Newport Beach Workers Compensation Lawyer
Newport Beach Workers Compensation Attorney
A work-related injury or illness has the potential to cause long-term suffering for the victim that can keep them out of work. Whether you are part of a high-risk industry, such as welding or construction, or you work an office job, an injury or illness can occur at virtually any workplace. When these situations arise, it is wise to obtain legal support and guidance from a Newport Beach workers’ compensation lawyer who can assist you through the claims process.
When an employee in California suffers a work-related injury or illness, they have the right to pursue benefits available to them through their employer’s workers’ compensation insurance. Depending on the nature and severity of the injury, these benefits may include lost wages, medical bills, or disability benefits. However, it is important to remember that applying for these benefits can be difficult, and engaging a workers’ compensation lawyer is essential.
What to Do Following a Workplace Injury
Your workplace injury or illness should be covered under your employer’s workers’ compensation insurance provider. Unfortunately, many of these insurance claims are offered a very low settlement in hopes that the victims will accept it out of desperation, or these claims are denied completely. Taking the following steps in Newport Beach can help ensure you have done everything in your power to successfully obtain these benefits.
- Seek Medical Attention: Immediately following your injury, you need to seek medical care. Not only is this a wise move for your own health and safety, but also for the success of your claim. This step is crucial to ensure you receive the proper and necessary treatment. Be sure to make your medical team aware that you were injured at work and provide details on how the injuries happened.
- Report Your Injury: Tell your manager or supervisor about your injury or illness as soon as possible. Once your employer has been made aware of your condition, they should provide you with a DWC 1 form so you can begin filing your claim. If they fail to do this, you can download this form from the California Department of Industrial Relations, Division of Workers’ Compensation website.
- File Your Claim: Next, you should file your claim with your employer’s insurance provider. If you are unsatisfied with the outcome of your claim, either you were outright denied, or you were offered a low settlement amount, you have the right to file an appeal. This can be done with the assistance of an attorney.
- Follow All Doctor’s Orders and Attend Follow-Up Appointments: You should be provided with a list of approved physicians who work with patients involved in workers’ compensation claims. You must be up to the task of following their treatment plan, and if you fail to do so, you may lose your right to certain benefits.
- Pursue Legal Counsel: Unfortunately, most workers’ compensation insurance providers and employers do not treat their employees fairly in these claims. Having the assistance of an attorney from Diefer Law Group can make all the difference when it comes to obtaining the benefits you are rightfully due under California state and federal law.
Diefer Law Group: Fighting for Your Right to Workers’ Compensation
Workers’ compensation insurance claims can be difficult, and the road to your rightful benefits is often filled with many roadblocks. At Diefer Law Group, our main priority is getting you the assistance you need to get back on your feet following a workplace injury or illness. Our attorneys have over 60 years of combined experience, and we are ready to put that experience to good use. We can fight for the rights you are entitled to under California law.
When you hire an attorney from Diefer Law Group, you are hiring a legal professional who can answer any legal questions you may have regarding your workers’ compensation insurance claim. We can assist you in gathering evidence to prove your claim, can ensure your claim is filled out properly and filed on time, can handle all negotiations on your behalf, and, if denied, can assist you with filing an appeal and the process that follows.
Common Accidents and Injuries Suffered at the Workplace
Some of the most common causes of workplace accidents that result in injuries or illnesses include the following:
- Lifting, pushing, or pulling heavy objects
- Slips, trips, or falls
- Repetitive motions
- Being struck by a heavy object
- Falling from a great height
- Being involved in a vehicle collision
- Being exposed to toxic chemicals or other dangerous substances
- Exposure to loud, sustained noises
- Defective machines or other products, such as power tools
- Fighting, assaults, or other forms of workplace violence
- Electrocution
In these accidents, some of the most common forms of injuries or illnesses sustained in a workplace in Newport Beach can include the following:
- Head trauma
- Spinal cord injuries
- Fractured or broken bones
- Muscle sprains or strains
- Back and neck injuries
- Bruises, lacerations, or punctures
- Stress or repetitive motion injuries
- Tendonitis
- Hearing loss
- Respiratory infections or diseases
- Cancers
- Psychological injuries
- Carpal tunnel syndrome
- Damage to the body’s soft tissues
- Crushing or pinning injuries
- Amputation
- Severe burns
- Chemical burns
- Wrongful death
If you have suffered any of these accidents that have led to injuries or illnesses, you need to seek immediate medical attention, report the injury or illness to your employer, and file a claim under your employer’s workers’ compensation insurance. The attorneys at Diefer Law Group can help you through each step to ensure you receive the benefits you are owed.
Types of Benefits Under Workers’ Compensation Insurance
There are several forms of benefits you might be entitled to under your employer’s workers’ compensation insurance. Your ability to receive these benefits will ultimately depend on the nature and severity of the injury or illness you sustained. These benefits can include the following:
- Medical Costs for Care: These benefits can help alleviate the financial burden that comes with doctor’s visits, surgeries or other necessary procedures, hospital stays, medications, medical devices or equipment, tests, or transportation expenses.
- Temporary Disability Benefits: These benefits can be obtained when an individual is unable to return to their place of work for a certain amount of time due to their injury or illness. You may receive these benefits if you cannot work at all while recovering or if you are limited in your ability to work.
- Permanent Disability Benefits: If you have suffered a permanent loss of physical or mental function due to your work-related injury or illness, you could receive permanent disability benefits. These benefits will be based on your disability rating, the date of your injury, and your average weekly wages at the time of your injury.
- Supplement Job Assistance: If you cannot return to your job or a similar kind of employment, you may be eligible to receive a voucher for further education or training for a different kind of vocation that you can physically and mentally handle.
- Lost Wages: These benefits can cover any lost wages due to your workplace injury or illness.
- Death Benefits: If a worker dies as a result of their work-related injury or illness, their spouse, children, or other eligible dependents may receive compensation to cover expenses such as funeral or burial costs.
FAQs
Q: How Much Do Workers’ Comp Lawyers Charge in California?
A: In California, it can be difficult to offer an exact number as to how much a workers’ comp lawyer might charge for their services. There are several factors that will influence the final cost of an attorney. These factors include the complexity and duration of the case and the attorney’s own experience, location, and skill level.
Q: Are There Retraining Support Benefits for Workers’ Compensation in California?
A: If you are injured or ill due to a complication or accident at your place of work, you may be unable to return to that job even after you recover. There are retraining support benefits available to help you transition into a new line of work. These benefits can include a job skill assessment, educational courses, on-the-job training, career counseling, and assistance with new job placement.
Q: How Long Does Workers’ Comp Last in California?
A: In most cases in California, temporary disability benefits following an accident or injury related to your employment will not be available for longer than 104 weeks. However, if you have suffered injuries such as severe burns or chronic lung diseases, these temporary disability benefits can last up to 240 weeks.
Q: Is Workers’ Comp Required in California?
A: Yes, all employers in California are required to carry workers’ compensation insurance. This is to cover situations where an employee suffers a work-related injury or illness. Even if your employer only has one employee, they are still required to carry this form of insurance. Independent contractors or domestic workers may be exempt from needing to carry workers’ compensation insurance.
Speak with an Experienced Workers’ Compensation Lawyer Today
If you have suffered a work-related illness or injury in Newport Beach, you may be entitled to receive certain benefits through your employer’s workers’ compensation insurance. If you require assistance during this complex legal process, the attorneys at Diefer Law Group are prepared to help you. Contact our offices today to schedule a free consultation.
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