Palm Springs Workers Compensation Attorney
Whether you work in construction, retail, hospitality, an office, or the public service industry, you are protected by California labor laws and provided certain assistance. Under the state’s employment legislation, your rights include receiving workers’ compensation benefits after sustaining an injury or other disability resulting from your job. Seeking the guidance of a Palm Springs workers’ compensation lawyer can help recover the compensation you may be entitled to.
At English Lloyd & Armenta, our skilled attorneys have more than three decades of experience helping clients with their workers’ comp questions, issues, and general proceedings. We have assisted countless clients across numerous professions, including those working in agriculture, restaurants, construction, factory and manufacturing, hospitality, truck operators and other driving workers, and many other industries.
Types of Workplace Injury Cases We Handle
The vast majority of the time, injured employees who file a workers’ compensation claim are denied the right to payment benefits. While insurance companies tend to focus on more serious cases and can’t possibly provide benefits for each claim they receive, every worker has the legal right for their case to be taken seriously. They also have the right to receive compensation to the degree they’re entitled to for covering their medical costs, lost wages, and more.
From minor injuries to catastrophic and severe accidents, there are a number of workplace injury cases the professional team at English Lloyd & Armenta handles regularly. These cases include:
- Back and spinal cord injuries. Often inflicting long-term impacts on the victim, back and spinal cord injuries could result in chronic pain, lengthy recovery times, and the need for multiple corrective surgeries. Injuries include herniated discs, partial paralysis, loss of mobility, and more. Treatments could mean decompression procedures, spinal fusions, and hardware removals. In some cases, these injuries also frequently warrant ongoing physical therapy due to the nerve damage sustained.
- Brain injuries. These injuries can range from mild concussions to severe and traumatic brain damage. Brain injuries of all degrees have the potential to cause long-term or permanent effects on a person’s ability to function, self-support, form new memories, communicate with others, and earn wages at a job. Brain and head injuries can include concussions, brain swelling, hemorrhages, hematomas, and skull fractures.
- Complex injuries. These include cases where multiple injury components are involved. Often, workplace injuries result from trying to compensate for existing injuries or those sustained while recovering from a prior injury.Other types include those caused by falling from a great height, machinery accidents, crushing and penetrating injuries, electrocution, continuous exposure to toxic substances, repetitive motion injuries, Complex Regional Pain Syndrome, and Regional Sympathetic Dystrophy.
- Psychological injuries. Some psychological injuries are suffered as a result of continuous job-related stress, a traumatic event, or an inherently traumatic profession with stressful work conditions. These injuries are often left untreated and overlooked as part of workers’ compensation claims. However, the importance of mental health cannot be overstated.
Unfortunately, some injuries could be stalled or denied during the investigative process or due to procedural delays. While injured workers wait for updates about their compensation claim, the case can drag on while bills pile up and frustrations increase. Employers and insurance providers often use evasive tactics for cases involving cumulative trauma injuries, unwitnessed injuries, wrongful workplace deaths, and catastrophic injuries.
These are just a few of the injury types that you could experience that may qualify you for workers’ compensation. Other injuries you may suffer include broken bones, damage to various internal organs, and amputated limbs or other extremities. No matter what type of injury you have suffered, contacting our team can help provide you with the guidance you need to navigate the complex road ahead.
Benefits Included in Workers’ Comp in CA
Workers’ compensation includes payment for a variety of expenses. This could include:
- The expenses of necessary medical care
- Ongoing physical therapy
- Prescribed medications
- Wage replacement payments
If the injured employee is able to do partial or alternative work during recovery, they may receive temporary partial disability payments. The purpose of these benefits is to allow the employee to recover financial compensation they would otherwise earn in order to support themselves and their family.
If you exhaust your temporary disability benefits, you may be eligible to receive permanent disability payments. Permanent total or partial disability benefits are available but are dependent on the diagnosis from a doctor and the impacts of that diagnosis on your ability to work.
In the event a worker dies as a result of their job-related injury or illness, their family is entitled to death benefits under workers’ compensation. This provides payments to the employee’s spouse, minor children, and other dependents until the last child turns 18 or indefinitely if the child is mentally or physically incapacitated.
Steps to Take if You Suffer a Workplace Injury
As soon as you sustain an injury from a workplace accident or when an occupational injury or illness becomes apparent to you, be sure to promptly notify your supervisor. Reporting as soon as possible can help avoid issues and allows your employer the opportunity to compensate you through their insurance.
If you don’t report the harm within 30 days of the injurious accident or upon learning or believing the cumulative injury was caused by your workplace duties, you may lose the right to receive benefits from workers’ compensation.
Once your employer is made aware of the injury, they are required to file an incident report. Supervisors must also provide the worker with the resources and materials needed to file their injury claim. If your employer does not fulfill these legal obligations or proceeds to take direct retaliatory action against you, you could have the right to file a claim through your workers’ comp lawyer and hold your employer accountable.
It’s also strongly advised that you seek medical attention right away if the incurred physical damage is an emergency or if you require a physician’s treatment in order to manage the symptoms. Your workers’ comp attorney in Palm Springs can help you in filing your claim while you receive treatment and begin recovering. An attorney can also handle all interactions with the insurance provider on your behalf and ensure they handle the case in good faith.
Determining Factors Toward Workers’ Compensation
Payments provided for temporary total disability are typically two-thirds of the average weekly wage the employee earned prior to injury. There is a minimum and maximum amount of gross wages earned before injury that can be used to calculate the amount of each payment installment. These ranges are also influenced by the year in which the date of injury occurred. Payments are provided every two weeks as long as the worker continues to qualify for benefits.
Permanent disability benefits are determined according to legally set guidelines. The amount of compensation paid to an injured worker will be based on several factors, including a qualified medical examiner’s rating of the disability, the date on which the injury occurred or became apparent, the employee’s average weekly wages earned before sustaining an injury, and whether or not their employer offers them regular or alternative work that meets the legal requirements.
Permanent Disability Injury Ratings
If a worker is eligible for continued workers’ comp benefits because of a permanent disability, the degree of impairment caused by their injury must be rated by a qualified medical examiner in order to calculate their benefits. This rating is in the form of a percentage determined by various factors and reflects an estimation of how much a worker’s disability limits the type of work they can do or their overall ability to earn a living.
The disability rating is based on several factors. These factors include:
- The date of injury
- How old the employee was when injured
- The employee’s occupation
- The worker’s medical condition as outlined by a medical professional
- How much of the disability was caused by the person’s job duties compared to other factors
A rating resulting in permanent total disability is rare, but it occurs. The rating of the injury is factored into the formula for compensation that a worker may be entitled to. Our team can help you understand the ratings of your injuries in an effort to help estimate how much compensation you could receive.
FAQs
How Long Do Most Workers’ Comp Settlements Take?
It’s difficult to estimate how long a workers’ comp case may take to settle. Each injury claim is influenced by its unique circumstances, including the severity and complexity of the employee’s injury, how cooperative the insurance provider is, and other factors. A settlement offer may be proposed at any time, and having a skilled workers’ comp lawyer to help not only can streamline the process but they can also ensure your settlement payout is fair for the injuries incurred.
How Much Does a Workers’ Comp Lawyer Cost in California?
How much a workers’ compensation lawyer may cost depends on various factors. Each lawyer has their own billing policy. Some attorneys may take workers’ comp cases on a contingency basis, meaning payment is only provided upon securing a settlement. A contingency fee comes from a percentage of the settlement payout, which is agreed upon before the lawyer begins working on the case. Other lawyers may charge an hourly rate, and the total costs depend on the complexity of the case.
What If I’m Laid Off While Receiving Workers’ Comp in CA?
Employers may terminate any worker for lawful reasons at any time, including employees receiving workers’ comp. Lawful reasons include mass layoffs if the employer was already planning to fire the worker due to their poor performance or another valid reason.
Employees cannot be terminated for reasons that violate their civil rights, which includes wrongful termination on the basis of a worker’s injury, medical condition, or participating in protected conduct. Contact an attorney if you suspect you’ve been retaliated against.
Does Workers’ Comp Include Pain and Suffering in CA?
Workers’ compensation benefits don’t include pain and suffering or punitive damages. Disability benefits are meant to provide compensation for medical treatment necessary for recovering from the workplace injury or illness as well as partially replace the wages lost during recovery and aid the employee in returning to work. Depending on the circumstances, you may be able to file a separate personal injury claim against your employer if your injury was the result of intentional harm or negligence.
Stalled Serious
Injury Cases
We specialize in reviving and closing stalled workers’ comp cases on your behalf.
Workers’
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