Hiring dedicated workers’ compensation attorneys significantly increases the chances of securing the maximum compensation needed to receive the necessary medical care. Here are some telling instances of when it is strongly recommended to seek help from a Long Beach Workers’ Compensation Lawyer.
The Benefits of Hiring with a Long Beach Workers’ Compensation Lawyer
Seeking legal help in a workers’ compensation case is beneficial to injured employees for many reasons. The top benefits include getting clients maximum coverage by providing expert guidance, keeping their best interests protected, and avoiding misinformation.
Workers’ comp attorneys understand the legal nuances of workers’ compensation laws and can clarify an employee’s rights and benefits coverage.
Attorneys can ensure that clients receive the full benefits they deserve, including the best medical treatment, wage replacement, and disability compensation if necessary.
Offering clarity through a time of uncertainty is another major benefit of legal representation. Long Beach workers’ comp lawyers can identify and address any misleading information or tactics used by employers or their insurance companies to reduce benefits.
Injured workers can benefit from the professional assistance of workers’ compensation lawyers, as they offer quality legal services to ensure clients receive maximum benefits.
To speak with a legal representative about a workers’ comp claim, please contact Belmont Accident Lawyers and schedule a free consultation.
When to Hire Workers’ Compensation Attorneys
Workplace injuries can leave injured employees confused, frustrated, and facing unfair treatment. Battling insurance companies about workers’ compensation claims is overwhelming, and this added stress can interfere with recovery. If experiencing any of the following scenarios, contact workers’ compensation lawyers as soon as possible.
1. Coverage Is Being Denied
California law mandates that employers provide comprehensive workers’ compensation benefits for any injuries or illnesses sustained in the workplace or that are work-related. Workers’ compensation insurance is intended to cover:
- Medical care: All necessary medical treatment to full recovery
- Temporary disability benefits: Reimbursement for lost wages for time missed due to injury
- Permanent disability benefits: Compensation for lasting impairments limiting the ability to work
- Supplemental job displacement: Training vouchers for career transitions if the previous role is no longer feasible
Sometimes, the legitimacy of a workplace injury is questioned by an employer or their workers’ compensation insurance company. Consequently, this results in workers’ compensation claims being denied and the cost of medical treatment becoming the responsibility of the injured workers.
If an insurance company or an employer is denying workers’ compensation benefits, which is unfortunately common, legal help may be necessary. A Long Beach workers’ compensation attorney protects the rights of injured workers and will assist in securing the full extent of workers’ compensation benefits that are owed.
2. The Injury Has Not Been Reported
An employee failing to report the incident within 30 days can result in losing the right to receive workers’ compensation benefits. However, what happens if it’s actually the employer has not or will not report the workplace injury?
Sometimes, employers do not fulfill their legal obligation to report a workers’ comp accident due to safety violations, lack of insurance coverage, or an attempt to minimize insurance costs. Regardless, the injured individual’s well-being must be prioritized.
Promptly reporting a work-related injury is crucial for both the employee and the employer. This will prevent problems or delays in receiving workers’ compensation benefits, like medical care. In the event of a workplace accident, do the following:
- Immediately report workplace injuries: Notify a manager or immediate supervisor of the event and any injuries suffered
- Obtain a workers’ comp claim form: Request a claim form and promptly complete it
- Monitor timeframe and paperwork submission: Ask for updates on when the claim is filed with the insurance company and next steps
- Seek legal support if necessary: If an employer fails to report the accident, consult a workers’ compensation attorney immediately
The consequences of not meeting the workers’ compensation law to file within the allotted timeframe should not fall on the employee if it is the employer’s negligence that caused the delay.
Experienced legal counsel can ensure that injured employees receive the necessary medical care, financial support, permanent disability benefits, and/or temporary disability benefits following a work-related accident.
3. Experiencing Employer Retaliation
It is illegal and extremely unjust for an employer to retaliate or show unfair treatment to an injured employee for filing a workers’ comp claim. This can take various forms, including:
- Termination: Losing a job solely for filing a claim
- Lack of accommodation: Not adjusting duties to fit recovery needs or physical limitations upon returning to work
- Other mistreatment: Experiencing bullying, harassment, or unfair changes in work environment
Under California law, it is a legal right of an employee to report all incidents and accidents experienced on the job, without the fear of being punished for it.
Employers found guilty of retaliation may face major penalties. Anyone suspecting retaliation after filing a workers’ compensation claim must consult with an experienced Long Beach workers’ compensation attorney.
4. Disability Benefits Have Not Been Received
Recovering from any injury is stressful enough. Fighting for benefits with the workers’ compensation insurance company should not be part of the recovery process.
Employers and insurance companies cannot reduce coverage or minimize compensation for medical bills or lost wages. However, that does not mean that they will not attempt to.
If benefit coverage appears deficient, seek guidance from a workers’ compensation attorney. Settling for minimal coverage can hinder recovery, impacting the long-term physical health and/or mental well-being.
Injured employees are entitled to complete financial and medical support following a workplace accident. When encountering resistance to benefits, legal counsel from a qualified legal professional can be immensely helpful.
5. The Worker’s Comp Filing Process Is Growing Complicated
Navigating the workers’ compensation system can be overwhelming, especially when recovering from an injury. Complex legal processes, intricate insurance policies, and varying personal injury laws leave many confused.
To reduce costs, some employers or insurance companies might exploit this confusion, offering misleading information or withholding workers’ compensation benefits to minimize payouts.
Even the seemingly smallest cost reductions regarding medical expenses, lost wages, temporary disability payments, and other losses can significantly impact an injured worker’s well-being.
If the workers’ comp claims process appears to be overly complicated or if the insurance company is enforcing odd requests, speak with a workers’ compensation attorney.
Injured workers are owed the right to fair compensation after an accident. Don’t hesitate to seek legal help if any discrepancies are suspected or if benefits are being withheld.
What Injuries Are Covered by a Workers’ Compensation Claim?
In California, employers are legally obligated to provide workers’ compensation for injuries or illnesses sustained at work or are job-related. Compensation should be enough to cover both medical expenses and lost wages incurred.
However, there are some exclusions, as not all injuries sustained in the workplace qualify for workers’ comp benefits. This can include self-inflicted injuries, like an injury due to a physical alteration. Another exception is a workplace injury suffered due to an employee being under the influence of illegal substances.
Repetitive stress injuries, occupational illnesses, and injuries sustained during business travel or work-related errands are also covered. If a workers’ comp claim is denied, even for seemingly valid reasons, consult a Long Beach workers’ compensation law firm to ensure these reasons are valid.
Common Workplace Injuries
According to recent data from the National Safety Council, workers’ comp injuries can be broken into three types of occupational “injuries.” Accounting for more than 75% of all non-fatal injuries and illnesses, the following are the most common workplace injuries.
- Exposure to harmful substances: electricity, radiation, traumatic events, and more
- Physical overexertion: non-impact injuries, lifting, pushing, repetitive motion, and more
- Slips, trips, and falls: slip/trip without falling, falling to the ground, falling from a collapsing structure, falling off of something, and more
Contact a Workers’ Compensation Attorney in Long Beach, CA
At Belmont Accident Lawyers, our experienced Long Beach workers’ compensation lawyers know how to handle workers’ comp cases in each client’s best interest.
Our law offices will effectively navigate the legal system and work tirelessly to achieve the best possible outcome.
Let us handle the legal complexities while you focus on your recovery. Contact us today for a free consultation.
