WORKERS’ COMPENSATION

Palm Desert Work Related Car & Truck Accident Accident Lawyer

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 Work Injury Attorney

Many people living and working in the Palm Desert area face various risks at work each day, and some industries are inherently dangerous for several reasons. California enforces strong workers’ compensation laws, and almost all employers in the state must buy workers’ compensation insurance to pay for injured workers’ damages. However, it is important to remember that workers’ compensation comes into play for accidents that happen while you are performing work-related duties, even if you are hurt outside of your typical workplace.

Experienced Legal Representation for Work-Related Car and Truck Accident Claims in Palm Desert, CA

If you drive as part of your primary job duties, you are covered by your employer’s workers’ compensation insurance if you are hurt in an accident while driving for work. An important distinction is that vehicle accidents that happen on the way to work or on the way home from work do not qualify as work-related injuries and are, therefore, ineligible for workers’ compensation benefits. However, if you are injured in a car or truck accident while driving for work, you can file a claim through your employer.

The team at English Lloyd & Armenta has years of experience helping clients in Palm Desert and surrounding communities with their work injury cases, including those arising from work-related car and truck accidents. If you need assistance with the filing process for workers’ compensation, we can help. Our team has the resources you want on your side as you approach the recovery process, and we can help determine whether you can pursue additional compensation outside of the workers’ compensation system.

Understanding Workers’ Compensation Laws

State law requires almost every private employer in the state to have workers’ compensation insurance, and this insurance applies to most employees. Independent contractors and certain other types of workers are exempt, and it’s vital for everyone to know their eligibility status for workers’ compensation claims.

An injury is covered by workers’ compensation insurance as long as the employee is nonexempt and their injury happened while they were performing their job duties. Location is not necessarily important as many people do not work in a static environment every day, such as those who must drive as part of their job duties. As long as your car or truck accident happened while you were working, you have the right to file a workers’ compensation claim through your employer.

When you sustain an injury while working, you should tell your employer immediately and go for medical treatment. In an emergency, you can see any doctor who is available, but as part of your claim filing process, you will need to undergo a medical examination performed by a physician your employer’s insurance carrier designates. This medical examination is intended to determine your level of disability, and the disability rating assigned to you by the workers’ compensation physician will determine how much you can receive in benefits.

Employer Obligations to Injured Workers

Your employer has various duties they must fulfill in their handling of your workers’ compensation claim. They are prohibited from retaliating against an employee who files a workers’ compensation claim in good faith, and they must provide the employee with the paperwork necessary to file their claim. Your employer should also create an incident report detailing how, when, and why your injury happened.

If you encounter any problems with your employer, or if they refuse to provide you with the paperwork you need for your claim, if they retaliate against you in any way, it is crucial that you speak with an experienced Palm Desert work injury attorney as soon as possible. They can help you address the situation and advise you as to how to proceed with your recovery efforts.

Disability Rating and Workers’ Compensation Benefits

Workers’ compensation serves two important purposes. First, it prevents employers from facing civil liability for their injured workers’ damages, meaning an injured employee can only file a civil suit against their employer for a work-related injury under very specific circumstances. Second, workers’ compensation provides benefits to injured workers to help them recover in the form of coverage for medical expenses and ongoing disability benefits that function as income replacement.

During your initial medical review, the workers’ compensation physician you visit will assign a disability rating of 1 to 100 to reflect the overall severity of your condition following your injury. The higher your rating, the more you can potentially receive in benefits. If you disagree with the doctor’s assessment of your condition, you have the right to a second opinion, and your attorney can help resolve any such issues you might encounter.

Most claimants can expect two forms of compensation if their workers’ compensation claim is successful. First, the insurance carrier will pay for all medical treatment you require. This includes the cost of ongoing rehabilitative care you may need to achieve maximum medical improvement from your injuries. Second, the claimant will receive ongoing weekly disability benefits payments to offset their lost income when they are unable to work or only able to handle lower-paying work while they recover.

Temporary disability benefits for claimants who cannot work at all typically amount to about two-thirds of the claimant’s average weekly wage based on the year prior to their accident. These benefits can usually continue for up to 104 weeks, but some severely injured claimants can qualify for extensions. When they are able to handle lower-paying light duty, they can qualify for partial benefits. The insurance company must receive reports from the claimant about all earnings, and then they will receive benefits based on how much they are able to earn after the accident.

Additional Recovery From Work-Related Car and Truck Accidents

Workers’ compensation insurance may prevent an injured worker from suing their employer for a work-related injury, but you could have grounds for a third-party personal injury claim if anyone outside of your work caused your recent accident. If you were hurt by another driver while you were driving for work, workers’ compensation insurance may not cover the full extent of your losses. After resolving your workers’ compensation claim, you can proceed with claiming additional compensation just as you would for any other vehicle accident.

Every California driver is required to have auto insurance, and once you receive your workers’ compensation benefits determination, an experienced Palm Desert work injury attorney can help you pursue further legal recourse against the driver who caused your accident. If you were driving your own vehicle for work, an auto insurance claim against the at-fault driver could help you secure compensation for vehicle repair or replacement costs. Once you exhaust the at-fault driver’s insurance coverage, any outstanding damages can be claimed with a personal injury suit.

Workers’ compensation benefits can cover all your medical expenses and a portion of your lost income after an accident. When you pursue a third-party personal injury claim, the compensation you win from the case can account for the remainder of your damages. You could be able to recover compensation for lost income that workers’ compensation insurance doesn’t provide, and you would also have the right to pursue pain and suffering compensation from the driver who caused your accident.

What to Expect From Your Palm Desert Work Injury Attorney

A work-related vehicle accident in Palm Desert can be devastating, and workers’ compensation benefits may only account for a fraction of the total damages you suffered. When you choose English Lloyd & Armenta to represent you as your Palm Desert work injury attorneys, we can immediately get to work reviewing the details of your accident and preparing you for the workers’ compensation claim filing process.

You can rely on our team to address any unexpected complications you encounter as you start your recovery process, and we have years of experience dealing with insurance companies on our client’s behalf. You can rest assured knowing that you have a dedicated legal advocate ready to confront a difficult insurance company and answer any questions that arise throughout your case.

When you must pursue additional legal recourse in the form of an auto insurance claim and/or third-party personal injury suit against the driver who caused your work-related car or truck accident, you can count on our team to guide you through these proceedings as well. Our firm has the resources and experience needed to handle the most challenging civil suits, including those arising from work-related vehicle accidents. Whatever your case entails, we can provide ongoing support until you recover as much compensation as state law allows for your damages.

Ultimately, the recovery process following a work-related car or truck accident can be very difficult to navigate without legal counsel you can trust on your side. You’re likely to have many questions as your case proceedings unfold, and the right attorney can help you approach this situation with confidence and peace of mind. The sooner you reach out to our team, the more likely you are to reach a positive outcome for your recovery efforts after a work-related car or truck accident. Contact English Lloyd & Armenta today to schedule your free consultation with a Palm Desert work injury attorney and start working toward your recovery with confidence.