Costa Mesa Workers’ Compensation Lawyer
Costa Mesa Workers’ Compensation Attorney
Costa Mesa hosts a thriving economy with strong technology, science, and retail sectors, and it is also known as the capital of the action sports industry. There are many opportunities for enjoyable and rewarding work in the Costa Mesa area, but it is also possible for anyone to suffer an unexpected injury while working. If this has happened to you, you need to consult an experienced Costa Mesa workers’ compensation lawyer.
Helping Injured Workers Recover in Costa Mesa, CA
The Diefer Law Group has decades of experience representing injured workers in Costa Mesa and surrounding communities of California in their workers’ compensation cases. You’re likely to have many pressing legal concerns after your workplace injury, and while the workers’ compensation system may seem straightforward at first, the reality is that many injured workers encounter all types of unexpected complications with their cases that they cannot resolve alone.
The Bureau of Labor Statistics reported that in 2023, there were 363,900 injury and illness cases reported by private industry employers in California, and 236,700 of these cases were considered severe, meaning victims needed to take time off work and/or required new job training. Some work injuries cause permanent disabilities, and some are fatal. The Occupational Safety and Health Administration (OSHA) recorded 5,283 fatal work injuries in 2023.
Whether you have been hurt at work in Costa Mesa or you are pursuing legal recourse on behalf of an injured family member, the team at the Diefer Law Group is ready to provide compassionate and results-driven legal counsel for all stages of your case. We can help you understand your rights as an injured worker and what you can expect from the workers’ compensation system in California.
Filing Your Workers’ Compensation Claim in Costa Mesa
California law requires almost every private employer in the state to have workers’ compensation insurance. Most employees are covered and eligible to claim benefits if they are injured or become sick while performing their job duties. It’s possible to claim workers’ compensation benefits for an injury from a traumatic accident or because of a medical condition you acquired gradually over time from your work, such as an illness or repetitive stress injury.
If you are unsure of your eligibility to file a claim, your employer must provide the details of their workers’ compensation policy and accurately classify your employment status. If you believe your employer has intentionally misclassified your employment status to avoid paying for workers’ compensation insurance, it is vital to consult an experienced attorney right away to determine your options for addressing this matter.
As long as your injury happened while you were working or happened as a direct result of you performing your job duties, you are likely eligible to file a claim for workers’ compensation benefits. Even if you caused your own injury, as long as you did not intentionally violate workplace safety regulations and you were not under the influence of alcohol or drugs, you should still be eligible to claim benefits.
Before the insurance company processes your claim, they will likely require that you see a workers’ compensation doctor in your area for a functional capacity evaluation. This exam will determine the severity of your injury, and the doctor you see will assign you a disability rating. The insurance company will consider this rating in your determination of benefits. If you disagree with the doctor’s assessment, your attorney may be able to arrange for a second opinion.
Once you complete the preliminary steps of the claim filing process, you can submit the claim to the insurance carrier. The insurance company will deliver its determination of benefits, and your Costa Mesa workers’ compensation lawyer can be ready to resolve any disputes you encounter and will ensure your offer is fair.
Maximizing Your Recovery After an Injury at Work
Workers’ compensation insurance in California typically provides two types of benefits to an injured worker. The insurance company will pay for all medical care the claimant requires for treatment of their injury, and the claimant can also receive ongoing disability benefits if their injury prevents them from working for an extended time. These benefits may be paid in partial or total designations based on the claimant’s disability rating.
Partial disability benefits are paid when the worker can still work after their injury, but they are unable to earn their usual level of income. Total disability benefits are paid when they cannot work at all until they recover. While these benefits can be a valuable lifeline, even total disability benefits will only cover a portion of the worker’s missing income.
You typically cannot sue your employer for a workplace injury in California if they have workers’ compensation insurance. This insurance is meant to function as the sole remedy for a workplace injury and insulates the employer from civil liability. However, you could have grounds for a personal injury suit against your employer under certain conditions or against a third party if someone outside of your work caused your injury.
In a third-party personal injury suit, proving fault is crucial to your success with this case. You must identify the party who caused your injury and prove how they caused it in order to recover compensation. If you succeed, you could potentially secure compensation for damages that workers’ compensation insurance won’t cover, such as your pain and suffering.
Find Your Costa Mesa Workers’ Compensation Lawyer Today
You have limited time to file a workers’ compensation claim in Costa Mesa, and the first steps you take following a workplace accident are crucial. After reporting the injury to your employer and receiving medical attention, you should reach out to a Costa Mesa workers’ compensation lawyer at the Diefer Law Group at your first opportunity.
Our firm has successfully resolved many workers’ compensation cases for clients in Costa Mesa and throughout California, and we are ready to put this experience to work for you. During your initial consultation with our team, we can listen to your story and explain the legal services we provide that may help you recover. You have limited time to file your claim, so contact us today and schedule a free consultation with a Costa Mesa workers’ compensation lawyer you trust.
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