If you were recently injured while working, it is natural to wonder how much compensation you could expect from a workers’ compensation claim. A California workers’ compensation attorney is an ideal asset for anyone in this situation. Your legal team can answer your questions, provide ongoing guidance through all your recovery efforts, and ultimately help maximize the benefits you obtain for your injury.
Medical Expense Coverage From Workers’ Compensation Insurance
If your claim for workers’ compensation benefits is approved, your employer’s insurance carrier will pay for all the medical treatment you require for your injury. This can include both immediate treatment costs as well as anticipated future medical expenses. Your California workers’ compensation attorney can help resolve any discrepancies that might arise in determining which medical procedures are covered by your employer’s insurance.
Remember that you have the right to coverage for the medical expenses that you incur immediately following your injury at work, as well as the cost of any future rehabilitative care you will need to reach maximum medical improvement. Under state law, this can also include mental health treatment and many alternative therapies that you may be surprised to learn qualify for workers’ compensation coverage.
Partial Versus Total Disability Benefits
Disability benefits are awarded to claimants who are unable to work due to their injuries. If you are able to work but cannot earn as much income as you usually earn because of your injury, partial disability benefits can be awarded to offset the difference in your income. You will need to report your weekly earnings to your employer’s insurance company to maintain eligibility for these benefits, and they can continue until you are able to return to your previous duties.
If you are completely unable to work while you recover, you can receive total disability benefits. Each weekly payment will equal about two-thirds of your average weekly pay, and these payments can continue for two years. It is possible to spread these 104 weekly payments over a five-year term, if necessary.
Additional Compensation for Workplace Injuries
It’s important to understand the limits of what workers’ compensation insurance can provide. For example, if you suffered an extremely painful injury resulting in permanent damage, you cannot receive pain and suffering compensation through your claim. However, if a specific party is responsible for causing your injury, it can form grounds for a personal injury suit against them, allowing you to seek compensation for damages that workers’ compensation doesn’t cover.
For example, if any third party outside your work caused your injury through negligence or illegal misconduct, you can file a third-party personal injury suit against them. You can claim as much pain and suffering compensation as you believe to be appropriate, and you can recover any lost income that workers’ compensation insurance does not provide.
An experienced workers’ compensation attorney is the ideal resource to consult in the aftermath of any kind of injury from work. Your legal representative can guide you through the workers’ compensation claim filing process and determine whether you have any grounds for further legal recourse that could yield additional compensation.
The Diefer Law Group has successfully resolved many work injury claims for clients in California, and we can apply this experience to your impending case. When it comes to maximizing the value of your case, you need to secure as much in benefits as your employer’s insurance provides and carefully consider whether you have grounds to pursue additional compensation with a civil suit.
FAQs
Q: What Is the Total Value of My Work Injury Case?
A: A successful workers’ compensation claim can yield full coverage of all your medical expenses following a workplace injury. You will also receive disability benefits based on your ability to work following the injury, as well as your expected recovery time. If you have grounds for further legal action with a personal injury suit, it could significantly enhance your total recovery.
Q: What Happens if a Work Injury Is Fatal?
A: If you have lost a family member from a fatal accident at work, their employer’s workers’ compensation insurance may offer death benefits, paying for funeral and burial expenses, their final medical treatment costs, and some ongoing benefits to make up for the income they can no longer provide to you and your family. Your California workers’ compensation attorney can help maximize the results of a claim for death benefits.
Q: How Long Do I Have to File a Workers’ Compensation Claim?
A: There is a one-year statute of limitations for filing workers’ compensation claims in the state, and this time limit starts on the date your injury occurred or on the date you discovered that you had developed a work-related medical condition. However, you also face a time limit for reporting the injury to your employer. You must file your report within 30 days of the injury; otherwise, you are ineligible to claim workers’ compensation benefits.
Q: How Long Does Workers’ Compensation Last?
A: If you are awarded partial disability benefits, these can continue until you recover enough to resume your previous work duties at your previous earning level. Total disability benefits typically last for up to 104 weeks, but a claimant who has suffered a severe injury can file a request for an extension. Severe, permanently disabling injuries can qualify for more expansive coverage.
Q: How Much Does It Cost to Hire a Workers’ Compensation Attorney?
A: The Diefer Law Group accepts workers’ compensation cases on a contingency fee basis. This means that legal counsel is more accessible than you might think when you need it most. When you have a contingency fee agreement with your attorney, you only pay a percentage of your final case award as your fee, and only if you win your case. If your attorney cannot obtain a recovery for you, then you pay nothing in legal fees.
Call The Diefer Law Group Today For Free Consultation
The right legal team can make a tremendous difference in the outcome of your recovery efforts following an injury at work. It’s only natural to want to maximize your benefits from a workers’ compensation claim, and legal counsel you can trust is your most valuable asset for accomplishing this. Contact the Diefer Law Group today to learn how our firm can assist with your claim.
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