Yucca Valley Workers Compensation Lawyer

Workers’ Compensation in California

According to information gathered by the U.S. Bureau of Labor Statistics, there were 439 fatal work injuries throughout California in 2023 alone. Transportation accidents accounted for the majority of these fatal injuries, with 25%. Exposure to harmful chemicals or environments was second, at 24%.

When it comes to workers’ compensation benefits in California, the state operates solely on a no-fault system. This means that to qualify for workers’ comp benefits, you only need to be able to prove that the accident happened at work, regardless of who was at fault. In return for accepting workers’ comp benefits, the injured worker agrees not to pursue legal action against their employer for letting the accident happen. Generally, this system benefits both parties.

It’s no secret that California has some of the most substantive and pro-employee labor laws in the country, including workers’ comp benefits that greatly help the injured employee. The state’s workers’ comp benefits provide injured employees with access to the medical treatment they need and the necessary recovery time they need to heal and return to work. According to the state’s labor code, every employer must carry some form of workers’ comp insurance.

The Workers’ Comp Claims Process

The claims process for workers’ comp in California may be different for everyone. It depends largely on the company you work for, the severity of your injuries, and whether or not you have hired a workers’ comp lawyer to help you through the process. Understanding the general steps in the process can make it easier for you. Here is an overview of the workers’ compensation claims process:

• Dealing with the Accident: Your process begins when you suffer a workplace accident. Be sure to document your injury as well as you can. It may not be a sudden event that causes your injury. It could be an injury that gradually develops over time, such as a repetitive stress injury. As long as you can prove it happened at work or because of your job duties, it will likely qualify under the state’s labor laws.
• Notify Your Employer: Make sure you notify your employer as soon as you can. Once they are aware of the incident, they will provide you with a workers’ comp claim form that you must fill out and return to them. Your claim will then be reviewed by the company’s claims administrator.
• See a Doctor: Make sure you see a doctor as soon as you can. While you will want to see a doctor for your injury and a diagnosis, it is also very important to document your medical records and have a treatment plan to follow. Be sure to follow the treatment plan very closely. If you fail to do so, the claims administrator may be able to use that as evidence that your injury clearly isn’t that bad and you don’t need workers’ comp.
• Await the Response: After going through your case, the claims administrator will either approve or deny your claim. If they approve it, you will receive your workers’ comp benefits. If they deny it, the administrator will determine that your injury doesn’t qualify, and you should start working on your appeal with a workers’ comp lawyer.

FAQs

Q: How Much Do Workers’ Comp Lawyers Charge in California?

A: How much a workers’ comp lawyer may charge in California varies. Every workers’ comp case is different, with each case having its own contributing factors that are going to determine exactly how much your lawyer will charge for their services. These contributing factors may include the severity of your injury, the complexity of your case, and the lawyer’s own education and experience.