Each state has its own specific workers’ comp laws, all of which can be complex and confusing. While some workers’ comp lawyers simply tell you what you want to hear, the truth is that there are many variables that can impact the outcome of a workers’ comp case. Our legal team can help you address some of the more difficult aspects of workers’ comp laws and cases, as well as what workers’ comp lawyers won’t tell you.
What Workers’ Comp Covers
There are specific rules pertaining to what types of injuries workers’ compensation covers. One example of an injury that is covered is a one-event injury. This is something that happens one time that causes damage, such as a slip and fall or a burn. Another example would be repeated exposure to a harmful substance or environment, such as damaging your hearing due to repeated loud noises or hurting your back because of repeated motions.
There are also some cases where workers’ compensation covers psychological injuries, many of which are caused by stress. However, these types of injuries are more difficult to prove and sometimes do not qualify for compensation. It is important to have some form of proof of your injuries before filing a claim.
Time Constraints on Filing for Workers’ Comp
Many areas of law require filing a claim within a reasonable amount of time, usually specified by law. When it comes to workers’ comp claims, there is a little wiggle room on when you can file. While some injuries are apparent from the moment they happen, not all of them are quite that obvious.
Certain injuries happen slowly over an extended period of time. One example of this would be lifting heavy objects over a long period of time which results in serious damage to your back. While the California statute of limitations on workers’ comp injuries is one year from the date of the injury, there are exceptions sometimes made for these types of injuries that do not show up immediately.
Common Misconceptions About Workers’ Comp
There are some common misconceptions about workers’ comp claims and how you must proceed in filing them. Some lawyers won’t tell you all of the details simply because they want your business. Below are some of the details that are sometimes not spoken directly to clients.
- You must find legal representation quickly. While it is important to not procrastinate finding legal counsel to help with your workers’ compensation case, it is also equally important to find a lawyer with the experience necessary to actually help you.
- You can change legal representation if necessary. Sometimes, a lawyer you have hired will tell you that it will be detrimental to your case to ask for assistance from another lawyer. This is not entirely true. If the lawyer you currently have is not helping your case up to your standard, it can actually be helpful to find a lawyer who can. This can help your case more in the long run.
- You can contest a workers’ comp claim. Sadly, some lawyers are more concerned with the number of cases they take on rather than the outcome of each case. For this reason, some lawyers will urge you to be satisfied with whatever outcome you receive. However, you may be able to contest a claim that you are unsatisfied with.
FAQs
Do All Workers Comp Cases End in a Settlement in California?
Not all workers’ comp cases end in a financial settlement. There are many factors that impact the outcome of a workers’ comp claim, including the severity of the injury, whether someone makes a complete recovery or not, and others. The amount of clear evidence that you can provide will also affect your case. In some situations, it may be determined that the insurance company is not legally obligated to financially assist you in any way.
How Much Does a Workers’ Comp Attorney Get in California?
Attorneys in California can set their own prices and rates, meaning there is no set percentage that each attorney receives from a settlement. Generally speaking, you could expect that the more complex the case, the higher the lawyer’s percentage may be. However, these rates are always subject to change depending on the lawyer you are working with, the duration of your case, and other relevant factors.
What Are My Rights Under Workers’ Compensation in California?
Workers’ compensation protects the rights of employees who get hurt while on the job. Some benefits may include compensation for hospital treatment, medical care, disability compensation (temporary or permanent), wrongful death benefits for the family, and more. As an employee, you are entitled to a safe work environment protected by your employer. An experienced lawyer can help you better understand your rights as an employee.
What Is the 90-Day Rule for Workers’ Compensation in California?
The 90-day rule for workers’ compensation in California refers to a state law that requires the workers’ comp insurance company to grant you a decision regarding your claim within 90 days of receiving it. If the insurance company fails to do so, your claim will be approved. There are certain ways an insurance company may go about extending this time period of decision-making, but you must be notified of that.
Workers’ Compensation Lawyers
If you or someone you know is in the process of filing a workers’ compensation claim or thinking of doing so, our legal team can help walk you through the process. At English Lloyd & Armenta, we can take a look at your case and discuss your options for moving forward with a claim. We are prepared to help you throughout the entire process, from beginning to end.
We have many years of experience in workers’ compensation cases and can answer any questions you may have. It can be confusing to understand the legal process and know what steps to take, but you do not have to do it alone. Reach out today to learn more about how we can help.