WORKERS COMPENSATION ATTORNEY IN ORANGE COUNTY, CA
Employers and employees alike value a job that is done well. Unfortunately, an employer’s true colors are often shown after a worker suffers a job-related injury in an accident or due to the wear and tear of repetitive motion. Without a trustworthy Orange County workers’ compensation lawyer, employers and their workers’ compensation insurance providers can do everything in their power to make sure you settle for less than you deserve for your medical expenses and lost earnings.
At Diefer Law Group, P.C., we value injured workers and offer tenacious representation in Southern California workers’ compensation cases. You will never face the daunting workers’ compensation process alone; as experienced advocates, we will take on the insurance companies so you can focus on putting your life back together.
If you’ve suffered an injury at work, the clock is ticking on your right to pursue a claim. Call 888-301-7795 now for a free, no-obligation consultation with our proven work injury lawyers.
PROUD TO REPRESENT CALIFORNIA’S DIVERSE WORKFORCE
Workers in Southern California and throughout California make a living in a wide variety of ways. We represent everyone from delivery drivers and warehouse workers to construction workers and farm workers. Our attorneys have the knowledge and skills to navigate the workers’ compensation process, obtaining maximum benefits in claims stemming from:
- Construction site accidents. Construction is the most dangerous industry based on the number of workplace injuries reported across the country each year. Many people who suffer injuries while working construction not only face expensive medical bills but also extended recovery times and possibly even the inability to return to work. If you have been injured in any construction site accident, we can help you navigate the workers’ compensation claim process, and if you have grounds for legal recourse against a specific party responsible for your injury, we can assist you with this as well.
- Slip-and-fall accidents. A slip and fall may sound like a minor incident, but the reality is that falls account for most of the catastrophic and fatal workplace injuries reported in the United States each year. If you suffered a slip and fall at work, we will assist you in filing your workers’ compensation claim, securing the compensation you need for immediate and future medical expenses and your lost income while you are unable to work.
- Motor vehicle accidents. Many people drive for work, and as long as you are performing your work duties when an injury occurs, the location of the accident in question does not matter when it comes to your right to file a workers’ compensation claim. Additionally, if a third party outside of your work caused your accident, you likely have grounds to file a third-party personal injury claim to enhance your recovery, securing compensation for the damages that workers’ compensation can’t cover.
- Farm accidents. Agricultural work is more hazardous than many people realize. If you work in agriculture or perform any type of farm labor, you could have grounds for a workers’ compensation claim whether you suffered an acute traumatic injury from a tractor accident or other unexpected incident, and you may also have grounds for a claim if you suffered an injury from exposure, such as heat stroke.
- Repetitive motion injuries. Many workers’ compensation claims pertain to injuries acquired over time rather than specific traumatic incidents. If you developed carpal tunnel syndrome or any repetitive motion injury from performing your job duties, this can form the basis of your workers’ compensation claim.
- Factory accidents. Factories are inherently hazardous to workers in many ways. If your injury resulted from your employer’s failure to adhere to industry safety regulations or failure to address known safety risks in your factory workplace, a workers’ compensation claim is likely to be your best option for recovering your losses. In addition, you may have a Serious and Willful claim for your employer’s negligent or reckless disregard for inherently dangerous conditions, which your employer should have fixed.
- Explosions. Any explosion is incredibly dangerous. The concussive force of the blast as well as any shrapnel from the explosion are capable of causing tremendous physical harm. Our team can help you determine the cause of the explosion that injured you and guide you through the workers’ compensation claim filing process.
- Stress and mental illness-related issues. California’s workers’ compensation laws do not only apply to physically traumatic injuries, but also mental health disorders arising from one’s work duties and workplace. If you are struggling with a stress-related mental health issue from your work, you likely have grounds to file a workers’ compensation stress claim that may help you recover. Our team can help you prove the scope and severity of your situation so you can secure the compensation you deserve.
If you are unsure whether your injury qualifies for workers’ compensation benefits, the main determining factor is whether you were performing work-related duties when the injury occurred. Note that California law does not require workers’ compensation insurance to cover injuries sustained while commuting to or from work. However, if you drive as part of your job and suffer an injury in an accident, it would be a covered event.
Proving that an acute injury is the direct result of your work is typically straightforward, but if you are claiming workers’ compensation benefits for an acquired injury or illness that gradually manifested over time, it is more challenging to substantiate. Your Orange County workers’ compensation lawyer will assist you in gathering the evidence needed to show that your claimed medical condition directly resulted from your job duties and/or work environment.
FAQs About Orange County, CA, Orange County Workers Compensation Laws
WHAT DO I NEED TO DO IF I AM INJURED AT WORK?
There are important steps you should take to protect your health and preserve your legal rights. Seek medical attention if you suffered a serious injury, or even if your injuries seem minor. You must report your accident or injury to your supervisor. Follow up with treatment – medical documentation is critical to your workers’ compensation claim. Seek legal counsel to protect your rights.
WHAT BENEFITS DOES WORKERS’ COMPENSATION PROVIDE?
If you are injured on the job, your employer pays for all related medical expenses. Your employer also provides wage benefits until you are able to return to work. If you have a lasting impairment or disfigurement, you may be entitled to payments for partial disability. If your injury prevents you from returning to work, you could qualify for total disability benefits.
CAN I SEE MY OWN DOCTOR FOR A WORKPLACE INJURY?
You can seek treatment with your own doctors only if you submitted a “pre-designation” request to your employer before the injury. Otherwise, you must choose from a list of physicians approved by your employer. Those “preferred” doctors are not always objective in their assessment of injuries. This is another reason to contact a workers’ compensation lawyer, especially if they try to send you back to work before you are fully recovered.
CAN I SUE MY EMPLOYER INSTEAD OF FILING FOR WORKERS’ COMP?
CAN I GET WORKERS’ COMPENSATION FOR A VEHICLE ACCIDENT?
WHAT IF MY WORK INJURY WAS NOT CAUSED BY A SPECIFIC ACCIDENT?
WHAT CAN I DO IF MY WORKERS’ COMPENSATION CLAIM IS DENIED?
Employers or their insurance carriers may deny claims for failing to report a workplace accident or incomplete paperwork. They may dispute that the injury was work-related. You have the right to appeal a denied claim, denial of medical treatment, a reduction in benefits or a termination of your disability claim. Consult a lawyer who primarily handles workers’ compensation claims.
WHAT OTHER QUESTIONS DO YOU HAVE?
Contact Our Orange County Workers' Compensation Lawyers Today
The team at Diefer Law Group has years of professional experience handling these and many other employment cases on behalf of clients throughout Orange County and Southern California. The workers’ compensation claim process may seem straightforward at first, but it is common for injured workers to face unexpected complications with their claims that they do not know how to address on their own. Similarly, many are unaware of their rights in terms of the compensation available to them. Our team will assist you in filing your claim and securing the maximum benefits possible.
DON’T LEAVE COMPENSATION ON THE TABLE
MEDICAL BILLS AND YOUR WORKPLACE INJURY CLAIM
Many workers wonder how they will be able to pay their medical bills if the insurance company delays or fights them. Some employees have been told, falsely, that they must pay the bills and wait to be reimbursed. California Labor Code states that “If an employee has filed a claim form …, a provider of medical services shall not, with actual knowledge that a claim is pending, collect money directly from the employee for services to cure or relieve the effects of the injury for which the claim form was filed …” It can be difficult to navigate the claims process. We can help. When we take your case, we step between you and your employer and you and the insurance company. We review everything that comes your way to ensure that you are only paying what you are legally obligated to. We stand up for your rights. We pursue any and all compensation due to you. We will determine who the insurance company is, pursue authorization and demand that you are provided with a list of doctors or providers you can see.
IS CALIFORNIA A NO-FAULT WORKERS’ COMPENSATION STATE?
It’s common for employees to injure themselves at work, and it is a common misconception that if you cause your own work injury, you cannot claim benefits through your employer’s workers’ compensation insurance. This is not true, and it is possible for you to have caused your own injury and still qualify to file a claim. However, there are some exceptions to this, and it’s vital to understand how fault could factor into alternative avenues of legal recourse after your injury.
As long as you caused your own injury through an honest mistake while working in good faith, you still qualify to file a workers’ compensation claim. However, a workers’ compensation insurance carrier could deny you coverage if the facts show that you were hurt while engaging in horseplay at work, working under the influence of drugs or alcohol, or if you willfully violated workplace safety regulations.
If you intend to pursue any type of civil suit in addition to your workers’ compensation claim, any shared fault you hold will significantly impact your recovery. The state upholds a pure comparative fault rule that applies to any personal injury claim in which the plaintiff shares liability with the defendant. If this applies to your situation, your fault percentage will be subtracted from your final case award as a penalty.
HOW MUCH DO WORKERS’ COMP LAWYERS CHARGE?
It’s understandable to have concerns about the potential cost of hiring an attorney to help you with your workers’ compensation case. Many people mistakenly believe that legal counsel is prohibitively expensive, especially when they are already struggling with financial strain from their injury. However, legal expenses will be no cause for concern when you choose the Diefer Law Group to represent your case.
Our firm accepts workers’ compensation cases on a contingency fee basis. This means our client is not required to pay any upfront legal fees, nor are they charged ongoing attorneys’ fees throughout their proceedings. Instead, our fee will be a percentage of the final settlement we secure on our client’s behalf, but we only collect this fee if we win their case. If we are unable to obtain compensation for you, you pay nothing. Our fee is contingent upon our success.
THE CLOCK IS TICKING ON YOUR CLAIM
If you or a loved one has suffered a work-related injury, you have much to gain and nothing to lose by speaking to one of our compassionate lawyers. Contact us today for a free consultation. Call 888-301-7795 to speak with a member of our team.