San Diego Elbow Injury at Work Lawyer
San Diego Elbow Injury at Work Attorney
When the average person thinks of the possible injuries they might suffer at work, elbow injuries may not be the first to come to mind, but they can be incredibly painful, sometimes resulting in long-term or permanent complications. If you recently suffered an elbow injury in an accident at work or developed a repetitive stress injury to an elbow, an experienced San Diego elbow injury at work lawyer can help you recover workers’ compensation benefits.
Experienced Legal Counsel for Elbow Injury at Work Claims in San Diego, CA
The attorneys at the Diefer Law Group have years of successful workers’ compensation cases in San Diego behind us because we take time to learn as much as possible about each individual client we represent. When you choose our firm to represent you in a workers’ compensation claim, you are investing in extensive professional experience and a legal advocate who will be available to answer questions and address concerns throughout all stages of your case.
Our goal in every work injury claim we represent is to help our client maximize their recovery in the most efficient possible manner. You can rely on our team to help gather the supporting documentation you will need to submit along with your workers’ compensation claim, resolve any disputes your employer or their insurance company raises against you, and ultimately guide you toward recovering fair compensation for your elbow injury.
Filing Your Workers’ Compensation Claim in San Diego
After you suffer an injury from an accident at work or after you have realized that you have developed a repetitive stress injury from performing your job duties, you should notify your employer of your condition to start the workers’ compensation claim filing process. You need to file the claim with the insurer within one year of the injury or from the date you discovered the injury. You only have 30 days to report the injury to your employer, however.
Once you report your injury, your employer should provide you with the materials you will need to file your workers’ compensation claim. As part of your claim filing process, you will likely need to be examined by a workers’ compensation physician. They will assess the severity of your injury and assign you a disability rating that indicates the severity of your injury, and this rating will influence how much you can receive in workers’ compensation benefits.
The insurance company will review your medical report and other details of your injury as it reviews your claim, and if you are approved, you will receive a determination of benefits. Generally, an injured worker who qualifies for workers’ compensation benefits can expect their employer’s insurance company to pay for all the medical care they need to fully recover from their injury. Disability benefits, however, vary from case to case.
Disability benefits are paid when a claimant is unable to work or unable to earn their usual amount of income due to a work-related injury. If you can still work in a limited capacity, you may receive partial disability benefits to make up for the difference in your income. Otherwise, you may receive total disability benefits each week for up to 104 weeks or until you are able to return to your job.
Your elbow injury at work lawyer can guide you through the various stages of your workers’ compensation claim until you receive an appropriate determination of benefits. Under certain conditions, you may have grounds for additional legal action that could enhance your recovery, and a good attorney in San Diego can help identify and take advantage of any such opportunities.
FAQs
Q: How Do I Prove an Elbow Injury Is Work-Related?
A: You can prove your elbow injury is work-related by securing medical records from your doctor, proving you sought treatment after you developed the injury through your work. It is generally easier to prove that an acute injury occurred from a specific accident than it is to prove you developed a repetitive stress injury solely from doing your job. A San Diego elbow injury at work lawyer can assist you in building your case.
Q: What Compensation Can I Receive for a Work Injury in San Diego?
A: The compensation you could receive for a work injury in San Diego largely depends on the nature and severity of your injury, as well as how long it could take for you to fully recover. A successful workers’ compensation claim will yield two forms of compensation: medical expense coverage and disability benefits. While you can expect full medical expense coverage from your employer’s insurer, your disability benefits will vary based on the severity of your injury.
Q: What Happens if I Cannot Return to My Job Because of My Injury?
A: If you cannot return to your job due to the severity of your injury, you may qualify for permanent disability benefits, or your employer’s insurance policy may include terms for vocational rehabilitation. This essentially means that the insurer may pay for new job training, allowing you to start a new position that you can handle with your disability. Your attorney can help extract maximum value from your claim.
Q: Why Should I Hire a San Diego Elbow Injury at Work Lawyer?
A: You should hire a San Diego elbow injury at work lawyer because you are far more likely to succeed with any workers’ compensation claim when you have legal representation on your side. The right attorney can help maximize your benefits, resolve any disputes raised by your employer and/or their insurance carrier, and efficiently guide you through each step of your case until you reach a positive result.
Q: Can I Sue for an Elbow Injury at Work?
A: You can only sue for an elbow injury at work if your employer does not have workers’ compensation or if a specific party directly caused your injury through egregious negligence or intentional misconduct. It is also possible to have grounds to sue a third party if anyone outside of your work directly caused your injury. You could still file a workers’ compensation claim, but a separate claim against the third party may yield additional compensation.
The team at the Diefer Law Group has the experience and resources needed to resolve the most challenging work injury cases in San Diego, and we are ready to help you with your recovery efforts. If you want to learn more about how a San Diego elbow injury at work lawyer can help you secure workers’ compensation benefits, contact us today and schedule your free consultation with our team.
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