Riverside Workers’ Compensation Lawyer
Riverside Workers’ Compensation Attorney
Experienced Legal Counsel for Riverside Workers’ Compensation Claims
Filing a claim for workers’ compensation benefits is very similar to the process of filing any other type of insurance claim. However, the claimant faces the added complication of their employer’s involvement, and there are additional variables that might arise and complicate their efforts to recover from their injury. If you are struggling with any work-related injury, a Riverside workers’ compensation attorney is an invaluable asset for every stage of the recovery efforts you must attempt.
Diefer Law Group is a team of experienced attorneys with the skills and resources you need on your side during the difficult proceedings ahead of you. Our firm has handled many work injury cases in the past, helping our clients to not only navigate the workers’ compensation claim system more fluently and with better results, but also addressing related legal matters. You may have more options for recovering from your work injury than you realize at first, and our firm will help you explore these options to maximize your compensation.
Why You Need a Riverside Workers’ Compensation Attorney
It’s technically possible to file a workers’ compensation claim in Riverside without legal counsel, but you will have a much easier time with the process if you have legal representation you can trust. Your attorney can streamline the claim filing process in various ways, from helping with the initial filing of your claim forms to gathering supporting evidence you may need to counter disputes from the insurance company.
Remember that there is no insurance company that has any incentive to pay out on your claim. Most insurance carriers, including workers’ compensation insurers, will look for any and all reasons they can find to reduce a settlement offer or deny a claim outright. Having legal representation assist you with your claim significantly reduces the chances of the insurance company attempting any unethical handling of your case.
It’s also possible to encounter legal issues with your employer, such as retaliation against your claim or even wrongful termination. Diefer Law Group not only has extensive experience handling workers’ compensation claims but also a wide range of employment law cases as well. This enables our firm to provide comprehensive legal representation for every aspect of your work injury case, including civil claims against employers that do not abide by state law in their handling of employees’ requests for workers’ compensation claim forms.
Whatever your individual case involves, when you choose Diefer Law Group to represent you, you will have a dedicated legal advocate ready to answer questions and address any concerns as they arise throughout your recovery efforts.
ELIGIBILITY FOR WORKERS’ COMPENSATION BENEFITS IN RIVERSIDE
California law requires almost every employer to have workers’ compensation insurance, and almost every employee is qualified. There are some exceptions, such as independent contractors and some part-time and seasonal workers. Your employer is legally required to disclose your eligibility status so you know what to expect if you sustain an injury while working. Unfortunately, some employers intentionally misclassify their employees.
If you believe you have been misclassified as an independent contractor or another designation so your employer can minimize their insurance liability, it is important to talk to an experienced workers’ compensation lawyer in Riverside as soon as you can. Additionally, if your employer has claimed that your specific injury or medical condition does not qualify for workers’ compensation benefits, your attorney can help you resolve these issues as well.
As long as your injury happened while you were working, you qualify to file a workers’ compensation claim. This also applies to illnesses and medical conditions acquired over time. You will need to prove that your condition developed solely from your work and not some other cause and this could be challenging in some cases. Your legal team can help gather the evidence you may need to assert the exact cause of your condition.
It is important to remember that you could disqualify yourself from workers’ compensation benefits if you caused your own injury through a willful violation of workplace safety rules, by engaging in horseplay at work, or by working under the influence of drugs or alcohol. This liability would also negatively impact your ability to pursue a third-party claim as well as your workers’ compensation claim.
What to Expect in the Workers’ Compensation Claim Filing Process
Once your supervisor becomes aware of your injury, they are required to document it in a formal incident report. You will likely need this report later to file your workers’ compensation claim. In addition, your employer must provide you with the claim forms you need and a list of local doctors you can visit for your disability assessment. While you can see any doctor in an emergency, you must undergo a medical examination from a physician approved by your employer’s workers’ compensation insurance carrier and have them evaluate your condition.
The workers’ compensation doctor will assess your injury and assign a disability rating. This is a numerical indicator of the severity of your injury and the likelihood of future disabilities and other medical complications arising from it. It is also a measure of the functional capacity you retain, or your ability to continue working. The higher your rating, the more you can claim in benefits. If you disagree with the first doctor’s assessment of your condition, state law gives you the right to seek a second opinion. Your Riverside workers’ compensation attorney can help you resolve any issues that arise during these preliminary stages of your recovery process.
You will need to submit a copy of the incident report from your injury, medical reports from all the physicians who treated you, and various other documents to the workers’ compensation insurance carrier to proceed with your claim, but your Riverside workers’ compensation attorney will help you with this process. Once the insurance company receives this documentation, it will begin investigating your claim. Then, if approved, it will deliver a determination of benefits that outlines the compensation you can expect and for how long.
Benefits Workers’ Compensation Provides in Riverside
Workers’ compensation exists for two reasons. First, it provides an economic safety net and job security to an injured worker. They can typically expect full medical expense coverage. Ongoing disability benefits would also be available for them until they can start working again. Second, workers’ compensation insurance protects employers from civil suits from injured workers. You cannot file a personal injury claim against your employer for a workplace injury except under specific conditions.
When it comes to medical expense coverage, the workers’ compensation insurance company should cover any and all medical care you require to reach maximum medical improvement from your injuries. This includes not only immediate health care costs following your injury but also future medical expenses to help you manage symptoms and rehabilitate to full functional capacity. Disability benefits are more variable and awarded based on the level of the claimant’s disability and how much income they earned prior to their injury.
Some claimants are awarded partial disability benefits. If you are able to work but must take light duty or otherwise cannot earn as much income as you did prior to your injury, partial disability benefits can help offset the difference in your earning power. You must provide updates on your recovery and report your earnings to the insurance company to maintain your eligibility for partial disability benefits.
If you cannot work at all as you recover from your injury, you are more likely to receive temporary total disability benefits. These benefits are usually paid at a rate of about two-thirds of your weekly income each week for up to 104 weeks. Claimants who suffer severe injuries can qualify for extended benefits payments. Your Riverside workers’ compensation attorney will be invaluable for securing as much as possible in your disability benefits. If for any reason the insurance company offers a much lower settlement than expected, your attorney can help you negotiate a fairer resolution to your claim.
VOCATIONAL REHABILITATION BENEFITS IN RIVERSIDE
Some injured workers are unable to return to their previous jobs due to the severity of their injuries. These individuals sometimes qualify for permanent disability benefits, but only if they are completely unable to work in the future. If your condition leaves you unable to return to your previous job but you are medically capable of handling alternative work, you may be able to claim vocational rehabilitation benefits.
These benefits essentially cover the cost of new job training. In most cases, these benefits only apply to other positions within your current organization. You may be able to move to another department with the same employer or assume alternative job responsibilities. These benefits can cover the cost of training and provide an economic cushion as you adjust to your new responsibilities.
Pursuing Further Recovery
Workers’ compensation insurance usually protects employers from civil liability for their employees’ injuries at work. However, if they do not have workers’ compensation insurance as required by state law, they have no such protection and you could file a personal injury claim against your employer in this situation. Alternatively, you would also have grounds for a civil claim if your employer caused your injury intentionally, or if the injury resulted from their failure to appropriately address a known safety issue in your workplace.
It’s more likely to have grounds for a personal injury claim against a third party. If any party outside of your place of employment caused your injury you could still file a workers’ compensation claim as long as the injury happened while you were performing work-related duties. However, you would also have the right to file a personal injury claim against a third party to seek compensation for any damages that workers’ compensation insurance doesn’t cover. For example, workers’ compensation benefits may only provide up to two-thirds of your usual income, and you could recover the remainder through your personal injury claim. You could also secure pain and suffering compensation to reflect the severity of your injury and the future medical complications it is likely to cause.
If you have grounds to file a personal injury claim, success with this claim could significantly increase your total recovery. However, the issue of fault could impact your case award. While it is possible to qualify for workers’ compensation benefits after causing your own injury, if you are found partially liable in a personal injury case, the state’s pure comparative fault rule applies, and you will lose a percentage of your case award to reflect your shared fault.
FIND RELIABLE LEGAL COUNSEL IN RIVERSIDE
Ultimately, your work injury case may be complex, but you could be entitled to a greater recovery than you initially expected. The right attorney can help unlock the full potential of your claim and maximize the compensation you receive. Your Riverside workers’ compensation lawyer can guide you through every step of the claim filing process and help resolve any unexpected issues you encounter.
Diefer Law Group aims for maximum client recovery in every case we accept. We know the challenges you are likely to face in the workers’ compensation claim filing process and related legal proceedings. Our team will advise you as to the legal mechanisms most likely to influence your recovery efforts; we will also provide comprehensive legal representation in all related matters, such as a retaliation case against your employer and/or a personal injury claim against the party responsible for your injury.
FAQs
Q: How Long Does It Take to Receive Workers’ Compensation Benefits in Riverside?
A: If you file your workers’ compensation benefits claim in a timely manner with the help of an experienced Riverside workers’ compensation attorney, this should streamline your receipt of benefits. As long as no disputes arise between you and the workers’ compensation insurance carrier, you should expect to receive your first benefits check within a few weeks of filing your claim. However, if the claim is denied or the workers’ compensation insurance carrier delivers an unsatisfactory determination of benefits, these issues will increase the time it takes for you to receive your benefits.
Q: How Long Can I Continue Receiving Workers’ Compensation Disability Benefits?
A: Most claimants who qualify to receive temporary disability benefits can continue receiving weekly payments for up to 104 weeks. However, if they suffered a severe injury this could be extended to 240 weeks. There are specific injuries that qualify for the extended 240 week period. In the event the claimant has sustained a life-changing permanent disability they could be eligible for lifelong disability benefits. Your Riverside workers’ compensation attorney will work to assist you in maximizing the benefits you obtain from your work injury claim.
Q: Can I Still Claim Workers’ Compensation Benefits in Riverside if I Caused My Own Injury?
A: Causing your own injury at work does not necessarily disqualify you from workers’ compensation. However, if you caused your own injury through intentional misconduct, a flagrant and intentional workplace safety violation, or through illegal misconduct such as working under the influence of alcohol or drugs, these factors may disqualify you from receiving benefits. If you have concerns about any fault you may bear for your work injury, consult a Riverside workers’ compensation attorney as soon as possible.
Q: Do I Really Need a Lawyer to File a Workers’ Compensation Claim in Riverside?
A: Technically, no, there is no legal requirement for you to hire an attorney to assist you with your workers’ compensation claim. You have the right to file your claim on your own if you wish, but you would face several challenges and risks in doing so. For example, you may not know how to handle an unexpected denial of your claim, or you could overlook avenues of additional recovery that you did not know were available to you. Hiring a Riverside workers’ compensation attorney increases the chances of maximizing your total recovery from your injury dramatically.
Q: How Much Does It Cost to Hire a Riverside Workers’ Compensation Attorney?
A: Diefer Law Group ensures our legal counsel is accessible to those who need it most with contingency fee pricing. Under a contingency fee agreement, the client does not pay upfront or ongoing legal fees for their representation. Instead, the attorney takes a percentage of the final settlement or case award they secure for the client, but only if they win the case. This ensures there is no financial risk to the client by hiring our firm to represent their work injury case.
CONTACT US TODAY TO GET A FREE CASE EVALUATION
Diefer Law Group has the professional resources and experience to handle the most challenging work injury cases in Riverside. Throughout the years of our firm’s operation, we have helped many clients overcome some of the most challenging work injury claims and guided them successfully through the workers’ compensation claim process. We can leverage this experience on your behalf, so contact us today and schedule a free consultation with a Riverside workers’ compensation attorney you can trust.
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