Being injured at work can be detrimental to your mental and physical well-being, as well as your financial stability. If you are unable to return to work due to a painful accident, your finances can suffer due to a lack of mobility. Returning to work could set back your recovery, so it’s crucial that you receive compensation. An skilled Eagle Rock workers’ compensation lawyer can work to put you at ease so you don’t have to decide between worrying about your physical health and your job security.
If you have not been receiving fair treatment after an injury, it could be time to consider your options. At the Law Offices of Anthony Choe, we aim to resolve issues for our clients and help them regain a sense of stability after an incident. Our goal is to inform you of the benefits you are eligible for and help maximize your compensation.
After a workplace injury, there are several steps you should take to protect your rights and ability to seek compensation.
It is important to keep a record of any medical bills, medication, expenses, and fees you have received while you are unable to perform your job. Take photos and file your correspondence with your healthcare provider as well as your employer. Record their response to your injury and how they handled the incident.
Document their response to your notification of the injury and how it was handled. This will be important to build a strong case. Contact anyone who may have witnessed your incident, and keep a record of the conversations you have with fellow employees.
Utilization Review is a process that surveys the medical necessity of an injury and provides a sense of checks and balances. This system can be a part of the prior authorization process when a patient is required to sign off from their healthcare provider to perform a procedure or provide care.
Hiring a lawyer can seem like a daunting task, but the workers’ compensation team at the Law Offices of Anthony Choe works to make the process as seamless as possible. That process begins with a free consultation. It is our goal to help alleviate the stress of our clients after they endure severe pain and trauma. After a workplace injury, leave the heavy lifting to us.
If you file for workers’ compensation, your job cannot fault you for filing. It is illegal for a company to fire you for recovering from a work-related injury.
However, it is important you file as soon as possible. The longer you wait, the longer it will take for you to receive compensation. Filing immediately also creates a strong sense of urgency, which can increase your chances of a successful claim. You have a limited amount of time to file for compensation from the date of your incident.
What if I Was at Fault for My Workplace Injury?
You are still eligible to receive benefits, even if the accident was your own fault. However, limitations can apply. If you were intoxicated, taking part in illegal activities, or violating the law, you may no longer be eligible for workers’ compensation. Limitations also apply if your injury is not related or in direct correlation to your job. For example, an injury that happened after working hours in your home does not qualify you for compensation.
Once filed, your lawyer will send your employer the claim, and it will be transferred to the insurance company. If the claim is accepted, you will receive benefits, and it is important to keep your lawyer informed of the progress made in this time. If the claim is denied by the insurance company, you will then have the opportunity to appeal the case at a Division of Workers Compensation office. At certain times, the case may go to court.
In California, workers’ compensation lawyers work on a contingency fee, which means that they only receive payment if their client has been compensated. This means there is no financial risk to you in hiring an attorney. In fact, you may suffer more financially if you forgo a lawyer. Without strong legal representation, you could receive an insufficient settlement or have your claim denied.
In California, you likely cannot sue for pain and suffering after a workplace injury. Workers’ compensation is limited to lost wages and medical expenses. Pain and suffering may be recoverable in a personal injury claim. However, due to the no-fault aspect of workers’ comp laws, workers are unable to sue employers for their injuries in most cases.
The value of your payout for workers’ compensation is dependent on the severity of the injury and wages lost after the accident. For example, the settlement of a client who has lost a limb due to faulty machinery on the job will greatly exceed the payout for a client who broke their wrist.
You are not required to hire a lawyer to file a workers’ compensation claim, but it is extremely beneficial when navigating logistics. Sifting through documents with legal jargon can be confusing, and it is incredibly helpful to have a seasoned professional to help your case. A lawyer can help you through each step of the claim filing process and help you with the next steps if your claim is denied. If you are in Eagle Rock, Los Angeles, a local attorney can provide valuable assistance and ensure that your rights are protected throughout the process.
At the Law Offices of Anthony Choe, we want to make the filing experience as seamless as possible. Our Eagle Rock workers’ compensation lawyer looks forward to analyzing your case and helping you get the compensation you deserve. Reach out today to learn more. We are happy to accommodate our Spanish-speaking clients as well.
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