Downey, CA, Workers’ Compensation Lawyer

It’s technically possible to file a workers’ compensation claim and secure your benefits without legal counsel. However, the claim process is more detailed and complex than a lot of injured workers expect, and they could face various challenges as they attempt to handle their claims alone. For example, the average worker could make mistakes on claim paperwork, or they may not know how to secure the supporting documentation they need to submit with their claim. Ultimately, there are several risks in the early stages of a workers’ compensation case that can potentially lead to delays in claim processing or even outright denial of a claim.

Working with an experienced Downey workers’ compensation lawyer significantly improves your chances of having a positive experience with the claim process for workers’ compensation. Your attorney can assist you in completing all required claim forms as well as gathering the supporting documentation you need to support your case. They can also handle interactions with the insurance carrier that your employer uses for workers’ compensation on your behalf, and if necessary, they may take your claim before the California Division of Workers’ Compensation (DWC).

Once you successfully complete the claim process for workers’ compensation, a good attorney will help clients determine if they have room for further legal action to enhance their recovery. While not possible in every case, there are injured workers who do meet the criteria for filing civil claims against their employers or third-party personal injury claims against those responsible for causing their workplace injuries. Canlas Law Group can help you fully explore your recovery options after a workplace injury.

What to Expect in the Claim Process for Workers’ Compensation

California’s workers’ compensation laws apply to virtually every employee in the state across every industry. Recently, California legislators enacted new laws to prevent employers from mischaracterizing employees as contractors to avoid paying for workers’ compensation and other benefits to those employees. As a result, this is no longer possible, and now many more California workers are covered by their employers’ workers’ compensation insurance policies.

If you sustain an injury at work or develop an occupational illness due to your work environment or job duties, you have the right to file a workers’ compensation claim. You must report the issue to your immediate supervisor as soon as possible, ideally immediately after an injuryoccurs or after determining an illness is the direct result of your work duties. Your employer must provide you with the materials needed to file your workers’ compensation claim. Employers may not take punitive action against an employee who requests workers’ compensation claim forms, nor may they interfere with employees’ claims.

It is always best to file your claim as soon as possible after a workplace injury. Any delay in filing your claim will cast doubt on its legitimacy. For example, if your employer’s insurance carrier notices that you did not file your claim until a few weeks after your injury occurred, they may not believe your injury is as serious as you claim it to be. Therefore, filing your claim as soon as possible after your injury is the best way to establish the claim’s legitimacy.

You will need to attend a medical examination from a doctor approved by the insurance carrier that your employer uses for workers’ compensation. The insurance company will provide a list of nearby physicians that injured workers can visit for their examinations. An injured worker can go to any doctor when they need emergency treatment, but a physical exam from an approved workers’ compensation doctor is required for a workers’ compensation claim in California.

The doctor will assign the injured worker a disability rating based on how severe their injury is and whether they face long-term or permanent damage. Once the injured worker has completed their claim forms as well as visited an appropriate physician for their examination, they can submit their claim to the workers’ compensation insurance carrier and await their decision.

Benefits for a Workplace Injury in California

Injured workers in California can typically expect two types of benefits from a workers’ compensation claim. The first is medical expense coverage. When an employee sustains an injury at work, their employer’s workers’ compensation insurance carrier will cover the cost of all medical care they require to heal from their injury and manage their symptoms through recovery. However, the insurance company could deny coverage in some situations. For example, if the injured worker caused their own injury due to intoxication at work or gross negligence, they could be denied coverage. Therefore, all employees must carefully review their employers’ workers’ compensation policies, so they know the terms and conditions of these claims.

The second form of benefits potentially available through a workers’ compensation claim is disability coverage. California workers’ compensation claims often yield temporary disability benefits for injured workers while they cannot work due to their injuries. In most cases, injured workers can expect to receive up to two-thirds of their average weekly wage in disability benefits, and these payments can continue for two years or 104 weeks.

Some claimants can qualify for more extensive disability benefits, especially those who have sustained permanent harm from their workplace injuries. While ongoing disability benefits arrangements are more likely, some insurance carriers will attempt to settle substantial claims with large lump sum offers instead. Your Downey workers’ compensation lawyer can help you determine what benefits arrangement would best suit your circumstances. Once you reach a fair settlement with the insurance company, your legal team can help you decide whether you have reasons to takeyour legal action further.

Taking Legal Action Outside of Workers’ Compensation

In most cases, California’s workers’ compensation laws prohibit injured employees from suing their employers for workplace injuries. Instead, the workers’ compensation system protects workers and shields their employers from liability for an injured worker’s injuries. However, there are injured workers who will meet the criteria for filing civil claims against their employers. For example, if an employer or co-worker intentionally caused the workplace injury in question, if the injury occurred due to egregious workplace negligence or failure to comply with applicable industry regulations, or if an employer does not have workers’ compensation insurance as required by state law, the injured worker would have the right to file a civil claim against the employer.

It’s more likely for an injured employee to meet the criteria for a third-party personal injury claim than a civil claim against their employer. If someone other than your employer causes your injury at work, you can still file a workers’ compensation claim since the injury happened while you were working;however,you can also file a civil claim against the third party responsible for the injury. Workers’ compensation can cover medical expenses and a portion of your lost income, and a third-party personal injury claim can allow you to recover more substantial compensation.

A third-party personal injury claim functions similarly to any other personal injury claim. The plaintiff must identify the party responsible for their damages and prove that those damages directly resulted from that party’s actions. If successful, your third-party personal injury case could yield compensation for lost income that workers’ compensation won’t cover, along with payment to compensate you for your pain and suffering.

What to Expect From Your Downey Workers’ Compensation Attorney

When you choose an experienced lawyer to assist you with a workers’ compensation claim, their legal services can make the entire process much easier to handle and more likely to result in a favorable outcome. Your attorney can assist you with the preliminary steps of filing your claim, from completing your claim paperwork and gathering supporting documents to submitting the claim and corresponding with the insurance carrier.

Your legal team can help you address any unexpected problems with your claim, such as the insurance carrier requesting additional information or unfairly denying your claim. If you must appeal a denied workers’ compensation claim, you must work with an experienced Downey workers’ compensation lawyer for this complex process.

Canlas Law Group strives to ensure every client we represent recovers as fully as possible from their workplace injury. We will learn as much as we can about your situation and evaluate your employer’s workplace policies. If you disagree with your workers’ compensation doctor’s assessment of your condition, we will help you determine your options for ensuring your injury receives appropriate attention and compensation. Ultimately, you are most likely to win a workers’ compensation case with an experienced legal team assisting you.

FAQs About Downey, CA Workers Compensation Law

How Should I File for Workers’ Compensation in Downey, CA?

Injured workers in California file their workers’ compensation claims through their employers. All employers in California must provide injured workers with the materials they need to file their claims, and they may not interfere with the claim process in any way. You should file your workers’ compensation claim as soon as possible with the assistance of an experienced attorney.

How Long Will My Workers’ Compensation Benefits Last?

In most cases, workers’ compensation disability benefits can extend up to 104 weeks, and some claimants can have these payments spread out over five years. Though rare, an injured worker can qualify for permanent disability benefits, and they may be eligible to receive Social Security benefits for a permanent disability. Your Downey workers’ compensation lawyer can help you determine the best way to maximize your benefits.

Can I Sue My Employer for a Workplace Injury?

In most cases, an injured worker cannot file a lawsuit against their employer for an injury suffered at work. The exceptions to this would include any situation in which an employer directly causes an injury to their employee or if an employer does not have workers’ compensation insurance as required by California state law. Your Downey workers’ compensation attorney can help you determine whether you have grounds for civil action against your employer.

Is It Worth Hiring a Downey Workers’ Compensation Lawyer?

Hiring an experienced Downey workers’ compensation attorney is one of the best things you can do to enhance your overall recovery after a workplace injury. Your legal team can handle the procedural aspects of your case and guide you through the claim process until you reach an acceptable result. They will also help you determine if there are any grounds for you to take additional legal action that may increase your total recovery.

Contact The Canlas Law Group

The Canlas Law Group has years of experience representing clients in the Downey, CA, area in a wide range of complex workers’ compensation claims. We have the resources and expertise you need on your side to navigate your claim successfully. To learn more about your legal options with a Downey workers’ compensation lawyer, contact the Canlas Law Group today and schedule your consultation with our team.