If you are an employee or an employer in the state of California, you may be wondering, “What does a California workers’ comp attorney do?” A California workers’ comp attorney can help review your workers’ comp claim, investigate the incident, help you file the claim, and communicate with the insurance company on your behalf. These are some of the many services that an experienced workers’ comp attorney can provide.
Support With Claim Filing
A substantial amount of paperwork can be required, and specific procedures must be followed to file a claim correctly. An attorney can help ensure that all the necessary documentation is properly completed and submitted before any deadlines pass. Any disruptions or missing information in your claim could jeopardize the entire process. Claim filing can include the following:
• Gathering documentation.
• Completing forms.
• Ensuring legal compliance.
• Communicating effectively with all parties.
• Submitting documentation on time.
Negotiating With Insurance Companies
Successfully negotiating with insurance companies requires a great deal of acumen and legal experience. Insurance companies may attempt to deflect accountability to avoid paying a settlement. It takes an experienced lawyer with a deep understanding of California workers’ compensation laws to help hold the insurance company accountable if they are attempting to avoid it. An attorney can handle all communications with the insurance company.
It’s important to understand that the insurance company will likely have its own team of lawyers, adjusters, and experts whose primary function is to minimize the amount they will have to pay out. Going up against a team like this alone can be very daunting, which is even more true if you are attempting to recover from a serious illness or injury. Contact an attorney who can fight on your behalf.
Pursuing Litigation
If a fair settlement cannot be reached during the negotiation process, then your case could proceed to litigation if necessary. This process usually starts with filing a formal complaint with the court. This complaint will outline the basis of your claim, the parties involved, and the compensation you seek. An attorney will ensure that this complaint is filed accurately.
Unfortunately, litigation can be a long and daunting process. There is the discovery phase, where the attorney will gather evidence, exchange information, and conduct depositions. In the trial phase, the attorney will represent you in court before a judge. An attorney can help you through the entire litigation process.
FAQs
Q: What Percentage Does a Workers Comp Attorney Get in California?
A: The percentage that workers comp attorneys in California can receive varies between 9% and 12%. Most workers comp attorneys in California charge on a contingency basis. This means that the attorney’s fees are contingent upon the case’s successful outcome. It’s important to note that these fees can vary depending on the case’s complexity, the attorney’s experience and reputation, and the stage of your claim.
If you engage an attorney, they may provide you with a fee disclosure statement for you to sign.
Q: How Long Does a Workers Comp Case Take to Settle in California?
A: A workers’ comp case can take several months to settle, depending on the circumstances of the case. If you experience a workplace injury, you must report it to your employer within thirty days of the injury. The insurance company has a brief period to respond via mail with a response letter informing you of the status of your claim. The insurance company may have enough information to proceed with finalizing your claim, or they may request additional information or documentation.
Q: How Much Is the Average Workers Comp Settlement in California?
A: The average workers’ comp settlement in California can range from a few thousand dollars to over a hundred thousand dollars. This is a wide range, as workers’ comp cases can heavily differ from case to case. The settlement amount will vary widely depending on the type and severity of injuries or illness sustained. For example, if an employee experiences a head injury that requires surgery and extensive medical treatment, that could lead to a sizable settlement amount.
Q: What are My Rights Under Workers’ Compensation in California?
A: Your rights as an employee under workers’ compensation in California include the right to receive benefits and compensation for injuries that were sustained while working for your employer. You could receive compensation for medical treatment expenses, temporary disability payments, permanent disability payments, supplemental job displacement benefits, and death benefits. Depending on the type and severity of your injury or illness, you could receive all these benefits.
Work with an experienced attorney who can help ensure you receive the full amount of compensation you are eligible to receive.
Q: What If I Don’t File a Claim Immediately?
A: If you do not file your worker’s compensation claim immediately, you may lose your right to pursue legal compensation for your injuries. An injury experienced in the workplace must be reported to your employer within thirty days. Failing to report your injury within the thirty-day mark could cause you to lose your right to receive workers’ compensation benefits.
Also, note that the statute of limitations for workers’ compensation cases is one year. This one-year mark starts from the date of the workplace injury.
The Legal Team You Need
If you have been injured at work or you believe that you may have a case for filing a workers’ compensation claim, you should speak with an attorney immediately. Workers’ compensation claims in California can be very time-sensitive. You must report your injury or illness to your employer within thirty days, and you have up to one year to file a claim. Because of this, it is important that injured workers get the legal help they need.
The legal team at Diefer Law Group, P.C. has helped numerous employees across the state of California with filing and processing their workers’ compensation claims. With the help of our experienced legal team, you can rest assured that you get the proper help and advice you need. Our team understands California workers’ compensation laws and how to successfully navigate the claims process with insurers. Contact us today to speak with one of our attorneys.
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