WORKERS’ COMPENSATION

Palm Desert Undocumented Worker Injury Attorney

With more than 30 years of experience, our accomplished attorneys are here to guide you through these difficult times and get the compensation you deserve.

Palm Desert Undocumented Worker Injury Lawyer

If you work in Palm Desert and suffer an injury on the job, you have the right to file a workers’ compensation claim. California law requires almost every employer to have workers’ compensation insurance, and almost every worker in the state is covered if they sustain an injury on the job. This applies to undocumented immigrants working in the state, and a Palm Desert undocumented worker injury attorney is a tremendous asset to anyone in this position.

Helping Undocumented Workers Recover From Workplace Injuries in Palm Desert, CA

The attorneys at English Lloyd & Armenta have extensive professional experience handling workers’ compensation claims in Palm Desert and surrounding communities. If you are an undocumented immigrant and recently suffered an injury on the job, we can help you understand your rights and your recovery options through workers’ compensation insurance.

Many undocumented workers are unaware of their right to seek compensation for work-related injuries, and some believe that if they file a claim for benefits, they could get into trouble with Immigration and Customs Enforcement (ICE). State law allows all workers, including undocumented workers, to seek workers’ compensation benefits in good faith if they are hurt while working in Palm Desert.

We also ensure that employers in Palm Desert do not exploit their undocumented workers. If you believe your employer is directly responsible for your recent injury or has treated you unfairly, we can help determine your options for legal recourse and hold them accountable for any such actions.

Our firm can review the details of your injury and help file your workers’ compensation claim. If you encounter any issues with your employer and/or their insurance carrier, we can resolve these problems for you to ensure you receive appropriate compensation for your damages. You may also have grounds to file a personal injury claim in some circumstances, and you can rely on our firm for assistance with this as well.

Filing a Workers’ Compensation Claim in Palm Desert

If you have been hurt while working, you can file a workers’ compensation claim to recover benefits, including medical expense coverage and income replacement while you are unable to work during your recovery. This is similar to the process of filing any other type of insurance claim in the state, but your employer plays a significant role in the process. After an injury at work, you must report the incident to your employer immediately so you can file your claim.

Once you report your injury, your employer is required to provide you with the materials you need to file your workers’ compensation claim. As part of your claim filing process, you will need to see a workers’ compensation doctor who will evaluate your injury and assign you a disability rating. This is a numerical value that indicates the severity of your condition following your injury at work.

After completing this review, you are ready to file your claim with the workers’ compensation insurance carrier. They are required to investigate the claim to ensure it is legitimate before they will award any benefits. Once they approve the claim, they will issue a determination of benefits to the claimant. If the claim is denied, the claimant may appeal the decision or refer to the state Division of Workers’ Compensation to assess their options.

Benefits Available for Undocumented Workers in Palm Desert

The main purpose of workers’ compensation insurance is to provide financial relief to injured workers in the form of medical expense coverage and disability benefits until they are able to return to work. Workers’ compensation insurance also protects employers from civil liability for damages suffered by workers injured on the job. This means you cannot file a civil claim against your employer in response to your work injury in most cases.

In Palm Desert, medical expense coverage from workers’ compensation insurance is relatively straightforward. Your employer’s insurance carrier will pay for any medical treatment you need to recover as fully as possible from your injury. This includes the cost of any future rehabilitative care you may need to reach maximum medical improvement from your injury. Your Palm Desert undocumented worker injury attorney can ensure you receive appropriate medical benefits.

If you are issued partial disability benefits, you will need to update your employer’s insurance company with your weekly income, informing them how much you were able to earn so they can adjust each payment accordingly. Failure to meet your income reporting requirements could mean early termination of your benefits or even accusations of workers’ compensation fraud.

When your injury is serious enough that you cannot work at all until you fully recover, you can expect to receive total disability benefits. The average claimant will receive about two-thirds of their usual weekly wage with each weekly benefits payment, and these payments can continue until they regain the ability to work or for up to 104 weeks.

Although rarely awarded, permanent disability benefits may be available to a claimant who has suffered a catastrophic injury at work. These benefits can continue for the rest of their life, but an insurance company is likely to attempt a lump sum clincher offer in lieu of an extensive benefits arrangement. Your attorney can advise you as to what would suit your interests.

Can Undocumented Immigrants Sue for Personal Injury?

After an injury at work, the injured worker typically cannot file a civil claim for damages against their employer except under very specific conditions. If the employer does not have workers’ compensation insurance as required by state law, it would be grounds for a personal injury suit, and the employer would also face penalties from the state. An employer may also face liability if they directly caused the worker’s injury in some way.

It’s more likely for an injured worker in Palm Desert to have grounds for a personal injury claim against a third party who caused their injury at work. Your Palm Desert undocumented worker injury attorney can help determine fault for your injury and, if anyone outside of your work caused the injury, help you hold them accountable for the damages that workers’ compensation insurance cannot repay.

Your workers’ compensation claim may yield full coverage for your medical expenses, but you can only receive partial compensation for your lost income after your accident at work. If a specific party caused the injury, they are liable for all the damages that workers’ compensation does not cover. These are likely to include the remainder of your lost income and your pain and suffering.

Pain and suffering compensation could significantly improve your total recovery from your workplace accident. California only limits pain and suffering compensation in medical malpractice cases, so there is no limit to the amount you can seek in your third-party personal injury claim after a workplace accident. The amount you claim should reasonably reflect the overall severity of the harm you suffered.

What to Expect From a Palm Desert Undocumented Worker Injury Attorney

The right legal team can have a tremendously positive influence on the outcome of all the recovery efforts you pursue following a workplace injury in Palm Desert. You’re likely to have many important legal questions that you will not be able to answer on your own, and the right attorney can be an invaluable asset for all the recovery efforts you attempt after your injury. The sooner you consult an attorney, the more time they have to work on your case.

The team at English Lloyd & Armenta excels at resolving difficult work injury cases for clients in Palm Desert and throughout the surrounding communities of the Coachella Valley. We provide legal counsel in English and Spanish and are keenly aware of the unique legal issues and common concerns among undocumented immigrants who suffer injuries on the job. Our goal is to help every client maximize their benefits after any injury at work.

When you choose our firm to represent you in your recovery efforts, you can rely on us to resolve any issues you encounter with your employer and/or their insurance carrier. We can ensure your claim is handled in good faith and that you receive a fair determination of benefits. If you need to appeal a denied claim, refer to the state Division of Workers’ Compensation, or prepare a third-party personal injury claim, we can assist with these issues as well.

Find Legal Counsel You Can Trust in Palm Desert

If you have any concerns about the potential cost of hiring legal counsel, you do not need to worry about paying more for our representation than you receive in benefits. We take work injury claims on a contingency fee basis, meaning our client only pays a percentage of their final case award as our fee and only after we win their case. There is no fee if our firm is unable to obtain a recovery for you.