Stanton Workers Compensation Lawyer

Stanton Workers’ Compensation Attorney

California law requires almost all employers in the state to buy workers’ compensation insurance. This insurance coverage acts as an economic safety net for injured workers, providing them with the benefits they need to recover from their injuries. Almost every employee in Stanton is covered by this insurance, but that does not mean every injured worker will have an easy time securing the benefits they rightfully deserve. After a workplace injury, employees should have all the benefits the law provides to protect them currently and in the future.

Legal Representation for Workers’ Compensation Claims in Stanton, CA

If you are struggling with a workplace injury in Stanton, CA a workers’ compensation attorney is the ideal resource to consult to determine how to secure your benefits. Every workers’ compensation claim is unique, and every injured worker will encounter different difficulties in obtaining their benefits. The team at Canlas Law Group can offer individualized legal representation that seeks maximum recovery, and we have the resources and professional experience necessary to guide you through any obstacles you encounter in your recovery.

The Filing Process for Workers’ Compensation Claims in Stanton

Whenever an injury happens at work, the victim should report the incident to their supervisor immediately. State law requires an employer to create an incident report for every workplace injury, detailing how, where, when, and why the injury occurred. The law also requires them to facilitate their injured workers’ claim for workers’ compensation benefits. They must provide the injured worker with the information they need to file a claim, and the employer is legally prohibited from interfering with the claim process.

After reporting your injury, if you encounter any resistance or adverse treatment from your employer, this can form the basis of an employer retaliation claim. However, if your employer upholds their responsibilities in good faith, they will provide you with a list of local doctors you can visit for a medical examination. You may see any physician if you need treatment for a severe injury immediately, but once you stabilize, you will need to see a workers’ compensation doctor for a rating of your disability.

Filing a claim for workers’ compensation is similar to filing most other types of insurance claims, with a few additional complicating factors. First is the role your employer plays in the process, and second is the medical review. The workers’ compensation doctor you see will give you a rating based on the severity of your injury. This rating informs the benefits you will be able to recover from the insurance company. If you believe the workers’ compensation doctor has given a faulty review, your Stanton workers’ compensation attorney can help obtain a second opinion from a different doctor.

Benefits Available Through Workers’ Compensation Insurance in Stanton

As long as your employer upholds their legal responsibilities in good faith and the insurance company does the same, you should receive your determination of benefits within two or three weeks after filing your claim. This determination of benefits will outline the compensation you will receive from the insurance company.

Typically, an injured worker in Stanton can expect total coverage for medical expenses for their work injury. This means the insurance company pays for all medical treatment the injured worker needs to achieve maximum medical improvement, including immediate treatment and the cost of ongoing rehabilitative care. Your Stanton workers’ compensation attorney can help ensure that you receive full coverage of your medical expenses under your employer’s policy.

The second benefit you can receive is disability benefits. These are paid to account for the inability to work after an injury or to offset the difference in your earning power if your injury limits your capacity to work. For example, if you are hurt and cannot earn as much as you did prior to the injury, but you can handle lower-paying work, you may receive partial disability benefits. This offsets the difference in your earning power after your injury. Alternatively, if you cannot work while you recover, you will get disability benefits each week until you can go back to work.

Total benefits are typically paid at a rate of two-thirds of your average weekly wage each week until you can resume your work duties at full capacity. The state limits how long most claimants can continue receiving these benefits, but any worker who has suffered a severe injury is likely to qualify for an extension. Permanent disability benefits are only possible if you suffer a catastrophic injury that leaves you completely unable to return to work in the future.

Third-Party Personal Injury Claims for Work Injuries in Stanton

California’s workers’ compensation laws typically prevent injured workers from filing civil suits against their employers in response to their work-related injuries. There are exceptions to this, however. For example, if your employer does not have the correct insurance coverage, they are fully liable for your damages. It is more likely you will have grounds for a third-party personal injury suit. If anyone outside of your work caused your injury, you could proceed with your workers’ compensation claim and a personal injury suit against the third party who caused your injury.

A third-party personal injury suit can potentially help you recover compensation for damages not covered by workers’ compensation insurance. This includes the remainder of your missing income not covered by disability benefits as well as compensation for the pain and suffering you endured, which is typically not recoverable through workers’ compensation benefits.

Canlas Law Group has extensive professional experience with both workers’ compensation law and personal injury law, so no matter what your options for legal recourse may entail after a workplace injury, we are ready to assist you. Our goal in every work injury case we accept is to help our clients recover as much compensation as possible for their damages. We can guide you through each step of the claim process and help address the unique legal issues you may encounter as you seek the benefits you legally deserve.

FAQs About Stanton, CA Workers Compensation Law

Can You Work While You Are on Workers’ Compensation?

Yes, it is possible to continue working while you receive workers’ compensation benefits. If you are able to work, but your earning power is negatively impacted by your injury, you will likely qualify for partial disability benefits. These are paid to help offset the difference in your earnings until you regain your previous earning capacity. You will be required to report your income to the insurance company and inform them of updates to your medical status to maintain eligibility.

How Long Can You Stay on Workers’ Compensation in Stanton?

California law generally allows an injured worker to continue receiving disability benefits for up to 104 weeks. However, if you are severely injured at work, you may qualify for an extension and continue receiving benefits past the usual 104-week limit. Your Stanton workers’ compensation attorney is a valuable asset for ensuring you receive maximum compensation for the injury you suffered.

Do You Have to Pay Taxes on a Workers’ Compensation Settlement?

No, workers’ compensation settlements and ongoing benefits are not taxed as income. These are technically paid to repay a loss and do not qualify for taxation at the state or federal level. If you are able to file a third-party claim and receive punitive damages, you are likely to owe taxes on this portion of your case award.

Why Do I Need to Hire a Stanton Workers’ Compensation Attorney?

There is no law that requires you to hire an attorney for a workers’ compensation case. However, filing your claim will be much easier with an attorney’s help, and you will more likely maximize your settlement amount with their assistance. Your attorney can help you file your claim, address any disputes with your employer or their insurance carrier, and help build a comprehensive third-party personal injury claim if you have grounds to do so.

How Much Does It Cost to Hire a Stanton Workers’ Compensation Attorney?

When you choose Canlas Law Group to represent your workers’ compensation case in Stanton, you will not need to worry about exorbitant legal fees making your financial situation more difficult. We take these cases on a contingency fee basis, meaning you will only pay a portion of the total compensation we secure as our fee. However, you only owe this fee if we win your case. There is no fee if we are unable to obtain recovery for your work injury.

Experienced Stanton Workers’ Compensation Attorneys

Canlas Law Group can provide the compassionate and responsive legal representation you need to navigate the workers’ compensation system efficiently in Stanton. We have helped many past clients recover the benefits they need to overcome their injuries from work, and we are ready to leverage this experience for you. The sooner you contact our team, the more time we will have to work on your case and help build an effective legal strategy. Contact us today and schedule a free consultation with a Stanton workers’ compensation attorney to learn more about the legal services we provide.