Benefits of Hiring a Workers’ Compensation Lawyer
In 2021, there were over 2 million work injuries and over 5,000 fatal workplace injuries in the U.S. If you work in an industry like construction or transportation, you are at a far greater risk of suffering a serious injury or illness while on the clock.
If you were injured on the job, you may be entitled to receive workers’ compensation benefits. However, obtaining these benefits can be a challenging process, especially if your employer or their insurance company disputes your claim or tries to limit your benefits. That’s where a workers’ compensation lawyer can help. Find out how a workers’ comp lawyer can help protect your rights and fight for the compensation you deserve.
What Is Workers’ Compensation?
Workers’ compensation benefits are intended to cover medical bills and lost wages for employees who suffer a workplace injury or become ill while on the job. Workers’ compensation is a no-fault system, which means that injured employees do not have to prove that their employer was negligent in order to receive benefits. Instead, employees are entitled to benefits simply because they were injured while working.
All California employers are legally required to carry workers’ comp insurance for their employees. If an employer fails to carry workers’ comp, they are subject to severe penalties including jail time and steep fines.
How Can a Workers’ Compensation Attorney Help Me?
There are times when you may not need to hire a workers’ comp attorney. If your claim is relatively low value and your employer gives you a reasonable settlement, you may not need a lawyer. However, if your employer denies your claim or you have a pre-existing condition, you may need the help of an experienced workers’ comp lawyer. Here are some of the benefits of hiring a lawyer for your workers compensation claim:
Help you if your workers’ compensation claim was denied
If your workers’ compensation claim was denied, you should not give up hope. It is not uncommon for claims to be denied at first. Your employer or their insurance company may argue that your injury was not sustained at work or they may accuse you of exaggerating or falsifying the injury. An experienced workers’ compensation attorney can help you fight their decision and file an appeal.
Help you secure the maximum benefits
A workers’ compensation attorney will work hard to ensure that you receive the full and fair compensation that you are entitled to. Workers’ compensation covers five basic benefits in California:
- Medical treatment
- Temporary disability benefits (TD)
- Permanent disability benefits (PD)
- Supplemental job displacement benefits (SJDB)
- Death benefits
If your employer doesn’t give you the full benefits that you qualify for, a workers’ comp lawyer can help you negotiate for a more favorable settlement. On average, injured workers who hire a lawyer have a better chance of receiving higher compensation than without legal representation.
Keep your claim on track
You reported your injury and your employer has gone silent. This is a typical scenario that puts workers at a disadvantage. If your claim has been delayed, a workers’ comp lawyer can help speed up the process and get you answers quickly. If possible, it is best to consult with a workers’ compensation attorney immediately after you have been injured. In California, there is a one-year statute of limitations for workers’ comp claims. This means you must file a claim no later than one year after your injury.
Handle negotiations with the insurance company
Your employer’s insurance carrier will want to close your claim as quickly and cheaply as possible. Additionally, insurance adjusters will likely be calling you day and night, causing you an immense amount of unwanted stress. A workers’ comp attorney can handle all communications with the insurance carrier so you can focus on your recovery.
Advise you on a third-party claim
In addition to a workers’ comp claim, you may also be able to file a claim against a third party. A third-party claim is an action against another person or entity responsible for your injury. Let’s say faulty equipment or machinery caused your accident. You would then have the option to bring a claim against the manufacturer.
How Much Do Workers’ Compensation Lawyers Cost?
Most workers’ compensation lawyers work on a strict contingency fee basis. This means that the lawyer only gets paid if they win your case. You don’t have to worry about paying any upfront fees or costs. At the end of your case when you receive your benefits, your lawyer will take a fee for their services. Typically, the contingency fee for workers’ compensation lawyers in California ranges from 10% to 20% of your settlement.
Contact Us For A Free, Confidential Consultation
At Arrowhead Accident Attorneys, our San Bernardino personal injury and workers’ comp attorneys are proud to fight for the rights of injured workers. We have successfully represented injured workers who have suffered from a wide range of injuries, including: traumatic brain injuries, carpal tunnel syndrome, repetitive strain injuries, back injuries, and more. From the moment you contact us, we will begin working hard to get you the compensation you deserve. Our attorneys have the expertise and knowledge of workers’ compensation law in California to win you a favorable settlement. Call us today for a free consultation and case evaluation.