WORKERS’ COMPENSATION

Indian Wells Workers’ Compensation 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.

Indian Wells workers’ Compensation Lawyer

Workers’ compensation benefits exist to provide relief to an employee injured on the job. Workplace injuries take many forms, from acute traumatic injuries like broken bones and head injuries to degenerative conditions like arthritis and Carpal Tunnel Syndrome that result from years of repetitive motions. The workers’ compensation system in California aims to provide financial relief for workplace injuries and help injured employees return to work as safely as possible.

If you or a loved one suffered a workplace injury in the Indian Wells area, talk with our firm. It’s essential to know what to expect from the workers’ compensation claim process, your employer’s responsibilities, and your rights regarding benefits and compensation for your losses are concerned. An Indian Wells workers’ compensation attorney can be your best asset when you are uncertain about a workers’ compensation claim or have encountered resistance against a legitimate claim.

How Does Workers’ Compensation Work?

Your Indian Wells workers’ compensation lawyer can provide you with professional insight as to how the state of California’s workers’ compensation laws play into your case. Every employer in California must carry workers’ compensation insurance, even a company with just one employee. If an employer has denied you workers’ compensation because they claim they do not carry it, the employer is in violation of state law and liable for your damages.

When an employee suffers a workplace injury, whether it was the result of negligence or a freak accident, the employee should report it immediately and start the workers’ compensation claims process as swiftly as possible. Delaying notifying your supervisor about your injury and putting off your claim increases the chances of a claim denial; the California Division of Workers’ Compensation will look at any delay in the filing of your claim as a potential justification to deny you benefits or reduce the amount of benefits you can receive.

After reporting your injury to your supervisor they should provide you with all of the forms and documentation you will need to file your workers’ compensation claim. Receiving workers’ compensation benefits for a workplace injury requires a medical evaluation from a physician approved by the workers’ compensation insurance carrier. An injured employee can receive emergency medical treatment from any available doctor. However, once they stabilize, they must promptly arrange an evaluation from a physician on the insurance carrier’s approved list.

Workers’ Compensation Physical Evaluation and Disability Ratings

A workers’ compensation insurance company’s approved physician must evaluate you and assign you a disability rating for you to qualify for workers’ compensation benefits. The higher your disability rating, the more substantial your benefits will be. For example, suppose an employee suffered an injury that will not cause any permanent damage but will prevent them from working for several weeks while they heal. In that case, they will likely receive a low disability rating and will qualify to receive minimal benefits.

On the other hand, if an employee suffers a catastrophic injury at work that will almost certainly result in permanent damage, their disability rating will likely be much higher, thus qualifying them to receive more substantial benefits. If an injured employee has been so seriously injured that they cannot hope to return to work at all in the future or sustained a permanent disability that significantly diminishes their ability to live independently, compensation looks different. In this case, it is likely the injured employee may qualify for long-term or permanent workers’ compensation benefits.

An injured employee has the right to see more than one doctor from the workers’ compensation insurance carrier’s approved list. There are specific rules in place regarding second opinions, visiting multiple workers’ compensation doctors, and other options an injured employee may take when they believe they have received an inaccurate disability rating. An Indian Wells workers’ compensation lawyer is an excellent resource if you are unconvinced that a workers’ compensation doctor gave you an accurate disability rating.

What to Expect from Workers’ Compensation Benefits

In California, workers’ compensation benefits are paid on a weekly basis based on the claimant’s average weekly wages prior to their injury and their disability rating. These factors determine not only the amount for each benefit payment but also the number of benefit payments the claimant will receive. In some cases, an injured employee may start receiving workers’ compensation benefits at one rate and then qualify for partial benefits at a lower rate for an extended period following their initial benefit payment period.

It’s not uncommon for workers’ compensation claimants to encounter issues with the workers’ compensation claims process. In the event an employer refuses to cooperate with an injured employee’s request for workers’ compensation forms or otherwise interferes with the employee’s recovery, the employer could face criminal prosecution for illegal retaliation. An error on a workers’ compensation claim form could lead to significant delays in the processing of a claim or the receipt of benefits. In some cases, an injured employee may have grounds for a personal injury claim or third party claim on top of their workers’ compensation claim.

An Indian Wells workers’ compensation attorney can help you navigate all phases of California’s workers’ compensation system. This includes drafting your initial claim for workers’ compensation benefits, securing supporting documentation to submit with your claim, handling pushback from the Division of Workers’ Compensation, and pursuing additional legal action if necessary on your behalf.

 

Find Your Legal Representative in Indian Wells Today

A workplace injury can have disastrous consequences on both your personal health and your family’s economic survival. When you are unable to work due to a workplace injury and are having trouble navigating the workers’ compensation claim process for any reason, it is essential to contact an experienced Indian Wells workers’ compensation lawyer as soon as possible.

Any delays in the filing of your claim can significantly hinder your ability to collect the benefits you and your family need. Additionally, working swiftly to secure your workers’ compensation benefits with the help of an Indian Wells workers’ compensation attorney means a better chance of securing additional compensation beyond what workers’ compensation benefits can provide through additional legal action.

If you are ready to discuss your workers’ compensation claim with a trustworthy Indian Wells workers’ compensation attorney, contact English, Lloyd & Armenta today to schedule a case evaluation with our team. We can assist with your claim and any other related legal issues you are currently facing.

 

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