WORKERS’ COMPENSATION

Palm Springs 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 Springs Undocumented Worker Injury Lawyer

California law compels almost every private employer in the state to have workers’ compensation insurance, which comes into play after any worker sustains an injury on the job. In the state, even undocumented immigrants who suffer injuries at work are eligible to receive workers’ compensation benefits. A Palm Springs undocumented worker injury attorney is an ideal resource for any such individual wondering about their recovery options.

Helping Undocumented Workers Recover Workers’ Compensation Benefits

The attorneys at English Lloyd & Armenta have years of professional experience representing a wide variety of Palm Springs clients in their workers’ compensation claims, including many undocumented workers in the area. It’s natural for these individuals to wonder if filing a claim for benefits could lead to trouble with their immigration status, or they may mistakenly believe they do not qualify for workers’ compensation benefits due to their undocumented status.

Our firm takes time to get to know every new client we represent, and if you have concerns about your immigration status as it applies to a work injury case, we can clarify your situation and help you recover the benefits you legally deserve. We have successfully helped many clients resolve some of the most complex work injury cases in Palm Springs, and we are ready to put this experience to work for you.

It’s vital to act quickly to seek compensation for your damages after any injury at work in Palm Springs. There is a one-year statute of limitations on workers’ compensation claims in the state, and any delay in filing your claim could cause an insurance company to doubt the validity of your claim. The sooner you connect with an experienced accident lawyer, the more time they have to work on your case, and the more likely you will be to maximize your recovery.

Most Commonly Filed Work Injury Claims in Palm Springs

If you are unsure whether an injury qualifies for workers’ compensation benefits, the main determining factor is whether you were performing your job duties when the injury happened. As long as you were injured while you were working, you are likely eligible for workers’ compensation benefits. Note that workers’ compensation does not apply to injuries suffered on the way to or on the way home from work.

Every industry poses certain safety risks to employees, and it is possible for unexpected work injuries to happen in various ways in almost any workplace. Some of the most commonly cited injuries in workers’ compensation claims filed by undocumented workers include:

Injuries from falls, which may include broken bones, brain injuries, and more. The height and location of a fall typically determine the scope of the resulting harm to the victim. According to the Occupational Safety and Health Administration (OSHA), falls are a leading cause of workplace injuries and fatalities in the United States each year.
Repetitive stress injuries. When a worker must perform the same manual tasks every day at work, over time, it will cause wear and tear on the parts of the body they use the most. Soft tissue injuries and degenerative conditions like carpal tunnel syndrome are commonly cited repetitive stress injuries in California workers’ compensation cases.
Heat injuries. Many undocumented workers in the state work in the agriculture sector, many of whom are required to work outside in extreme heat. Excessive exposure and lack of rest periods and shade can result in heat exhaustion, heatstroke, and potentially fatal medical complications.

Acquired illnesses. Workers who perform their job duties in hazardous environments or who are required to perform job duties with dangerous substances may acquire various illnesses through their work. They will need to prove the illness arose directly from their job duties to qualify for workers’ compensation benefits.
Back injuries. These injuries may occur from traumatic accidents or may be acquired over time. It is also possible for a sudden back injury to happen from lifting or carrying heavy objects. Back injuries, including herniated disks, can be extremely painful and debilitating, often requiring surgical correction and extensive recovery time.
Electrocutions. Any type of work near electrical systems poses a risk of electrocution. This type of injury may cause severe burns, nerve damage, and even damage the victim’s cardiovascular system.
Traumatic brain injuries. These injuries may occur from dropped objects, unexpected equipment failures, vehicle accidents, and many other causes. Any brain injury can be difficult to treat, leave the victim susceptible to further brain injuries in the future, and cause a host of unpredictable symptoms that can complicate their life in various ways.

These are only a few possible examples of work injuries that an undocumented worker might suffer in Palm Springs. As long as the injury happened while they were working, they are likely eligible to file a workers’ compensation claim. It is important to remember that workers’ compensation does not apply to injuries suffered while commuting to or from work.

Some workers may wonder if they can still file a claim for an injury they caused themselves. The state’s workers’ compensation system generally functions on a no-fault basis, meaning it is possible for the claimant to have caused their own injury and still qualify to receive workers’ compensation benefits. However, there are exceptions to this rule.

If you caused your own injury because you were working while under the influence of drugs or alcohol, if you intentionally violated workplace safety rules, or if you were injured from horseplay at work, these issues could disqualify you from workers’ compensation benefits. If you have any reason to worry about any such variables, your attorney can assess the situation and help clarify your eligibility.

Benefits Available From Workers’ Compensation in Palm Springs

The main objective of a workers’ compensation claim is to recover compensation for the medical expenses related to your work injury and to secure disability benefits when your injury prevents you from working for an extended time. A successful workers’ compensation claim in Palm Springs can yield full coverage of your medical expenses and compensation for your lost income.

As part of your claim filing process, you will need to undergo a medical evaluation from a workers’ compensation physician. This physician will examine your injury and assign you a disability rating of 1 to 100 to reflect the severity of the harm you have suffered. This rating will have a strong bearing on your determination of benefits.

Disability benefits for workers’ compensation claims in Palm Springs are awarded in partial and total designations based on the severity of a claimant’s condition. If you are able to continue working, but your earning power is diminished from your injury, you are likely to receive partial disability benefits until you can return to work at your previous earning capacity.

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?

Many undocumented immigrants in the state who suffer personal injuries are unaware that they have the right to file a civil suit in response to their injury. Undocumented workers have the right to file personal injury claims in the state, and they have the same right to seek full compensation for their damages as a citizen would after a personal injury.

Workers’ compensation insurance generally protects employers from facing civil liability for their injured workers’ damages after workplace injuries, but there are exceptions to this rule. It is also possible for an injured worker to have grounds for legal recourse against a third party who is directly responsible for causing their injury.

If you or a family member is undocumented and your recent work injury in Palm Springs was the result of a specific party’s negligence or illegal misconduct, your Palm Springs undocumented worker injury attorney can help determine your options for legal recourse in this situation. A successful third-party personal injury claim could potentially allow you to recover compensation for damages that workers’ compensation insurance can’t provide.

Your successful workers’ compensation claim in Palm Springs may yield full coverage of all your medical expenses, but you will only receive limited compensation for your lost income and lost future earning capacity. A third-party personal injury suit could allow you to recover the rest of your missing income, and you would also have the right to seek pain and suffering compensation from the defendant who caused your injury.

California law only limits pain and suffering compensation in medical malpractice claims, so as long as your personal injury suit falls outside the purview of medical malpractice law, you can claim as much as you believe to be appropriate to reflect the severity of the harm you suffered from the defendant’s actions. If you sustained any long-term or permanent injuries, you may recover several times more than the total of your economic losses in pain and suffering compensation.

Fault in a Palm Springs Personal Injury Case

It’s important to remember that while fault for your work injury may not be a major concern for the purposes of filing your workers’ compensation claim if you bear any shared fault for your injury, it can significantly impact the outcome of a related personal injury suit. The state’s pure comparative negligence law states that if a plaintiff bears a percentage of fault for causing their personal injury, they lose this percentage of their case award as a penalty.

Your Palm Springs undocumented worker injury attorney can help assess any level of fault you may hold for your work injury and advise you as to how this could impact your recovery efforts. If you have any concerns about bearing comparative negligence in your personal injury case, it is vital to consult an attorney you can trust as soon as possible.

What to Expect From Your Palm Springs Undocumented Worker Injury Attorney

The attorneys at English Lloyd & Armenta understand the perceived barriers to recovery that many undocumented workers face after suffering injuries at work. We can help you exercise your right to recover workers’ compensation benefits and, if necessary, file a personal injury claim against the party responsible for your injury.

Our firm provides bilingual legal counsel for clients who speak Spanish, and you can rely on our firm to provide compassionate and detail-oriented legal representation through all stages of your recovery efforts following a work injury in Palm Springs.

If you have concerns about the potential cost of hiring an attorney for your case, it is no cause for alarm. California law limits how much attorneys can charge their clients for representation in work injury cases, and we take these cases on a contingency fee basis. Your fee for our representation will be a percentage of the total compensation we recover for you, and you will only pay this fee if and when we win your case.

You have a limited time in which to pursue your recovery following a workplace injury in Palm Springs, and it is always advisable to start the claim filing process as soon as possible after any injury at work. If you are ready to learn what a Palm Springs undocumented worker injury attorney can do for your case, contact English Lloyd & Armenta today to schedule a free consultation with our team.