Palm Springs Work Related Car & Truck Accident Lawyer

Palm Springs Work Injury Attorney

Thousands of people working in the Palm Springs area of California are required to drive as part of their primary job duties. It’s important for everyone with such job responsibilities to understand that they face the same risks on the road while driving for work as they would while driving for personal reasons. If you experience a car or truck accident while performing your work duties, the accident should be covered by your employer’s workers’ compensation insurance.

Helping Victims of Work-Related Car and Truck Accidents Recover in Palm Springs, CA

California law requires almost every private employer in the state to have workers’ compensation insurance, and almost every worker in the state is covered by their employer’s policy. Whenever any work-related injury occurs, the victim has the right to file a workers’ compensation claim, and their employer is required to facilitate this claim in several ways. However, when a worker has suffered a vehicle accident due to the actions of a driver not connected to their workplace, this can form grounds for additional legal recourse outside of the workers’ compensation insurance system.

If you are struggling with the effects of a recent work-related car or truck accident, a Palm Springs work injury attorney is the ideal resource to consult for assistance in your recovery efforts. While it’s technically possible to file a workers’ compensation claim on your own, and there is no legal requirement for you to hire an attorney, your recovery is likely to require more than just a workers’ compensation claim. You will need legal counsel you can trust on your side not only to determine the various avenues of recovery available to you after your accident but also to navigate them successfully.

The attorneys at English Lloyd & Armenta have years of experience handling a wide range of work injury cases on behalf of clients in Palm Springs and surrounding communities. We take time to listen to each client’s story to ensure we provide them with the individualized legal counsel they need to approach their case proceedings with confidence. Whether you believe you can recover appropriate compensation through insurance alone or you are bracing for more complex legal affairs, you can trust our team to provide ongoing support and guidance through all stages of your recovery efforts.

Understanding Workers’ Compensation Claims in Palm Springs

Workers’ compensation insurance functions similarly to most other types of insurance. An employer pays a monthly premium to maintain their coverage, and the insurance carrier agrees to cover specific events. Most Palm Springs, CA employees in the state are covered, but if you are unsure of your eligibility for workers’ compensation benefits, it is imperative that you review the details of your employment status so you know what you can expect if a work-related injury occurs.

The purpose of workers’ compensation is twofold. First, it provides limited civil immunity to employers, preventing injured workers from filing personal injury claims in response to the workplace injuries they suffer. This means that you typically cannot file a lawsuit against your employer in response to a workplace injury except under very specific circumstances. For example, if the employer caused the injury intentionally somehow, or if they do not have workers’ compensation insurance, this would form grounds for a civil suit.

The second objective of workers’ compensation insurance is to provide financial assistance to the injured worker to help them recover. Generally, a claimant can expect two forms of benefits if their claim is successful — medical expense coverage and income replacement benefits for the time they are unable to work. The insurance company typically covers all the medical treatment costs the claimant incurs from their injury, and the amount they receive in disability benefits depends on their level of disability.

Filing Your Workers’ Compensation Claim in Palm Springs

The process of filing a workers’ compensation claim is similar to how you would file any other type of insurance claim. However, you do face additional complexity in the process because of your employer’s role in your claim. You must notify your employer of your injury as soon as possible and request the materials needed to file the claim. Your employer may not interfere with the claim filing process in any way, and they must create an incident report that outlines the details of your work-related injury.

You should seek medical treatment as soon as possible after any work-related injury, even if you think you only suffered a minor injury. This is especially important for car or truck accidents due to the fact that many victims will suffer injuries that do not manifest immediately noticeable symptoms. Any delay in seeking medical care could also reflect poorly on the claim determination process once you submit the claim to the insurance carrier. They may assume that if you did not seek immediate care, your injury could not be as severe as you claim.

As part of the claim filing process, an injured worker will need to undergo a medical examination from a physician approved by their employer’s insurance carrier. This workers’ compensation doctor will assess your injury and assign you a disability rating of 1 to 100. This rating will determine the extent of benefits you could receive once your claim is approved. If you disagree with the doctor’s assessment, a Palm Springs work injury attorney can help you arrange a second opinion.

The medical report and the incident report from your employer are essential for the initial filing of your claim. Your Palm Springs work injury attorney can help submit your claim to the insurance company, and the insurer may respond by requesting additional information or asking questions. You will be able to rely on your attorney to guide you through these interactions until you receive your determination of benefits.

Benefits Determinations for Work Injury Claims in Palm Springs

After completing the initial claim filing process, the insurance carrier will deliver their determination of benefits. The average claimant can expect their employer’s insurance carrier to cover all medical care they need to achieve maximum medical improvement, and this includes most forms of long-term care the claimant will require to fully rehabilitate. Disability benefits are more variable and based on the claimant’s disability rating.

If a claimant cannot work at all because of their injury, they will likely qualify for temporary disability benefits. These are paid each week, and the claimant will receive about two-thirds of their average weekly wage each week for up to 104 weeks. For example, if you usually earn about $1,500 per week, you could receive about $1,000 per week with each benefits payment. If the claimant has been severely injured, they may qualify for an extension beyond the usual 104-week limit, and permanent disability benefits are only awarded if a claimant meets very strict criteria and will be unable to work at all in the future.

If the claimant is still able to work in a limited capacity, they may receive partial benefits. These benefits will offset their diminished earnings, making up for what they cannot earn on their own until they fully recover. If a claimant is awarded partial benefits, they will need to report their earnings and their recovery progress to the insurance carrier. Failure to meet any reporting requirements could lead to a termination of benefits or even charges of workers’ compensation fraud.

PursPossible Complications You Might Face With a Workers’ Compensation Claim

Dealing with any insurance company can be difficult, but when you must file a workers’ compensation claim in Palm Springs, you not only face the chance of meeting resistance from your employer’s insurance carrier but also from your employer. Because employers pay premiums to maintain their workers’ compensation insurance coverage, premiums might increase when an insurance carrier deems a covered employer to be a higher risk than previously assessed. This could mean a premium increase, and unfortunately, some employers will go to great lengths to prevent these expenses.

If your employer interferes with your claim filing process in any way, refuses to provide you with the paperwork needed to file your claim, or if they retaliate against you by firing you, docking your pay, or any other adverse treatment, you likely have grounds for legal recourse against them. A Palm Springs work injury attorney can help determine your options for resolving any such issues you encounter from your employer.

Every insurance company is required to process all claims in good faith. They are required to investigate claims to make sure they are legitimate and are required to honor the terms of their policies. If you believe your employer’s insurance carrier has mishandled your claim in any way or treated you unethically, you must consult an attorney as soon as possible. For example, if your claim is denied, you may have the ability to appeal the decision through the California Division of Workers’ Compensation. If the insurance company was unethical in their handling of your claim, it could also entitle you to recover additional compensation.

Pursuing Additional Compensation With a Third-Party Claim

Workers’ compensation insurance typically prevents an injured worker from filing a civil claim against their employer as long as their employer has met all associated requirements under state law. However, if any party outside of the workplace caused the injury, the victim has the right to pursue a third-party personal claim beyond their workers’ compensation claim.

When you have been injured in a work-related car or truck accident, you can still file your workers’ compensation claim even if the accident happened outside of your usual workplace. As long as you were driving for work, the incident is a covered event. After exhausting your recovery options through workers’ compensation insurance, you can seek compensation for all your outstanding losses with a third-party personal injury claim.

You can file a claim against the at-fault driver’s auto insurance just as you could after any other vehicle accident. If you were required to use your own vehicle to drive for work, this claim could enable you to secure vehicle repair compensation. A subsequent third-party personal injury claim then enables you to recover compensation for all damages that workers’ compensation won’t cover, including the lost income beyond what your disability benefits provide, as well as compensation for pain and suffering.

California personal injury law does not restrict pain and suffering compensation in vehicle accident claims, so this could mean a sizable recovery if you succeed with your third-party personal injury case. An experienced Palm Springs work injury attorney is the ideal resource to consult if you are unsure whether you can pursue a third-party claim in the aftermath of a work-related car or truck accident.

If the at-fault driver caused your accident by driving under the influence (DUI) or some other illegal misconduct, you could collect punitive damages along with the other damages won from your case. Punitive damages are awarded at a judge’s discretion when a defendant has caused harm through egregious negligence or criminal misconduct. Your attorney can help you understand how illegal misconduct on the part of the defendant could impact your recovery efforts.

What to Expect From Your Palm Springs Work Injury Attorney

The right legal team on your side can make a tremendous positive difference in the outcome of the recovery efforts you pursue in the aftermath of a work-related injury. The attorneys at English Lloyd & Armenta have extensive professional experience handling a wide range of work injury claims on behalf of clients throughout the Palm Springs area, and we are confident in our ability to address your individual concerns in your recovery efforts.

When you choose our firm to represent you in a work-related vehicle accident case, we can immediately begin gathering the evidence you will need to prove fault for the accident. Proving fault is not necessarily crucial for most work injury cases, but if you intend to pursue compensation from the at-fault driver beyond workers’ compensation benefits, then proving liability will be crucial.

Remember that contributing to causing your own work-related injury will not usually affect your workers’ compensation claim unless you broke the law, were working while intoxicated, or willfully violated workplace safety rules. However, shared fault will diminish your recovery in a personal injury claim under California’s pure comparative negligence law.

Our team can help file your workers’ compensation claim, ensuring the physician you visit assesses your condition fairly and assigns an appropriate disability rating. We’ll guide you through the claim filing process, helping you field any questions from the insurance carrier and gathering whatever documentation you may need to provide so they can finalize their claim determination. When you receive your determination of benefits, we can verify that it is fair and reasonable under the terms of your employer’s policy. You can also rely on our team to help address any mistreatment you experienced from your employer.

If you can file a third-party personal injury claim, you can rely on our team to guide you through this process. After helping you recover as much compensation as possible through workers’ compensation insurance, our firm can build a compelling third-party personal injury suit on your behalf. If you have the ability to file an auto insurance claim against the at-fault driver, we can guide you through this process as well.

Statutory Rules for Your Work-Related Car or Truck Accident Claim

After a work-related car or truck accident in Palm Springs, you may have more than one recovery option available to you. However, time is a crucial consideration, no matter what your recovery efforts entail. If you can file an auto insurance claim after your accident, you only have a few days in which to report the accident to the insurance company. When you intend to file a workers’ compensation claim, you have one year from the date of your injury in which to file the claim, but it is always preferable to file as soon as possible.

If you file a third-party personal injury case against the driver who caused your accident, you must do so within the personal injury statute of limitations. This is two years from the date of the accident. These time limits may sound generous, but the reality is that it will take time to compile the evidence and documentation you must have to file your claim. Seeking legal counsel as soon as possible after your injury will significantly increase your chances of success with all the recovery efforts you intend to pursue.

Find Legal Counsel You Can Trust Today

The attorneys at English Lloyd & Armenta have extensive professional experience with all types of work injury claims in the Palm Springs area. We know that you are likely to have lots of pressing legal questions and face an uncertain situation that you would have significant difficulty navigating on your own. The sooner you reach out to a Palm Springs work injury attorney, the easier it will be for you to manage the challenging proceedings ahead of you. Contact English Lloyd & Armenta today to schedule a free consultation with a Palm Springs work injury attorney and find out how we can empower your recovery efforts.