Orange County Workplace Back Injury Lawyer
Orange County Workplace Back Injury Attorney
Any type of injury at work can be painful and debilitating, but this is especially true for back injuries. Not only can back injuries at work be excruciating, but they also often cause long-term damage, require extensive medical care, and leave the victim susceptible to further injury in the future. An experienced Orange County workplace back injury lawyer could help determine your most viable recovery options if you recently experienced this type of injury at work.
One of the most commonly cited obstacles facing employees who must pursue legal recourse against their employers is the state’s at-will employment law. Under this law, any working relationship continues at the will of both the employee and the employer. Either party may end the working relationship at any time, with or without prior notice. Many interpret this law to mean that an employer can fire an employee whenever they like for any reason or no reason at all. However, the at-will employment law does not allow an employer to fire an employee for an illegal reason, such as discrimination of any kind or retaliation against a legally protected action.
Helping Clients Recover From Back Injuries at Work in Orange County, CA
The team at the Diefer Law Group has extensive professional experience handling many types of workers’ compensation cases in Orange County, including back injury claims. We know how painful and debilitating these injuries can be and that you are likely to have many important legal questions in the aftermath of this type of incident. With our firm’s assistance, you can approach the recovery process with confidence and peace of mind.
Our team can review the details of how your accident happened and help determine the full extent of the recovery options available to you. Depending on how your injury occurred, a workers’ compensation claim through your employer may not be your only option for recovering compensation. Our goal for every client we represent is maximum recovery in the shortest possible timeframe.
You may be entitled to more compensation than you initially realize, and attempting to handle all your legal affairs while struggling with your medical complications would be very challenging. Instead of risking your recovery and making an already challenging situation worse, reach out to experienced legal counsel you can trust to help you through your recovery. The Diefer Law Group can provide comprehensive support for every phase of your case.
Filing Your Workers’ Compensation Claim for a Back Injury
If you suffer any type of injury at work, it is vital that you report the incident to your employer as soon as possible. An injured worker technically has 30 days in which to report an injury, but it always behooves them to report it as soon as possible. This will prevent the insurance company from doubting the claim and expedite the worker’s recovery process. Once you report the injury, your employer will provide you with the materials needed to file your workers’ compensation claim.
Back injuries are sometimes very difficult to treat, and it is common for the victim to experience a host of adverse symptoms that disrupt their ability to work and earn income. Facing the legal issues your workers’ compensation claim will entail while also managing your medical affairs can be very challenging. An experienced Orange County workplace back injury lawyer can provide peace of mind and guide you through your recovery process efficiently.
As part of the claim filing process, you will likely need to undergo a medical evaluation from a workers’ compensation physician. They will assess the severity of your injury and assign you a disability rating that will dictate the extent of benefits you receive from the insurance company. If you disagree with their assessment, your Orange County workplace back injury lawyer can arrange for a second opinion from a different doctor.
A workers’ compensation claim in California generally yields two forms of benefits. First, the claimant will receive full coverage for their medical expenses. This includes the cost of any future medical care they need to fully rehabilitate. Second, they will receive disability benefits for the time they are unable to work. Total disability benefits usually equal two-thirds of their average weekly pay and can continue for up to 104 weeks or until they are able to return to work.
Expanding Your Recovery From a Back Injury at Work
If an injured worker has been permanently disabled by their injury, they may qualify for an extension of their disability benefits beyond the usual 104-week limit. Additionally, if any party outside of their work caused the injury, they may have grounds to file a third-party personal injury claim. Success with this civil suit could significantly improve their total recovery.
Workers’ compensation can cover medical expenses and a portion of lost income resulting from back injuries at work. However, a personal injury suit against a liable third party may yield compensation for the victim’s pain and suffering. There is no limit to pain and suffering compensation in most personal injury claims filed in the state, so the victim has the right to claim as much as they believe to be appropriate to reflect the severity of their condition.
Success with any personal injury case requires proving how your injury happened, identifying the party or parties responsible for causing it and proving the full extent of all the damages resulting from their actions. The issue of fault may not come into play much for a workers’ compensation case, but proving fault will be essential for success in a personal injury suit. You will also need to prove the full scope of damages the defendant directly caused.
When you choose the Diefer Law Group to represent your case, we can guide you through the workers’ compensation claim filing process as efficiently as possible. You can rely on our team to resolve any issues you encounter with your employer and/or their insurance carrier, and if you have grounds for a third-party personal injury suit, we can represent you in this civil case as well.
The sooner you contact our firm, the more time we have to develop a legal strategy for you. You have a limited time in which to file a workers’ compensation claim and will face a two-year statute of limitations for a related personal injury suit. The sooner you connect with an attorney, the more time they will have to build a compelling case for you.
FAQs
Q: How Much Compensation Can I Receive for Back Injuries at Work?
A: The total value of any workplace injury claim depends on the severity of the injury and how it happened. A workers’ compensation claim in Orange County can yield compensation for your medical expenses and disability benefits for the time you are unable to work while you recover. If you have grounds for a personal injury suit, you could potentially recover compensation for your pain and suffering, dramatically increasing your total recovery.
Q: Do I Need to Hire an Orange County Workplace Back Injury Lawyer?
A: While hiring legal counsel for a workers’ compensation claim is not a strict requirement, there are several advantages to having legal counsel on your side for this process. Your attorney can guide you through the claim filing process and ensure that both your employer and their insurance carrier handle your case in good faith. They’ll verify that your determination of benefits is fair and help you explore any additional avenues of recovery available to you.
Q: How Long Does It Take to Receive Workers’ Compensation Benefits in Orange County?
A: Your employer’s workers’ compensation insurance carrier is required to process your claim in good faith and in a timely manner. Most claimants receive their determinations of benefits within 90 days of filing their claims, but it’s common for claimants to hear results within 30 days. It’s possible for this timeline to be extended if there are discrepancies with a claim or if the insurance company disputes the claim.
Q: Can I Sue My Employer for an Injury at Work?
A: Workers’ compensation insurance typically protects covered employers from civil liability for their injured workers’ damages, meaning you likely cannot file a personal injury suit against your employer. However, if your employer intentionally caused your injury or if they compelled you to perform a task outside your usual job duties that had virtual certainty of causing injury, these could form exceptions to the usual rule.
Q: What Does It Cost to Hire an Orange County Workplace Back Injury Lawyer?
A: The Diefer Law Group will not add to your financial concerns with overly expensive attorneys’ fees. We take all workplace injury claims on a contingency fee basis, meaning our client only pays a percentage of their final case award as our fee if we win their case. If we are unable to obtain a recovery for our client, there is no fee at all, so there is no financial risk to you in choosing our team to represent you.
CONSULT WITH OUR ORANGE COUNTY WORKPLACE BACK INJURY LAWYERS TODAY
An experienced legal advocate is a tremendous asset after any back injury at work. If you need help recovering workers’ compensation benefits for your injury or exploring additional avenues of recovery, the Diefer Law Group is ready to assist you. You have a limited time in which to file your claim, so contact us today to schedule a free consultation with an Orange County workplace back injury lawyer you can trust with your case.
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