Every year, millions of Americans clock in at their workplaces to earn a living and provide for their families. Unfortunately, thousands of workers across the United States suffer work injuries with serious consequences, some leading to wrongful death in San Bernardino. If you have suffered a work injury, you might be confused about what your next steps should be. A work injury lawyer can guide you and give you information about your rights and entitlements. For more information, the expert lawyers at Hanson & Mouri Personal Injury Lawyers can help you.
If you have suffered a work injury, your workers’ compensation alone, if you have one, may not fully cover your total losses. You should speak with a trusted work injury lawyer who can help you understand your rights and your legal options. At Hanson & Mouri, your initial consultation is free. You pay nothing. So don’t wait, call us today at (951) 419-3199 to schedule your free consultation with one of our expert work injury lawyers.
Like other states, California state law provides for workers’ compensation that requires employers to pay compensation to workers who are injured on the job. Under workers’ compensation laws, workers are not required to prove negligence or fault in order to receive compensation for injuries sustained in the course of performing their duty to their employer.
An employee covered by workers’ compensation insurance must meet certain conditions to qualify for workers’ compensation. Some of the conditions that must be present are:
In California, injured workers are entitled to the following benefits:
This includes reasonable medical expenses related to treating the work injury and related symptoms. Your employer’s insurance company is legally responsible for covering up to $10,000 in medical costs, even if your workers’ comp claim eventually gets denied. However, the treatment must fall under the DWC’s guidelines to be approved.
Payments for two-thirds of your average weekly wages to cover your temporary loss of income while you recover.
If you suffer permanent limitations confirmed by your doctor, then a rating process is used to determine how much your payments will be. The rating process is typically based on the severity of your disability, your age, and your occupation.
Suppose you cannot fully recover or return to work within 60 days after receiving medical confirmation of a partial disability. In that case, you can receive a voucher for up to $6,000 to pay for training or skill enhancement needed to get another position or job.
If a work accident results in a worker’s death, their family will receive death benefits, including $10,000 for burial expenses. The amount depends on how many survivors are eligible for payments.
Employees cannot legally file a lawsuit against an employer, but if a third party was also involved, you may be able to pursue a third-party claim. For example, if one of the following parties contributed to causing your accident, they may also be liable:
A third-party claim is a separate legal action from a workers’ compensation claim that allows you to pursue compensation beyond what workers’ comp will cover. However, the burden of proof will fall on you to prove that another party’s negligence caused your injury. If you are successful, the following types of compensation are commonly available:
Once an injury occurs at your place of work, there are critical steps to take to ensure you recover the benefits and compensation you deserve:
If your injury prevents you from working for an extended period of time, make sure you take the time you need to fully recover. Your employer may also have a return to work program that allows you to ease back into your duties with reduced hours or an altered workload.
If you are unable to report your injury immediately to your supervisor, be sure to do the following:
If necessary, you can have a friend or family member notify your employer of the injury from the hospital or doctor’s office. Notice of an injury must first be given to an employer before you can file a workers comp’ claim with the Division of Workers’ Compensation (DWC). It is the California state agency that oversees the workers’ compensation claims process. If you are unsure whether you are eligible for benefits or need help filing, contact us for a free consultation.
Although the aim of workers’ compensation is to make work injury claims less complicated, that is not always the case. The reality is that there are often disputes between employers and employees as to whether the employee’s injury is caused by their employment. Additionally, there are often disputes as to the extent of the injury and the necessity of medical costs associated with the injury.
Whether you are covered by workers’ compensation insurance or not, it is advisable to speak with a work injury lawyer to ensure that your interests are protected and your losses are covered.
If you have been injured on the job, you need a trusted work injury lawyer who can assess your case and give you honest advice about your legal options. Contact Hanson & Mouri today at (951) 419-3199 to schedule your free consultation with a San Bernardino accident lawyer.