You might be aware that the California workers compensation system pays benefits to qualifying employees, but there are numerous details to know and legal requirements to meet. If you’re questioning whether to get a workers compensation attorney, some guidance is useful.
You should get a lawyer for a work injury in California if your claim is denied, benefits are delayed, your injury is serious, or your employer disputes your case. A skilled attorney ensures you receive the compensation and medical care you deserve under workers’ compensation laws.
The complications are substantial, especially at a difficult time when you’re trying to recover and return to work. I’m a California workers compensation attorney with an extensive background representing injured workers with a wide range of work-related medical conditions, so you can feel confident that your case is in good hands. You can also read on for some important information about your rights.
What is a Work Injury in California?
A work injury in California refers to any work related injury, illness, or condition that arises out of and during the course of employment. This includes physical injuries, such as:
- Traumatic brain injury (TBI), concussion, and other head trauma
- Slip and falls
- Repetitive stress injuries
- Equipment-related accidents
- Occupational illnesses like respiratory conditions caused by workplace exposure
California’s workers’ compensation law covers employees who are injured at work, so that they receive appropriate medical treatment and benefits. Determining if your condition qualifies as a work injury often depends on the specific circumstances and evidence available.
Do You Need a Lawyer for Every Work Injury?
Not every work injury or illness requires legal assistance. For minor injuries where claims are processed smoothly, hiring a lawyer may not be necessary. Plus, you might not require legal counsel if you’re back to work promptly.
However, cases involving denied claims, disputes over medical treatments, or insufficient compensation might benefit from legal representation. Workers dealing with severe injuries, long-term disabilities, or employer retaliation are particularly advised to consult a lawyer. Legal counsel means your rights are upheld and that you receive the compensation you deserve.
When Should You Contact a Lawyer for a Work Injury in California?
Contacting a lawyer early is crucial when your work injury involves complications. Seek legal advice if:
- Your claim is denied
- Your employer disputes your injury
- You encounter workplace retaliation for filing a workers’ compensation claim
- Your injury results in permanent disability
- Your benefits are delayed
- You face pressure to return to work prematurely
- You’re offered a settlement that seems unfair
Additionally, if your injury involves third-party liability or long-term disability, consulting an attorney can provide clarity on your options. In California, strict deadlines apply for filing claims, so prompt legal guidance helps with compliance and maximizes your benefits.
What Are the Benefits of Hiring a Lawyer for a Work Injury?
Hiring a lawyer for a work injury can provide significant advantages. Attorneys who focus on workers’ compensation cases understand California’s complex laws, so they can maximize compensation in many ways:
- They can help you secure appropriate benefits for your injuries and situation.
- A workers’ comp lawyer will negotiate settlements with insurance companies with your best interests in mind, enabling fair treatment.
- Workplace accident attorneys can also handle disputes with your employer and/or insurance company regarding coverage or medical care.
- It’s critical to have legal counsel to assist with gathering evidence to strengthen your case.
If necessary, a California workers’ compensation lawyer will represent you in hearings before the California Division of Workers’ Compensation (DWC). Plus, for workers’ comp claims that go to appeals, it’s beneficial to have an attorney by your side throughout the appeals process.
With legal representation, you avoid common mistakes with workers’ comp claims. You’ll also reduce the risk of claim denials or delays, which helps you focus on recovery.
What Does a Work Injury Lawyer Do in California?
A work injury lawyer in California advocates on behalf of employees injured on the job, guiding them through the claims process. They investigate and evaluate the details of your injury and collect evidence as factual support. Your attorney knows relevant laws and deadlines for timely claim filing, which protects your rights.
You can also rely on your lawyer to gather medical records, communicate with insurers, and discuss settlement options to secure fair compensation. In cases of disputes, a lawyer will represent you in court or workers’ compensation hearings. Their role is to provide legal services and support so your claim is handled effectively.
What Are the Signs You Need Legal Help for Your Work Injury Claim?
Certain indicators points to the need for legal help in a work injury claim. Some signs that your claim is not proceeding smoothly are:
- Your employer or their insurance company denies the claim
- You encounter a delay in receiving benefits
- There are disputes over the nature of your injuries, severity of the trauma, or medical treatment
- You suspect misconduct by your employer or insurance company
Consulting a lawyer is vital in these situations, and legal assistance is essential if your medical treatment is restricted or limited. Workers facing retaliation or termination after filing a claim should also seek legal guidance. A lawyer protects your rights and sees that your claim progresses fairly.
How Long Do You Have to File a Work Injury Claim in California?
Injured workers typically have one year from the date of injury to file a workers’ comp claim with the California Workers’ Compensation Appeals Board. Failing to adhere to this deadline, known as the statute of limitations, may result in losing your right to benefits. Exceptions exist for certain injuries, such as those caused by repetitive stress or occupational illnesses.
In California, there are additional deadlines that apply to workers’ compensation cases. You are required notify your employer about the injury within 30 days of a workplace accident. There are also statutes of limitations if you aim to file a lawsuit in civil court. You must sue within two years of the injury, or one year from the date of discovery if the injury was not immediately discovered.
What Compensation Can You Receive for a Work Injury in California?
Workers injured on the job in California may be entitled to various forms of compensation. These benefits aim to provide financial resources, while also supporting you in getting back to work as soon as your injuries and treatment permit.
Workers’ comp benefits may include:
- Medical benefits to cover all costs that are reasonable and necessary for treatment
- Temporary disability benefits for lost wages
- Permanent disability benefits for lasting impairments
Vocational rehabilitation and supplemental job displacement benefits may also be available if you cannot return to your previous job. The exact compensation depends on the injury’s severity and circumstances.
A lawyer will leverage the law and the facts of your case to pursue the full amount of benefits to which you are entitled.
Can a Lawyer Help if My Claim is Denied?
If your workers’ compensation claim is denied, a workers’ comp attorney can provide critical assistance. Some reasons claims are often denied include:
- Lack of evidence
- Allegations that the employee is not covered
- Disputes over injury severity
- Missed deadlines
A workplace accident lawyer will tackle several tasks to appeal a denial, starting with reviewing the denial, identifying errors or missing documentation, and appealing the decision on your behalf. Attorneys gather evidence, such as medical records and witness statements, to strengthen your case. They also represent you during hearings or settlement negotiations.
A lawyer’s legal background improves your chances of reversing a denial and securing the benefits needed for recovery.
How Much Does It Cost to Hire a Work Injury Lawyer in California?
In California, most work injury lawyers operate on a contingency fee basis. There are no upfront costs to you, and they only receive payment if they win your case. Typically, the fee is a percentage of the benefits recovered, as regulated by state law. The amount is up to 15% of the total benefits recovered, but it must be approved by a workers’ compensation judge.
The law requires attorney fees to be fair and reasonable, and it helps protect workers from excessive charges. It also enables injured workers to afford legal representation without advancing large amounts. Discussing fee structures during your initial consultation provides clarity and helps you understand the financial aspects of hiring a lawyer.
Contact a San Jose Workers’ Compensation Lawyer Today
While this overview is useful, it’s no replacement for solid legal representation. The attorneys at Scher, Bassett, & Hames have decades combined of experience helping injured workers overcome the toughest challenges in their workers’ compensation cases.
Whether you’re facing a denied claim, delayed benefits, or complex legal hurdles, our team has the dedication to secure the outcome you deserve. Call us today at 408-739-5300 for a free no-obligation consultation and take the first step toward protecting your rights and future.
Related Content:
- What Benefits Can You Get From Workers’ Compensation in California?
- How to File a Workers’ Compensation Claim in San Jose
- How Much Do Workers Comp Lawyers Charge in California? (2024 Rates)
- Understanding Workers’ Compensation Claims
FAQs About Work Injury Settlements
How long do I have to sue for work-related injuries in California?
Exceptions may apply in cases involving latent injuries or occupational illnesses, so it’s essential to consult a lawyer to determine the specific deadlines that apply to your case.
What percentage does a workers' comp attorney get in California?
These fees are regulated by California workers' compensation law and must be approved by a judge. This arrangement enables legal representation to be accessible without requiring injured workers to pay upfront costs.
What is the 90-day rule for workers' comp in California?
This rule protects employees by encouraging prompt action from insurers. Workers should check to see that all necessary forms and medical documentation are submitted on time to benefit from this provision.
How long does it take to settle a workman's comp case in California?
Factors like medical treatment completion, disability evaluation, and negotiation of settlement terms affect the timeline. An experienced attorney can help streamline the process and move your case forward efficiently.
