Temecula Workers’ Compensation Lawyer
Temecula Workers’ Compensation Attorney
You never know when a workplace accident could strike and whether that incident could result in a serious injury. If you ever find yourself dealing with a workplace injury, it is vital that you take the proper steps to protect not just yourself but your future claim as well. One way to aid in your recovery is to apply for workers’ compensation benefits. Filing for workers’ comp can be a good way to stay financially sound. A Temecula workers’ compensation lawyer can guide you through the application process.
Filing for Workers’ Comp in California
California uses a no-fault compensation system for workers’ compensation benefits. Essentially, to qualify for workers’ comp benefits, an injured employee only has to establish that their accident happened at their workplace or as a result of their job. They don’t have to prove fault, even if the fault lies with their employer. In return for their workers’ comp benefits, employees cannot take legal action against their employer.
The no-fault compensation system generally benefits both parties. The employees have an easier avenue for seeking compensation for their workplace injury. The employers don’t have to worry about being held accountable for further damages in civil court. California’s extensive labor laws and comprehensive workers’ comp benefits all work together to provide a great deal of support to injured employees who are in dire need of assistance following an injury in the Temecula.
California’s system is designed to help injured employees obtain the medical care and financial resources they need, which allows them to recover from their injuries and eventually re-enter the workforce. The state’s labor code requires that every company in California that employs at least one other employee must carry workers’ comp insurance in case one of their employees suffers an unfortunate workplace accident.
Going Through the Claims Process
Many different factors may influence how the workers’ compensation claims process may work for you. These include:
- The severity of your injuries
- The company you work for
- Your company’s insurance carrier
- The response your company has to your claim
- Whether you have a workers’ comp lawyer by your side
It is vital to your claim that you understand every potential step in the claims process, as that can make it easier for you when you have to apply for workers’ comp:
Having an Accident
Get Help
Tell Your Employer
You are going to have to notify your employer of your accident as quickly as you possibly can. Your employer needs to be kept informed of this entire process from the start, as their involvement will be vital to getting your benefits approved. When you tell your employer about your involvement in a workplace accident, they will give you a workers’ compensation claim form for you to fill out.
It is important that you fill out this form and return it to your employer promptly. Your employer’s insurance claims administrator will then start reviewing your workers’ comp application. They will determine the validity of your claim and whether you should receive these benefits.
Get a Doctor
Wait for the Response
While you wait patiently for a response from the claims administrator, they will be going through your application to determine a response. They will look through the evidence you have presented and reach a conclusion. Ultimately, it will be the claims administrator who decides the outcome of your case.
If your claim is accepted, then you will receive your benefits without further delay. If your claim is denied, then the administrator has decided that, based on your application, your case isn’t strong enough to warrant workers’ comp benefits. If your claim is denied, you should reach out to a workers’ comp lawyer. They can work on your appeal and try to figure out exactly why your claim was denied.
Continue Treatment
Disability Benefits
FAQs
Q: How Much Do Workers’ Comp Lawyers Charge in California?
A: A workers’ comp lawyer in California will typically work on a contingency fee basis. Lawyers’ fees are constantly changing to reflect the market. Certain factors have to be taken into consideration when a lawyer decides on their fee, including their experience, education, availability, and the amount of resources they may have. However, lawyer’s fees in workers’ comp cases are capped by the state.
Q: What Is the 90-Day Rule for Workers’ Comp in California?
A: The 90-day rule for workers’ comp in California refers to the amount of time that your employer’s insurance company has to accept or deny your workers’ comp claim, which is 90 days. If your employer’s insurance company does not respond to you within 90 days, it is generally assumed that they accepted your claim. Still, you may want to reach out to confirm that this is the case. Usually, your claim will be accepted.
Q: What Are My Rights Under Workers’ Compensation in California?
A: Under workers’ compensation laws in California, you are afforded quite a few rights that will protect your claim and make sure that you receive the benefits you deserve, assuming your claim was filed correctly. In California, all you have to prove is that you were injured on the job. If you can prove that, you may be entitled to medical care reimbursement, disability benefits, and supplemental job displacement benefits. Your family would also be entitled to death benefits if the worst-case scenario occurs.
Q: What Is the New Workers’ Comp Law in California?
A: Under California’s most recent workers’ comp laws, employers must cover all medical expenses related to an injury sustained from a work accident. This includes:
- Ambulance rides
- Doctor’s office visits
- Medication costs
- Surgery costs
- Rehabilitation costs
- Physical therapy costs
- Any other medical treatment connected to the injury
The injured worker won’t have to pay anything out of their own pocket for this.
Reach Out to a Workers’ Comp Lawyer Today
Being injured at work can be a traumatic experience that could cause you life-altering injuries. You may be counting on your workers’ comp benefits to keep you stable during your recovery. If your claim is denied, you may be somewhat terrified of what to do next. A workers’ comp lawyer can work on your appeal and continue to fight for your proper benefits. After all, you might struggle with your recovery if you’re worried about your benefits.
Diefer Law Group, P.C., can provide you with quality legal assistance throughout this trying time and help you work out what to do next in your pursuit of workers’ comp benefits. We can strengthen your case, draft an appeal, and make sure you aren’t taken advantage of by your employer or any insurance companies. Contact us today to speak with a valued team member.
Temecula Practice Areas
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