Sylmar CA Workers Compensation Lawyer

Sylmar Workers Compensation Attorney

If you have been injured on the job, you have the right to receive workers’ compensation. Medical bills can add up quickly, and you may also have to take time off of work to recover, causing you to lose income. These are some of the reasons that workers’ compensation is so important for employees. If you are a California employee who has suffered injuries on the job, you need to consult with a Sylmar, CA, workers’ compensation lawyer at Law Offices Of Anthony Choe.

What a Workers Compensation Attorney Can Do for You

An attorney’s main goal is to serve as your advocate, helping you receive the compensation benefits you deserve. Having an experienced attorney like Anthony Choe someone to represent you is very beneficial as they can help guide you through the complicated legal process. They can file your claim for you, make sure that it is fairly evaluated, handle the appeal process if one is necessary, and even negotiate with the insurance company on your behalf.

A workers’ compensation attorney will help you achieve a positive outcome, including getting a fair settlement to help cover your medical costs and lost income. They also want to help you return to work after injury as soon as you are physically able. However, there are a few mistakes that everyone must avoid to prevent a medical compensation denial. Your lawyer can guide you with these pointers and help you get the maximum compensation.

What Happens After You File a Claim

Your lawyer will file your claim for you and send it to your employer. Your employer must then send that claim to the insurance company, which must review it and then either accept or reject it. If the claim is accepted, then you can receive medical care, making sure to keep your lawyer updated on your progress. At some point, you will likely reach maximum medical improvement, and treatments will stop.

In the event that your claim is rejected, you have the right to fight it by filing your claim at a Division of Workers Compensation office. It is suggested that you consult with an attorney on how to file a claim with this office, as there are specific forms that must be filled out.

After you and your attorney determine that you are ready to go to trial for your case, your attorney must file a Declaration of Readiness to Proceed form. This will serve as a means of asking for a hearing to take place. As the hearing date is scheduled, you, along with your attorney, will go before a judge to present your case, providing evidence to prove that your injury was a result of an incident on the job site.

Types of Benefits Available Under Workers Compensation

Almost all companies that employ at least one person must provide workers’ compensation according to California law. They must inform their employees of these available benefits and the claims which every employee can opt for in California. Therefore, if an employer fails to provide workers’ compensation, they are going against the law.

Workers’ compensation benefits in California include:

• Medical treatment. This benefit is for you to get the medical care needed in order for you to recover from some incidents like heat related accidents and other accidents, and your employer’s insurance company covers the cost.
• Temporary disability. If you are temporarily disabled from your injury, you can receive up to two-thirds of the income that you have lost.
• Permanent disability. If you do not recover fully after sustaining job injuries, then you have the right to receive permanent disability benefits to provide you with financial assistance as you are no longer able to work.
• Supplemental job displacement benefit. This is a voucher that allows you to learn a new skill in the event that you can’t return to your current position due to your injury.
• Death benefits. These benefits are provided to your family members and any other dependents in the event that your injuries become fatal.

FAQs

What if I Was Fired After Sustaining a Workplace Injury in California?

If you were fired after sustaining a workplace injury in California, know that California law is on your side. Labor Code, Section 132(a) states that it is against the law for employers to terminate employees due to filing a workers’ compensation claim. As workers’ compensation is an employee’s protected benefit, it is within your right to file a claim. You may also have the grounds for filing a wrongful termination claim. By hiring a skilled Sylmar, California lawyer you can know your rights and can get the right compensation.

What if My Employer Refuses to Report My Injury?

If your employer refuses to report your injury, then you need to take action to protect your workers compensation claim quickly in order to receive the benefits to which you are entitled. If you inform your employer of your injury, but they refuse to report it, consider going to human resources. Document the incident, then consider consulting with a workers’ compensation lawyer to file independently.

Is a Lawyer Necessary When Filing a Workers’ Compensation Claim?

It is not necessary to have a lawyer to file a workers’ compensation; however, it can be beneficial. If you are trying to navigate through the legal process, it can be helpful to have a lawyer’s assistance to help clarify anything that is confusing or complicated. If, for example, your claim is denied by insurance, a lawyer can help direct you when you are unsure of the next steps to take.

What Is the Five-Year Rule for Workers Comp in California?

The five-year rule for workers’ comp in California involves the requirement for employers to keep documentation regarding workers’ compensation for at least five years. These records include anything related to incidents, diagnosis of the injury, and any compensation given. This is especially important in the event that the employer is audited to ensure that they are keeping in line with workers’ compensation laws.

Consult Our Experienced Lawyer for Your Workers’ Compensation Needs

Being injured on the job entitles you to the right to receive workers’ compensation. Receiving necessary medical care can become costly, and you may need to take time off so that you can recuperate, so you may lose income. If you have sustained an injury and you are a , California employee, consider consulting with a Sylmar, CA, workers’ compensation lawyer. Contact the Law Offices of Anthony Choe for assistance with your case.

Anthony Choe is fluent in Spanish and will be happy to accommodate you in Spanish if you desire.