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Abogado de Compensación de Trabajadores de Santa Ana

Santa Ana Workers’ Compensation Lawyer Attorney

Accidents at work are not rare occurrences. When they happen to you, it is vital that you take the proper steps to protect yourself by documenting your accident and filing for workers’ compensation. In some cases, your attempts to file for workers’ comp may not go the way you intended. If this happens, you may want to consider reaching out to a Santa Ana workers’ compensation lawyer who can help you obtain the benefits you deserve.
 
Best Santa Ana Workers’ Compensation Lawyer

Workers’ Comp Benefits in California

California operates on a no-fault compensation system. To apply for workers’ comp benefits, employees only have to prove that their accident happened at work. They don’t have to establish their employer’s fault. In return, workers can’t take legal action against their employers for the accident. It’s a system that generally benefits both parties, as the injured party has an easier way to recover damages, and the employer doesn’t risk legal action.

California’s comprehensive prestaciones de accidentes de trabajo greatly benefit the injured employee. They are designed to provide injured employees with the medical treatment and recovery time they need to move past their injury and return to work, provided they are well enough to do so. Under the California labor code, every employer in the state is required to carry workers’ comp insurance in the unfortunate event that one of their employees suffers a workplace accident.

The Workers’ Comp Claims Process in California

The claims process for workers’ comp benefits in California may be different in each case, as it depends on:

  • The company you work for
  • The severity of your injuries
  • Whether you have retained a workers’ comp lawyer
  • How your employer responds to your claim

Understanding every step in the process can make it easier to work through if such an incident were to happen to you. Here are some of the steps in the siniestros laborales process in Santa Ana, CA:

The Accident

It all begins when you suffer a workplace injury. If it’s bad enough, you may decide to pursue workers’ comp to keep you financially stable during your recovery. The injury could be the result of a sudden accident or an illness you contracted on the job. It could even be a repetitive stress injury that has gotten worse over time and is finally too much to handle. As long as the injury was work-related, you have a strong case for workers’ comp.

Be sure to see a doctor immediately following your injury in case something were to go wrong. It is also important to have a detailed medical record of your accident when filing a claim.

Notify Your Employer

Regardless of how or when the injury occurred, you need to notify your employer promptly. They will then provide you with a workers’ compensation claim form. You will need to fill it out and return it to your employer when you are able. Your claim will then be reviewed by your employer’s claims administrator.

Find Your Doctor

If you haven’t seen a doctor for your injury already, you will need to find a primary care physician for your injury. If you do not have a doctor preselected before your injury, your employer may choose a doctor for you, or you will have to choose one from your employer’s healthcare network.

Await a Response

During this time, the claims administrator will look through your claim as well as the evidence that supports it. They will be the one to determine whether your claim will be accepted or denied. If it is accepted, you will receive your workers’ comp benefits to cover your medical care. If it is denied, the administrator has decided your injury doesn’t qualify for benefits.

 

At this point, you should consider reaching out to a workers’ comp lawyer who can assist you with your appeal or resolve this disagreement with the claims administrator. Sometimes, simply having a lawyer on your side can be enough to change the administrator’s decision. The threat of legal action can often be a strong motivator.

Continue Treatment

Regardless of what the administrator says about your claim, you should still continue your treatment. When your claim is accepted, your doctor will recommend a treatment plan for you to follow. Provided your claim is now accepted, your employer’s workers’ compensation insurance will likely absorb the cost of your treatment. Your doctor will submit reports to the claims administrator regarding when you might be able to return to work.

You should follow your treatment plan as closely as possible, as any failure to do so could result in the claims administrator thinking your injury might not be as bad as you say it is.

Disability Benefits

The claims administrator will ultimately use your doctor’s reports to determine whether you qualify for disability benefits. They will decide whether you qualify for temporary or permanent disability benefits that might cover a percentage of your lost wages. While temporary benefits may start soon after you are injured, permanent benefits can only start once you have reached maximum medical improvement.

What Benefits Can You Claim?

Injured workers in California are entitled to specific kinds of benefits, depending on the circumstances of their injuries and the policy that their employers carry. There are generally five types of workers’ comp benefits you may qualify for in California, and injured workers may be entitled to one or more. Here are those benefits:

  • Atención médica: Injured workers in California are entitled to any medical care that is reasonably required to aid in their recovery. Your employer may cover all or most of your medical treatment, depending on the circumstances of your injury and whether the claims administrator agrees to accept your claim.
  • Incapacidad Temporal: If a worker in California is unable to return to work after three days, they may be entitled to temporary disability benefits to help compensate for lost wages. A doctor must first prove that you cannot work before you can start receiving benefits.
  • Incapacidad permanente: If a worker in California suffers a permanent injury as a result of their accident, they may be eligible for permanent disability benefits. The amount you may receive is based on a formula that includes the extent of your injury, your age, your occupation, and the date of the injury.
  • Supplemental Job Displacement Benefits: The SJDB is a voucher for additional job training for qualifying injured workers. If you are unable to return to your current job due to a permanent disability, this benefit can give you occupational training for a different job and may even cover all related expenses.
  • Prestaciones por defunción: If your workplace accident results in your death, death benefits may pay for your burial and provide support payments to your surviving dependents. The total amount depends on the number of dependents and whether they were partially or totally dependent.

Preguntas frecuentes

Q: How Much Do Workers’ Comp Lawyers Charge in California?

A: One cannot determine beforehand how much a workers’ comp lawyer might charge in California. Every workers’ comp case is different, with each case having its own set of details and circumstances that are unique to the individual case. Certain factors have to be taken into consideration before your lawyer decides on a fee, such as the difficulty level of the case, the time it will take to resolve it, and the willingness of both parties to compromise.

P: ¿Cuáles son mis derechos en virtud de la indemnización por accidente de trabajo en California?

A: Your rights under workers’ comp in California are plentiful thanks to the state’s protective labor laws. If you are injured at work, you may be entitled to:

  • Medical care that’s paid for by your employer
  • Disability benefits
  • Prestaciones complementarias por desempleo

Also, your family can receive death benefits should your accident result in your death. There are many different benefits you may qualify for under workers’ comp in California. Speak with a workers’ comp lawyer to learn more.

Q: Can You Take Legal Action If You Accept Workers’ Compensation in California?

A: Generally, no, you cannot take legal action against your employer if you accept workers’ compensation following an accident in California. Your acceptance of workers’ comp benefits is generally seen as an agreement not to pursue legal action against your employer in civil court. In California, workers’ comp is the only way to receive compensation from your employer for a work injury. There may be exceptions, but they are rare.

Q: ¿Cuánto tiempo puede estar en Compensación a los Trabajadores en California?

A: The amount of time you may spend on workers’ comp in California will depend entirely on:

  • The nature of your injury
  • The agreement you have made with your employer
  • Whether you qualify for temporary or permanent disability

Generally, disability benefits won’t last longer than two years. However, in cases where a full recovery may not be physically possible, some exceptions may be made.

Reach Out to a Workers’ Comp Lawyer Today

Receiving workers’ compensation benefits may be the only way for you to financially sustain yourself during your recovery. If your claim is denied for whatever reason, that doesn’t have to be the end of it. You should reach out to a workers’ comp lawyer who can help you work on your appeal and find out why you were denied in the first place.

Diefer Law Group, P.C., can provide you with much-needed legal assistance for your claim. We can build up your case, collect evidence, and navigate the discussion between you and the claims administrator. Póngase en contacto con nosotros to schedule a consultation today.

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Diefer Law Group, P.C.

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2030 Main Street
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Irvine, CA 92614

(949) 799-1860

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12636 High Bluff Drive
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San Diego, CA 92130

(619) 728-3990

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Los Angeles, CA 90071

(213) 973-6142

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6670 Alessandro Blvd
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Riverside CA, 92506

(951) 470-1862

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34204 Costa del Pacífico
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Dana Point, CA 92629

(949) 799-1534

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