Orange County’s Work Injury Attorney
If you live or work in Orange County and have suffered a work-related injury, you should know that under California’s workers’ compensation law injured workers are entitled to:
- The cost of medical treatment included associated expenses
- Temporary disability payments for work missed as a result of the injury
- Vocational retraining for workers unable to return to their previous job and their employer does not offer them modified employment
- Permanent disability payments for workers who cannot participate in the job market as a result of their injuries
- Death benefits paid to the spouses or dependents of workers who die on the job
Your employer must provide for your medical care if you are injured on the job, regardless of whether you miss any work.
Why Choose Orange County's California Workers Injury Law Center?
Our firm focuses exclusively on helping the people who live and work in Orange County that have suffered workplace injuries to get the benefits to which they are entitled by law. Our skilled staff focuses all of its resources and experience on helping to plan an effective strategy for winning your case. We fight hard for our clients’ rights and we only charge a fee when you receive your money or benefits. In other words, we don’t get paid until you get paid.
Clients who have recommended the California Work Injury Law Center often note the knowledge and professionalism of its staff and how diligently they pursue settlements that provide both the benefits and monetary compensation they need. The firm’s clients have also said its reassuring staff provided them with the confidence necessary to pursue the benefits they needed to recover from their injuries and move on with their lives.
How Does Workers' Compensation Law Work in Orange County?
If you work in California, your employer must pay for your worker’s compensation benefits if you are injured on the job by carrying a workers’ compensation policy no matter how many people they employ. Workers’ compensation covers you regardless of whether you were injured in a single accident or if you suffered an injury from repetitive motions or prolonged exposure to harmful conditions. California also requires coverage of some stress-related or psychological injuries.
California has a no-fault workers’ compensation system that covers employees who have been injured while performing their jobs, regardless of who is responsible for the injury. However, in many cases, you will not have the right to sue your employer for the injury to recover additional damages.
Workers’ compensation benefits are tax-exempt, including cash payments. That is different from other government benefits–like unemployment benefits–where you must pay taxes on the payments you receive.
If you are injured on the job you should report the injury to your employer and seek emergency treatment, if necessary. California law requires employers to make sure their employees have immediate access to emergency medical care. When you receive treatment you should notify the medical staff that your injury was work-related so it is included in your records.
You should also ask for a claim form from your employer as soon as possible after you were injured or discovered that you were injured. If your employer refuses to give you a claim form at the time of the accident you should consult with an attorney. You cannot report an injury after receiving notice that you will be fired or laid off.
If you are already receiving benefits for a minor injury that gets worse, it may be possible to reopen your case, so long as it is within five years of the injury.
While most people believe that workers’ compensation only covers those who have suffered injuries while working as full-time employees, California also provides benefits to some temporary and part-time workers. Additionally, some independent contractors are also eligible. Finally, there is no requirement that an injured worker be a legal U.S. resident to receive benefits in California.
Many claims are resolved without any problems, but the insurance company that provides your employer with its workers’ compensation policy will sometimes choose to deny your claim. Some of the most common reasons for rejecting a claim include:
- The injury did not require medical treatment
- There is insufficient evidence that you suffered an injury
- The injury was not work-related or occurred while working another job
- You can return to your job
If your claim is denied, you still can bring the matter before the Workers’ Compensation Appeals Board. If you appeal to the board, it is generally a good idea to have an experienced workers’ compensation attorney represent you because your employer and its insurance company will have attorneys representing them. An attorney who specializes in workers’ compensation law will be familiar with all of the rules and procedures for bringing a case before the appeals board, help you collect supporting evidence, and ensure that all of your legal rights are protected.
Paying for an attorney to represent you should not be an issue because most California workers’ compensation attorneys are paid on a contingency basis, usually a percentage of the award. That means you do not need to pay for the attorney unless your case is successful.