Were You Injured In An Accident At Work?
Workers’ compensation laws provide employees with medical care, supplemental wages, and other benefits (depending on the severity of work-related injuries). Working with Fresno workers' compensation lawyers protects victims’ claims from being mishandled and maximizes their coverage.
At Central Valley Accident Lawyers, we work closely with clients to ensure all of their needs are being taken care of and that their employers are fulfilling their legal obligations. We strive to help injured workers achieve the best outcome and retain an impressive 99% success rate helping them do so.
Consult with our workers' compensation attorneys in Fresno, CA to learn if your benefits are being fully utilized. Schedule a free initial consultation or call us at 559-521-9869 to speak with us immediately.
Why Hire Central Valley Accident Lawyers For Your Workers’ Compensation Claim?
A work-related injury can be catastrophic and require medical treatment, resulting in a long recovery period. Due to time missed from work and accumulated medical bills, victims can be immediately whirled into financial debt. In fact, the national medical expense average equates to an accumulated cost of $34.9 billion.
To prevent an employee from suffering such consequences, California’s workers’ compensation law requires that all businesses carry insurance coverage. Therefore, in the event someone sustains work-related injuries, the employer must provide medical benefits for treatment.
However, there are times when an employer or workers’ compensation insurance company denies coverage. If you suffered a work injury and are experiencing challenges to receive benefits, consult with the legal team at Central Valley Accident Lawyers in Fresno, CA.
What A Workers’ Compensation Attorney Offers
Retaining the services of an experienced workers’ compensation lawyer ensures that your case is being handled professionally and efficiently. At Central Valley Accident Lawyers, we thoughtfully evaluate each workers’ compensation case to determine where benefits are being withheld.
Injuries can disrupt someone’s entire life and become consequential to families and loved ones. There is no justification for injured workers to have to suffer the impact of workplace injuries.
Our personal injury law firm specializes in recovering full compensation for deserving clients. We take pride in our work and understand the importance of achieving the best results for those who have instilled so much trust in us.
The benefits of investing in a qualified firm are extremely valuable. Our workers’ compensation lawyers maintain a 99% success rate and are confident in our capabilities to achieve the best results for each worker’s comp case we take on. In addition, we work on a contingency fee basis, so you pay no upfront legal costs.
To learn more about our attorneys and the related practice areas we offer, please feel free to schedule a free consultation at our Fresno office.
What Does A Workers’ Compensation Lawyer Do?
Workers' compensation lawyers confirm whether or not a hurt victim is being granted the full extent of medical care and other benefits that are rightfully owed. Attempting to navigate the complicated legal processes of filing a workers' compensation claim while recovering from a work injury is demanding and stressful.
Unfortunately, lack of legal representation can result in an outcome that leaves victims still unwell and left with expensive medical bills.
The ultimate role of an outstanding attorney is to award clients maximum compensation. An attorney's assistance can accomplish this in multiple ways, helping clients successfully navigate the workers' compensation system.
Common examples of when an attorney's expertise is required due to a claim being denied are when:
- An employer or workers' compensation insurance company is claiming there is insufficient evidence to prove the injury was work-related
- The level of injury and requirement for medical treatment is being disputed
- Job security and employment are being threatened
- The claim has been approved but benefits appear to be inadequate
A workmans' compensation lawyer reviews the details of every case to determine its legitimacy and to establish what types of benefits are owed. It's an attorney's job to protect the rights of injured employees, ensuring these injured workers are appropriately compensated.
When To Hire Fresno Workers’ Compensation Lawyers
After being injured on the job, victims must report the injury or illness to their employer within 30 days of the event. Then, their employer must fill out a Workers’ Compensation Claim Form (DWC-1) and submit it to their insurance company.
If any issues or delays arise during this period, an attorney can rectify the situation. Provided are common examples of when to consult with our law firm for help.
- Offered a settlement – Insurance companies may offer a lump sum settlement that does not cover all damages and should be reviewed by a legal representative first
- Fired after being injured or while on disability – California employers cannot retaliate against an employee for accessing workers’ compensation benefits and this is grounds for fines
- The employer rejected benefits – Workers’ compensation laws require that all employers cover payments for medical expenses, pay while on disability, reimbursement for permanent disability, death benefits, and other benefits
- Uncertain about benefits you are entitled to – Lost wages and all expenses to treat an injury that was sustained while working are expected to be covered in full by the employer
- The employer has not reported or did not report the injury – After an employee reports an accident or illness, the employer is obligated to report the incident to the insurance company
- Have not received benefits – Workers’ compensation laws penalize employers and insurance companies who refuse to cover medical care, pay for lost wages, or are delaying the workers’ compensation claims process
- Issues with a medical provider – If the physician or doctor is providing inadequate treatment, a different physician can be assigned
- Not healed enough to return to work – Doctors cannot clear a patient to work and an employer cannot pressure someone to return to work if injuries are not fully healed
If you are undergoing any of the provided issues with your employer or are experiencing unique circumstances that are interfering with your recovery, please, consult with our workers’ compensation attorneys at Central Valley Accident Lawyers. We will thoroughly evaluate your situation and help you achieve the best outcome possible.
Types Of Workers’ Compensation Injury Cases We Handle
A workplace injury spans from various physical injuries to illness, as well. Our firm has helped clients recover settlements for head injuries, spinal cord injuries, eye injuries, wrongful death, and other ailments.
California law requires every company to have workers’ compensation insurance, regardless of industry. This is because accidents can happen at any time.
Most Common Workplace Accidents
Any injury suffered on the job should be covered by the employer. The different types of accidents that occur in the workplace include the following.
- Machinery Accident - The use of heavy or large machine equipment can result in permanent injuries, like amputation. A factory or industry profession can lead to this type of accident.
- Lifting Accident - Both manual labor jobs and office desk jobs can cause a serious back injury. This can result from awkwardly lifting a heavy object.
- Regular Muscle Strain - Referred to as repetitive strain injury (RSI), this develops over time from repeating the same motions, like typing at a computer or moving heavy equipment. Carpal tunnel syndrome can also develop from RSI.
- Fires and Explosions - Industrial accidents can happen from exposure to hazardous and combustible materials. Other causes include kitchen fires or electrical wiring issues.
- Automobile-related Accidents - Commercial truck drivers, Uber drivers, Lyft drivers, and other professionals that require operating a vehicle can be involved in a collision due to another driver’s negligence.
- Slip and Falls - This can happen at any establishment when the flooring becomes wet or slippery and is not tended to, causing someone to trip or slip.
- Lacerations - A seemingly minor cut or scrape should be mended immediately. If serious enough, medical attention should be sought. When this type of injury becomes severe or infected, permanent scarring or long-term disability can result.
There are many other instances that can cause work-related injury. If you are uncertain about your situation, consult with the legal professionals at Central Valley Accident Lawyers.
What Do Workers’ Compensation Benefits Cover?
The intended purpose of workers’ compensation benefits is to cover medical expenses and other losses that were a direct result of a workplace accident. Coverage is broken down into the following types of benefits.
- Temporary Disability (TD) – These benefits pay victims for lost wages if their sustained injuries prevent them from working. TD benefits begin after a doctor’s evaluation, stating that the employee cannot work, and it stops when the employee is cleared to return to the job.
- Permanent Disability (PD) – Similar to TD, PD compensate victims if their sustained injuries prevent them from working. However, this is activated when a victim cannot make a full recovery. PD begins after the treating physician creates a “permanent and stationary report,” containing a permanent disability rating. This rating will coincide with how much the victim will be compensated.
- Supplemental Wages – Income that will not be earned while recovering from an injury can be paid back at two-thirds of the earned weekly average. Similarly, if earning capacity is affected, the victim can also be compensated for the lost earnings.
- Medical Treatment – Medical care and related costs can include treatment from doctors, chiropractors, pain management specialists, psychologists, and medical supplies (medications and prescriptions).
- Wrongful Death – Monetary pay is granted to the family or dependents of a victim that died in a workplace accident.
If an injured victim’s injury was work-related and was also caused by another person not associated with their employer, a “third-party claim” can be filed.
This claim can be filed against that negligent party, while also collecting workers’ compensation benefits from an employer. It is a separate lawsuit that takes place in the civil court system to hold any additional parties liable for the negligence that caused your injuries.
Frequently Asked Questions
To help gauge a general understanding of personal injuries in the workplace, provided are some frequently asked questions. For more detailed responses to your particular case, schedule a free case evaluation with a Fresno workers’ compensation lawyer today.
How Long Can I Stay On Workers’ Comp?
Payments from workers’ comp typically end once an employee has recovered and the treating physician has approved the employee to return to work either at full working capacity or with limited job duties. However, covered medical treatment can still be ongoing.
Temporary disability payments generally last for a maximum of 104 weeks, between a two to five-year span. There are exceptions, depending on when the accident took place.
Additionally, if an injured person cannot make a full recovery, that employee may qualify for permanent disability, which carries different benefits and policies.
What Injuries Are Not Covered By Workers’ Compensation?
Unlike other personal injury cases, non-economic damages are typically not covered in workers’ compensation cases. That means “pain and suffering” and psychological injuries may not fall within coverage.
Other exceptions include injuries that occurred due to being drunk/inebriated while working, self-inflicted injuries that were caused by the misuse of equipment, physical violence, or injuries that took place outside of work.
Can I Sue My Employer For A Workplace Injury?
A workers’ compensation claim is different from a personal injury lawsuit. Due to the nature of workers’ compensation policies that guarantee injured employees benefits, in most instances, a lawsuit cannot be filed against an employer.
However, if an employer broke the law and does not have insurance coverage, legal action can be taken against that company. Other exceptions will vary.
Can I Lose My Job While On Workers’ Comp?
California’s laws make it illegal for an employer to retaliate and fire an employee for filing a claim. However, an employee can be fired under other circumstances.
For example, an employee can be terminated while on disability if the employer claims the termination was based on financial issues within the company, job performance, or any other “legally acceptable” reason.
With that said, even if an injured employee is terminated, their employer must still provide workers’ comp benefits until the employee has reached maximum medical improvement (MMI). This is a state of recovery when a doctor confirms that nothing else can be done to improve an injured person’s condition.
Contact A Fresno Workers' Compensation Attorney For A Free Consultation
After suffering an injury or illness in the workplace, report the accident. Then, contact the skilled Fresno workers’ compensation attorneys at Central Valley Accident Lawyers. Our experienced legal team will help you manage your case and secure the financial reward you are entitled to.
We provide our legal services at no upfront costs and are only compensated when you are. Schedule a free consultation with an experienced attorney in Fresno, CA today.