Cathedral City Undocumented Worker Injury Attorney

Cathedral City Undocumented Worker Injury Lawyer

California has one of the highest statewide populations of undocumented immigrants in the United States, and many of these individuals work in various industries throughout the state. If you recently suffered an injury at work and are undocumented, you might assume that you cannot file a workers’ compensation claim, or you may have been told you cannot. A Cathedral City undocumented worker injury attorney can clarify your rights and recovery options.

Representing Injured Undocumented Workers in Cathedral City, CA

The attorneys at English Lloyd & Armenta have extensive professional experience handling all types of workers’ compensation claims in Cathedral City, and we have successfully helped many injured workers secure the benefits they need and deserve after accidents at work. If you are undocumented and recently sustained an injury at work, we can help secure the workers’ compensation benefits you need to help you recover.

While most employers uphold their legal responsibilities when it comes to their employees’ workers’ compensation claims, some unfortunately do not. Employers who hire undocumented immigrants sometimes take advantage of these workers in several ways. This includes keeping them uninformed about their rights when it comes to filing for workers’ compensation benefits.

If your employer has told you that you cannot file a claim because of your undocumented status, if you have encountered other complications with a work injury claim that you do not know how to resolve, or if you simply need professional legal guidance as you file your claim, we can help. Our firm takes a client-focused approach to workers’ compensation cases, and we will do everything we can to streamline your recovery efforts as much as possible.

Understanding Workers’ Compensation

The state upholds some of the most robust laws concerning workers’ compensation insurance and work injury claims in the country. It’s vital to know your rights when it comes to resolving an accident claim in your workplace, regardless of your immigration status. Many injured workers worry that if they report their injuries, Immigration and Customs Enforcement (ICE) may be notified, and they could face deportation.

Undocumented workers in the state have the same right to seek workers’ compensation benefits after injuries at work that US citizens have. Almost every employer in the state is required to have workers’ compensation benefits, and California’s workers’ compensation laws allow undocumented workers to file claims for these benefits if they are injured while working.

Filing a claim for workers’ compensation benefits is similar to how you file most other types of insurance claims, but your employer plays a significant role in the claim filing and review processes. If your employer prevents you from filing a claim, attempts to discourage you from filing a claim, or takes any retaliatory action against you if you ask to file a claim after an injury, these are grounds for a retaliation suit, and your employer faces harsh legal penalties.

Filing Your Workers’ Compensation Claim in Cathedral City

If your employer upholds their responsibilities for your workers’ compensation claim, they should provide you with the materials you will need to file your claim once you report your injury. You will need to seek medical care as soon as possible, and you can see any doctor if you need emergency treatment. However, a medical exam from a workers’ compensation physician will be an essential step in your claim filing process.

Your employer will provide you with a list of local doctors you can visit for your medical examination. The workers’ compensation doctor you see will examine your injuries and assign you a disability rating that reflects the severity of your condition. This rating is a number between 1 and 100 that indicates your level of disability from the injury. The higher your rating, the more workers’ compensation benefits you are likely to receive.

Once you complete this medical evaluation and the other forms necessary for your claim, you can submit your claim for benefits to your employer’s insurance company, and they will conduct their review. An insurance carrier has the right and the legal responsibility to investigate a work injury claim, ensuring that it meets the criteria for a covered injury. As long as you were injured while you were performing your job duties, you likely qualify for worker’s compensation benefits.

Most Common Workplace Injuries in Cathedral City

It’s natural to wonder whether your injury qualifies for workers’ compensation benefits, especially if you accidentally caused the injury yourself. Fault does not necessarily factor into most workers’ compensation claims in the state. Even if you caused your injury yourself, you likely still qualify for benefits. However, you must have been working in good faith when your injury occurred.

You may be disqualified from workers’ compensation benefits if you were injured due to intentional misconduct or excessive negligence. For example, if you were injured from horseplay at work, refusal to follow workplace safety regulations, or because you were working while under the influence of drugs or alcohol, these factors could prevent you from collecting workers’ compensation benefits. A drug test is almost always required for a workers’ compensation claim.

A few of the most commonly reported workplace injuries that lead to workers’ compensation claims include:

Injuries from falls. According to the Occupational Safety and Health Administration (OSHA) and various other organizations and agencies that collect and review workplace accident reports across the country, falls are the most commonly reported workplace accidents for most industries. Falls can potentially cause broken bones, traumatic brain injuries, and more, and the higher the fall, the more serious the resulting injuries will be.
Vehicle accidents. Many people are required to drive for work, and the driver of a commercial vehicle faces the same risks on the road as any other driver. Some industries, like construction and shipping, require specialized vehicles that carry their own unique safety risks. If you were injured while driving by another driver, you may have grounds to seek additional compensation from the at-fault driver.
Injuries from falling objects. Individuals who work in construction, warehousing, and other industries may suffer traumatic brain injuries and other harm from falling or dropped objects.
Electrocutions. OSHA cites electrocutions as one of the leading causes of workplace injuries in the construction industry, and it is possible for these injuries to occur in various other workplaces as well. Electrocution may cause cardiovascular disruption, nerve damage, and severe burns.
Repetitive stress injuries. When a worker must perform the same physical tasks every day at work, the parts of their body they use the most will experience repetitive stress. Over time, any type of repetitive stress can cause soft tissue damage, weaken joints, and lead to various degenerative conditions that may take a long time to manifest noticeable symptoms.

These are just a few examples of the types of injuries that most often occur throughout the state. If you are unsure whether your injury qualifies for workers’ compensation benefits or if you have any other questions concerning your eligibility to file a claim, it is vital to consult a Cathedral City undocumented worker injury attorney as soon as possible.

Benefits Available From Workers’ Compensation Insurance in Cathedral City

Workers’ compensation insurance benefits both employers and their employees. For employers, workers’ compensation insurance provides immunity from civil lawsuits after their workers suffer injuries on the job. You will not be able to sue your employer in Cathedral City for your workplace injury in most cases. For employees, workers’ compensation insurance provides valuable financial relief that helps them recover from their injuries and return to work.

If your workers’ compensation claim is approved, you can expect two types of benefits from your employer’s insurance company. These are medical expense coverage and income replacement benefits. Medical expense coverage is typically straightforward; your employer’s insurance carrier will pay for all medical care resulting from your work injury, including the cost of any ongoing rehabilitative treatments you need to fully recover.

Income replacement benefits are paid in the form of disability benefits. These are more variable and awarded based on a claimant’s earnings for the year prior to their injury and their disability rating:

If the claimant can work but cannot earn their usual income due to their injury, they may be awarded partial disability benefits that make up the difference between their usual pay and what they are able to earn during their recovery. If you are awarded partial disability benefits, you will need to report your weekly earnings and medical updates to your employer’s insurance carrier. These benefits end when you can return to your usual job.
If the claimant cannot work at all during their recovery, they will receive total disability benefits instead. Total disability benefits usually amount to two-thirds of the claimant’s average weekly pay, paid each week for up to 104 weeks. For example, if you usually earn $1,800 per week at work, you could receive about $1,200 in weekly disability benefits.

Your accident lawyer can ensure that you receive a fair determination of benefits from your employer’s insurance carrier. If you encounter any unexpected complications with your claim filing process or if you believe the insurance company has not handled your claim in good faith, your attorney will know how to address these issues. They can also help determine if you have any additional grounds for legal recourse.

Filing a Third-Party Personal Injury Claim in Cathedral City

Workers’ compensation insurance may prevent you from filing a civil suit against your employer after a workplace injury, but you may have grounds for legal action against another party that is directly responsible for causing your injury. For example, if you are required to drive for your job, and another motorist causes an accident with you on the road, it would form grounds for a third-party personal injury claim.

Workers’ compensation benefits are valuable for any injured worker in Cathedral City, but if you have grounds to file a third-party personal injury claim, it could significantly improve your total recovery. Your Cathedral City undocumented worker injury attorney can help identify the party at fault for your accident and assist you in filing your third-party personal injury claim.

An undocumented immigrant has the same right to file a personal injury claim in California as a US citizen. If you believe you have grounds for a third-party personal injury suit after your injury at work, your attorney can help build your claim and recover compensation for the damages not covered by workers’ compensation insurance. While you may recover medical expenses and some of your lost income with workers’ compensation benefits, a third-party claim can yield:

Compensation for the remainder of your lost income not covered by workers’ compensation insurance. For example, if you are awarded total disability benefits, these payments will only amount to about two-thirds of your usual pay. You can seek compensation for the remainder from the third party who directly caused your injury.
Repayment of property damage. If your personal property was damaged by the third party’s negligence or misconduct, they are liable for all associated repair and replacement costs. For example, if you drive your own vehicle for work, the defendant is liable for the cost of repairing or replacing your vehicle after a work-related car accident.
Pain and suffering compensation. Workers’ compensation insurance does not provide any compensation for the physical pain and psychological distress you experienced from your accident, but you can claim compensation for these non-economic damages in your third-party personal injury claim. State law does not limit pain and suffering compensation in most personal injury cases.
Punitive damages. These are not directly claimed by a plaintiff in a civil suit and are instead awarded at the discretion of the judge overseeing the case. If the defendant in your third-party suit caused your injury through illegal misconduct or if their actions exceeded the extent of typical negligence, punitive damages could come into play, and the amount you receive will be up to the judge handling your case.

Perhaps the most important part of your case award from a third-party personal injury suit is your pain and suffering compensation. State law does not limit pain and suffering except in medical malpractice cases, and if you suffered any permanent harm from the defendant’s actions, you could potentially receive a substantial amount of pain and suffering compensation.

Your Cathedral City undocumented worker injury attorney can help determine a suitable amount of pain and suffering to seek from the defendant. An attorney is likely to use the multiplier method when their client has been permanently disabled, adding the total of their economic losses and then multiplying this amount by a factor that represents the severity of their condition.

If the client is expected to make a full recovery in the short term, their attorney is more likely to use the per diem calculation. They can determine an acceptable amount to compensate each day the plaintiff spends in recovery and then multiply this amount by the number of days it takes the plaintiff to reach maximum medical improvement from their injuries. For example, $200 per day for a 100-day recovery would amount to $20,000 in pain and suffering compensation.

What to Expect From Your Cathedral City Undocumented Worker Injury Attorney

The team at English Lloyd & Armenta has years of professional experience handling a wide range of work injury claims for clients in the Cathedral City area, including undocumented immigrants who may be unaware of their rights and legal options after suffering injuries on the job. When you choose our firm to represent you, you can expect compassionate and responsive legal support through every stage of your case.

After your injury at work, we can help you complete your claim forms and ensure that your employer has fulfilled their legal responsibilities under California law. If you encounter any issues with either your employer or their insurance company, we can help address and resolve these issues as efficiently as possible. When it comes to filing your claim, we can ensure you receive appropriate benefits under the terms of your employer’s policy.

If you have grounds for further legal recourse beyond workers’ compensation insurance, you can rely on our team for representation in these legal efforts as well. When you have the ability to file a third-party personal injury suit against the party who caused your injury, it could significantly improve your total recovery, and we will do everything we can to maximize your case award.

Most personal injury cases filed in Cathedral City end in settlement rather than litigation. When a defendant is clearly at fault for a personal injury, they tend to seek the swiftest resolution possible and avoid the stress and expense of litigation. Our firm can aim to settle your personal injury suit outside of court if we can, but we have the skill and experience necessary to represent you in litigation if necessary.

If you are worried about the potential cost of hiring an attorney for your case, there is no cause for concern when you choose English Lloyd & Armenta to represent you. We take work injury cases on a contingency fee basis, so we only collect a fee if and when we win your case, and the fee is a percentage of the total amount recovered. We offer legal counsel in both English and Spanish, and the sooner you connect with our firm, the sooner we can start guiding you toward recovery.

Contact English Lloyd & Armenta today to schedule your free consultation with a Cathedral City undocumented worker injury attorney and learn how we can help you with your case.