2024 When to Hire a Workers Comp Lawyer in California?

Apr 10, 2024 | Workers Compensation

If you’ve been injured on the job, navigating the legal process can be intimidating, especially when you are trying to focus on recovery. While it may not be required to hire a lawyer for your worker’s compensation case, having one can make all the difference in you receiving the benefits you deserve. Proper counsel can let you know when to hire a workers’ comp lawyer in California.

What Is Workers’ Compensation?

Workers’ compensation is a type of insurance that provides wages and medical benefits to employees who are injured or become ill while performing their job duties. It is designed to protect both employees and employers by allowing injured workers to receive necessary medical care and compensation for lost wages while also shielding employers from potential litigation claims related to workplace injuries.

When Should I Hire a Workers’ Compensation Lawyer?

While many situations may not require you to hire a workers’ compensation lawyer, there are some instances where hiring a lawyer will make a huge difference in the outcome of your case. Typically speaking, someone who is represented by a lawyer receives more in benefits than those who represent themselves. If you find yourself in the following situations, it is recommended to hire a workers’ compensation lawyer:

• Denial of Benefits: If your workers’ compensation claim is denied, it’s crucial to seek the help of a lawyer as soon as possible. A denial of benefits can occur for various reasons, such as missing deadlines, insufficient evidence, or disputes over the cause of your injury. A workers’ compensation lawyer can review your case, gather additional evidence if necessary, and represent you in any hearings so that you receive the benefits you deserve.
• Disputes Over the Severity of Your Injury: In some cases, there may be disputes over the severity of your injury and the benefits you’re entitled to receive. Insurance companies may downplay the severity of your injury or argue that it was pre-existing or not work-related.A workers’ compensation lawyer can work with medical professionals to provide evidence of the extent of your injury and negotiate with the insurance company to ensure that you receive the appropriate compensation for medical treatment, lost wages, and any permanent or long-term disability.
• Retaliation or Discrimination: If you believe that your employer has retaliated against you or acted discriminatorily because you filed a workers’ compensation claim, it’s essential to seek legal advice. Retaliation or discrimination can take many forms, including termination, demotion, threatening, or harassment. A workers’ compensation lawyer can help you understand your rights under California law and take appropriate legal action.
• Permanent Disability: If your injury has resulted in permanent disability that affects your ability to work, you may be entitled to additional benefits. Permanent disability benefits are calculated based on the severity of your injury, your age, and your job. A workers’ compensation lawyer can help you apply for permanent disability benefits and ensure that you receive the maximum amount you’re entitled to under California law.
• Third-Party Situations: If your injury was caused by the negligence of a third party, such as a contractor, property owner, or equipment manufacturer, you may be able to file a separate personal injury claim in addition to your workers’ compensation claim. This is known as a third-party liability claim. A workers’ compensation lawyer can help you with your options and pursue compensation from all responsible parties, including medical expenses, lost wages, pain and suffering, and other damages.
• Complex Cases: Workers’ compensation cases can sometimes involve complex legal issues, especially if multiple parties are involved or if both sides cannot agree on liability. In these situations, having a knowledgeable lawyer can make a huge difference in the outcome of your case. A workers’ compensation lawyer knows the complexities of the legal system, so they can advocate on your behalf and ensure that your rights are heard and protected throughout the process.

FAQs

Q: What Percentage Does a Workers’ Comp Attorney Get in California?

A: In California, workers’ compensation attorneys typically work on a contingency fee basis. This means that they only collect a fee if they successfully receive benefits for the injured employee. The fee is usually a percentage of the benefits obtained, and it is regulated by the state.

Q: How Long Does a Workers Comp Case Take to Settle in California?

A: The timeline for settling a workers’ compensation case in California varies depending on various factors, including the complexity of the case, the extent of the injuries, and whether there are disputes over liability or benefits. In general, simpler cases settle quicker, while more complex cases may take longer to resolve.

Q: How Long Do I Have to Sue for Work Related Injuries in California?

A: In California, the statute of limitations for filing a workers’ compensation claim is generally one year from the date of injury or the date when the worker becomes aware of the injury. There are exceptions to this rule, such as occupational diseases or injuries that develop gradually over time. If you file past the statute of limitations, your case is likely to be dismissed.

Q: What Are My Rights Under Workers’ Compensation in California?

A: Under workers’ compensation in California, employees have several rights. These include the right to a safe workplace environment, the right against retaliation, the right to prompt medical treatment for workplace-related injuries, the right to receive compensation for permanent disability injuries, the right to receive temporary benefits if they are unable to return to work, and the right to appeal a denied claim.

Contact Barry Law Group Today

There are several situations where hiring a workers’ compensation lawyer in California may be necessary. Whether you’re facing a denial of benefits, disputes over the severity of your injury, retaliation or discrimination from your employer, permanent disability, third-party liability, or complex legal issues, a lawyer can provide assistance and help you navigate the workers’ compensation system to ensure that your rights are protected.

If you or a loved one are in any of these situations, reach out to Barry Law Group today. We can help you understand your rights, lay out your options, and advocate on your behalf.