Workers Compensation Lawyers In Santa Ana
The California Worker Injury Law Center has built its practice by focusing on representing Santa Ana’s workers and residents who have been injured while on the job. We are a longstanding firm of Santa Ana workers compensation lawyers ready to help our clients who have suffered workplace injuries get the benefits to which they are entitled under California law, including:
- The cost of medical treatment for work-related injuries, including expenses associated with getting to and from treatment
- Temporary disability payments for earnings that were lost while you were recovering from your injury
- Permanent disability payments for workers who are unable to return to work as a result of their workplace injuries
- The cost of vocational retraining for those workers who cannot return to their previous employment and their employer can’t provide them with another job
- Death benefits for the dependents and spouses of those who died while working
California has a no-fault workers’ compensation system that benefits all employees who were injured on the job, regardless of whether the employer was at fault for the injury. To receive benefits, an injured worker need only show that the injury occurred during the course of their employment duties.
Why Choose California Worker Injury Law Center as Your Workers' Compensation Attorney?
Our firm focuses on providing efficient, effective representation to Santa Ana’s residents and workers in their efforts to secure the workers’ compensation benefits to which they are entitled as quickly as possible so that they can move on with their lives. Our staff specializes in working with injured workers and negotiating with insurance companies to ensure that our clients receive the maximum benefit allowed under California law.
Former clients who have recommended the California Work Injury Law Center to others often cite the knowledge and professionalism of the staff as well as the care and compassion they show to those they represent. In addition, they note that the firm’s staff’s diligence in securing favorable settlements in their negotiations with attorneys representing employers and insurance companies.
The California Work Injury Law Center’s lawyer will only charge you a fee once they have secured your benefits. In other words, they don’t get paid until you get paid.
How Does Workers' Compensation Work in California?
All California employers who employ one or more people must carry California workers’ compensation insurance. The workers’ compensation policies are required to provide employees with coverage for all on-the-job injuries, whether they resulted from a single accident, repetitive motions, or prolonged exposure to harmful conditions. Policies also cover some psychological or stress-related injuries suffered by workers.
While California workers benefit in many ways from the state’s no-fault system that provides benefits for nearly all injuries suffered while working, there is a significant downside to the law for injured workers. That is because in most cases injured employees give up the right to sue their employer for their injuries outside of the workers’ compensation system.
Additionally, injured workers cannot receive compensation for their pain and suffering or lost wages. Instead of lost wages, California will let injured workers collect a permanent disability payment that is equal to the worker’s diminished earning capacity due to the injury.
When to File a Workers' Compensation Claim
Whenever you suffer an on-the-job injury you should report the injury to your employer and, if necessary, seek emergency medical treatment. Under California law, employers must let you seek treatment and are required to provide their workers with access to essential emergency medical care. When you receive treatment for your injuries you should notify the medical staff that they occurred while you were working so it is included in your medical records.
After receiving treatment, you should file a claim with your employer as soon as possible after you were injured or discover that you have suffered work-related injuries. Not all injuries are obvious when they occur, so you should report an injury as soon as you are aware of it. If your employer will not allow you to file a claim following the injury, you should consult an attorney to make sure your rights are protected. You will not be permitted to file a claim after receiving notice that you will be laid off or fired.
Sometimes you will have received benefits for a work injury that gets worse and you need additional treatment or to take more time off to recover. In some cases, it is possible to reopen your case and seek additional benefits so long as the amended claim is filed within five years of the initial injury.
Most Californians understand that workers’ compensation is available to full-time employees who are injured on the job, but other types of workers may also be eligible. For example, the state requires that some temporary and part-time workers receive benefits as well as some independent contractors. Additionally, an injured worker is not required to be a legal U.S. resident to receive workers’ compensation benefits.
What to do
Notify the employer within 39 days of the injury. This should be in writing so it is documented. Once the employer is notified they will have the chance to look into the claim and either accept or deny it.
The employer MUST provide you with a claim form(DWC1) it is essential that you document the date and time isn’t the nature of your injury. List all the body parts that are hurt as a result of the damage. Turn the form in to your employer.
The employer will send the form to their insurance company. The insurance company will send you a packet containing all of your rights under workers’ comp law in California.
In most cases, you have a year to file a claim. The insurer has 90 days to accept or deny the claim. During this time you are entitled to receive medical treatment.
If you are hurt during the duties of your job you are eligible for workers’ comp. I’m almost all instances workers can file a claim if they were injured performing their work duties. The claim must be filed within one year of the injury.
We have successfully negotiated many large settlements for our clients from small to large-sized employers in Santa Ana. We aren’t afraid to go up against the big-name employers that all of us have heard of. We aren’t intimidated by their lawyers and insurance companies. We fight tooth and nail for our clients in each and every case. Our results speak for themselves, and we know we have satisfied clients by the referrals they give us after we have settled their cases.
At the end of the case, your attorney and the insurance company will negotiate a settlement on your behalf. The amount is based on a number of factors including the nature of your injury, how long you’ve been employed at your job, your job title, and numerous other factors. This is where our firm really shines. We have worked on both sides of worker’s compensation and know how to negotiate very favorable settlements for our injured clients.
When a workers’ compensation claim is denied by an insurer it is often for one of the following reasons:
- The claimed injury did not require medical treatment
- There wasn’t enough evidence that you were injured
- The injury was not related to your job
- You can return to work
If your claim is denied you can still file an appeal with the Workers’ Compensation Appeals Board. When filing an appeal you should seek the assistance of an experienced lawyer because the insurance company and your employer will have attorneys representing them before the board.
Rae always puts her clients first. Many times we take over cases from other attorneys that hadn’t spoken to their clients in over a year, sometimes longer. Other times the settlement offer was extremely low. Some attorneys just want to move on to their next case and don’t get the most value for their clients.
Having worked on both sides of workers’ compensation Rae knows what the other side is thinking and what strategies they use to minimize the settlements. Having someone like Rae on your side will help you rest easy knowing that she is going to fight for every last dollar and benefit you are entitled to.
It is in your best interest to have an attorney by your side when you have a workers’ comp case. There are many rules and regulations that your employer and their insurance companies will use to minimize your injuries and ultimately your settlement. Without an attorney, you may not know what is in your best interest. You may sign away your rights not knowing that you have an alternative. Many times employees think their employer will “take care of them” only to find out that they have denied their claim or minimized their injuries and ultimately the employee is left hurt, with medical bills and little to no settlement. We fight for you and take care of everything from arranging doctor visits to all court filing and negotiating the best settlement possible on your behalf. Don’t risk going at it alone l. We have seen too many cases where an employee tries it and it ends in disaster.
Santa Ana Office
California Work Injury Law Center