California law requires almost every private employer to have workers’ compensation insurance, even if they have just one employee. If you work in Torrance and suffer an injury while performing your job duties, you are likely covered by your employer’s workers’ compensation insurance policy. Filing your claim for benefits can provide valuable relief, and working with a Torrance, CA, workers’ compensation lawyer makes filing your claim much easier.
Anthony Choe is a former defense attorney who primarily represented employers and insurance companies against injured workers filing claims for benefits after injuries in the workplace. Today, the team at the Law Offices of Anthony Choe offers legal representation to injured workers in Torrance and surrounding communities, helping them maximize their benefits. As an experienced Torrance workers compensation lawyer, Mr. Choe uses his background to provide strong advocacy for workers in need.
Our firm provides legal counsel in both English and Spanish, ensuring we can fully represent a broader range of clients in the Torrance area than many other local attorneys. Anthony Choe’s unique level of experience as a former representative of workers’ compensation insurance carriers means that our team knows precisely what you’re up against as you file your claim, and we know the tactics that insurance companies use to avoid paying out fair benefits.
When you choose our firm as your legal representation, we can help properly prepare for filing your workers’ compensation claim, answer your most important legal questions, and do everything we can to help maximize your benefits when your claim is approved. Our goal in every work injury case we accept is to secure maximum compensation for our client as efficiently as possible.
You can qualify to file a workers’ compensation claim as long as your injury happened while you were working, even if you accidentally caused it yourself. However, you cannot claim workers’ compensation benefits for an injury you suffered while commuting to or from work. Other issues, such as injuring yourself because you were working under the influence of drugs or alcohol, may also disqualify you from claiming benefits.
Workers’ compensation insurance aims to provide flexibility and financial protection to employers, providing coverage for their injured workers’ claims while shielding them from civil liability for injured workers’ damages. It also protects employees by providing valuable benefits that aid in their recoveries. Filing your claim for workers’ compensation benefits is like filing any other type of insurance claim, but your employer is involved in the process.
Your employer must handle your claim in good faith, which means that once you report your injury, your employer should provide you with the materials you need to file your claim to their insurance carrier. If your employer interferes with your claim or refuses to uphold their legal obligations, it can form grounds for a civil suit. If they assist you, they will provide you with the forms you must submit to their insurance company. It is important to have your workers’ compensation claim valued accurately to ensure that you receive the full benefits you’re entitled to.
Part of the claim filing process will be a medical evaluation. You need to visit a doctor approved by your employer’s insurance company for a disability rating before you receive any benefits. This doctor will assess the severity of your injury and the extent of long-term or permanent complications it will cause and assign you a disability rating between one and 100. The higher your rating, the more benefits you can receive, and for a longer period.
If you succeed with your workers’ compensation claim, you can expect two forms of compensation from your employer’s insurance carrier. First will be medical expense coverage. The insurer will pay for all the medical care you need to fully recover, including ongoing costs for any rehabilitative treatment you need for a severe injury. Second is disability benefits; how much you receive will depend on the severity of your injury.
If you still possess enough functional capacity to work but you cannot earn as much as you did before your injury, you can receive partial disability benefits that will make up the difference in your earnings. You will need to report your income and your medical progress to the insurance company to maintain eligibility for these benefits, and payments will cease once you can return to work at your previous earning capacity.
If you cannot work at all due to the severity of your injury, then you can receive total disability benefits. These benefits will equal about two-thirds of your average weekly pay and can continue until you recover or for up to 104 weeks. Individuals who suffer permanently disabling injuries may qualify for extended benefits under certain conditions. Your Torrance, CA, workers’ compensation lawyer can ensure you receive a fair determination of benefits.
There are some damages that workers’ compensation cannot repay. It is also possible that your employer does not have proper insurance coverage as required by law, or a third party outside of your work may have caused your injury. In these situations, you could have grounds for a personal injury suit. An experienced attorney can help you make the most of this type of claim, potentially helping you recover compensation for damages that insurance can’t or won’t cover.
If you have grounds for a personal injury suit, you can seek compensation for the economic and non-economic damages the defendant caused. For example, if you were hurt at work by a third party, your workers’ compensation claim can cover medical expenses and a portion of your lost income, but a third-party personal injury suit can allow you to recover the remainder of your lost wages and compensation for your pain and suffering. In California, the law allows workers to pursue both workers’ compensation claims and third-party personal injury lawsuits under certain circumstances.
Ultimately, you may have more recovery options than you realize, and the right attorney can help maximize the results of all the legal efforts you make to recover from a workplace injury. The Law Offices of Anthony Choe have the professional resources, skills, and experience necessary to handle the most challenging cases. Contact us today and schedule a free consultation with a Torrance, CA, workers’ compensation lawyer to learn how we can help you.
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