What California Workers’ Comp Lawyers Won’t Tell You? But We Will

Are you wondering what California workers’ comp lawyers won’t tell you? Filing for workers’ compensation can be a confusing and seemingly complicated process, whether after a fall or developing an occupational illness. By hiring an injury attorney with a deep understanding of workers’ compensation, you can receive the settlement you’re entitled to.

It’s Not Inherently Easy to Pursue a Workers’ Comp Claim in California

Securing full and fair compensation is not always a simple process, nor is it guaranteed that you will obtain a satisfying outcome. The main reason for this is that insurance companies treat every case differently, and they often put their greatest efforts into avoiding the need to pay a settlement.

There are numerous factors that impact a workers’ compensation claim, including the following:

• How long after the injurious incident or discovery of harm the employee chooses to take action
• The strength and/or amount of evidence available that speaks to the circumstances leading to their injury
• The degree or extent of harm inflicted
• Whether the person filing has a competent attorney representing their case

Due to these factors, not every workers’ compensation claim may meet the standards necessary to receive full or continuous compensation. Another difficulty that may present itself is that insurance providers are trained to try to get away with providing the minimum payment. Insurance companies are much more likely to attempt these tactics when claimants are not represented by an attorney.

Importance of Strong Legal Counsel and Negotiating With Insurers

It’s understandable to be unsure of whether or not you have a strong workers’ compensation claim, especially since insurance providers can’t provide appropriate payments for every claim they receive. However, that doesn’t mean that you shouldn’t pursue a compensation claim if your injury appears relatively minor. When injured at work, you are entitled to compensation for any medical bills or missed wages, regardless of the severity of your injuries.

For this reason, it’s important to consult with a qualified attorney who can assess the strength of your claim. Your injury attorney can work hard to obtain the maximum compensation that’s both fair and feasible.

The experience and negotiation skills of an injury attorney are additional aspects of workers’ compensation cases that professionals may try to keep secret. A proficient lawyer will have practical experience with negotiations. Despite the tactics insurance companies use to avoid payment, your lawyer should be able to prove your right to the highest possible offer the insurer can provide. It’s vital to hire a lawyer with extensive negotiation experience, as they’ll be more likely to secure a larger settlement.

Your lawyer can achieve a positive outcome by establishing a convincing argument supported by evidence and, if necessary, taking the case to court.

There Are Numerous Afflictions Covered by Workers’ Comp

The numerous types of injuries covered by workers’ compensation are also fairly unknown.  These are the types of injuries that may be covered by workers’ compensation, depending on the criteria and circumstances surrounding the inflicted harm:

• Physical injuries: Burns, fractures, lacerations, and other visibly apparent injuries
• Repetitive stress injuries: Also called cumulative trauma injuries, these develop over an extended period of time instead of resulting from a singular event. An example is carpal tunnel syndrome, and some mental injuries may also fall under this category.
• Occupational illness: These illnesses result from long-term exposure to harmful substances or are inherent to specific occupations. Examples include hearing loss from a continuously loud environment or cancer resulting from handling toxic chemicals.
• Mental injuries: Abnormal stress, trauma, or violence experienced within the workplace. There are also mental-physical injuries, meaning distress caused a physical consequence to occur, and physical-mental injuries, meaning bodily harm yielded long-term negative psychological effects.

FAQs

Do All Workers’ Comp Cases Receive a Settlement in CA?

No, not every workers’ compensation claim will be validated and receive a settlement, with many cases not even reaching the settlement stage. There are multiple reasons for this, but it’s often because most workers have already recovered by the time their claim starts to gain any traction. Insurance companies are more likely to pay settlements for permanent disability or for workers requiring ongoing medical care.

What Percentage Does a Workers’ Comp Lawyer Charge in CA?

The percentage a workers’ comp lawyer charges in California can vary. Many injury lawyers— including those who handle workers’ compensation cases —tend to work on a contingency fee basis, meaning they only receive payment if you receive a settlement. If so, their lawyers’ fee is a percentage of that settlement. The exact percentage will vary depending on the attorney you hire, how complex your case is, and how much they expect the settlement payout to be.

What Is the Five-Year Rule for Workers’ Comp in California?

The five-year rule for workers’ comp in California refers to the amount of time for which a worker can receive temporary disability benefits. These payments begin once your doctor declares you cannot return to work within the next three workdays or if you are hospitalized overnight. They generally stop when you go back to work or when your doctor says your recovery has ceased.

For long-term injuries, you may receive up to 104 weeks (or 240 weeks for severe injury) of payment within a five-year period.

What Are My Rights Under Workers’ Compensation in California?

All Californian employees have the right to receive workers’ compensation benefits if proven to have sustained injury while on the job. Workers also have the right to a fair settlement that includes the costs of their medical treatment and required ongoing care, temporary disability payments for missed work, and permanent disability benefits if their injury affects their ability to return to work or seek new employment.

Dedicated Legal Representation for Injured Workers

At Wiesner English, P.C., our workers’ compensation attorneys have worked on countless cases, providing our clients with educated counsel and effective representation in all meetings and proceedings. We are dedicated to providing you with excellent help and support. Contact our office to schedule a consultation today.