If you get hurt on the job in Downey, CA, you can file a workers’ compensation claim. However, there can be times when a workers’ comp claim gets denied, despite the fact that an employee was injured through no fault of their own. At these times, it pays to hire an experienced Downey personal injury lawyer.
At Simmrin Law Group, we offer legal help to those involved in workers’ comp cases. For more information, please reach out to us. Our Downey workers’ compensation lawyer can review your case and help you decide if now is the best time to file a lawsuit.
What You Need to Know About Workers’ Compensation in Downey
California law requires employers across the state to carry workers’ compensation insurance. This type of insurance is available to all workers in California. A business that does not have workers’ comp coverage can face criminal penalties.
Employees who get hurt on the job can receive any of the following workers’ compensation benefits:
- Medical care
- Temporary or permanent disability benefits
- Supplemental job displacement benefits
Along with these, the family of a worker who is killed on the job can receive death benefits, which are paid at a rate identical to the late employee’s temporary disability rate. In this situation, the family of the deceased worker may be able to file a wrongful death claim as well. If the claim is successful, the deceased worker’s family may receive money that can be used to cover lost income and other damages that they have incurred.
For a free legal consultation with a workers’ compensation lawyer serving Downey, call (310) 896-2723
How to File a Workers’ Compensation Claim
There is a three-step process for workers’ comp claims in Downey.
1. Report Your Injury to Your Employer
You should report your work injury to your employer within 30 days of when it happens. In this instance, you should notify your employer about your injury and go to a doctor to treat it. Also, it is beneficial to track any medical bills associated with your injury and treatment.
2. Submit Your Claim
Your employer is required to give you a workers’ comp form within one working day of when you report your injury. In addition, they must give you information about your legal rights and eligibility for benefits, what you need to do to request these benefits, and other information about the workers’ comp process. Once you get the form, complete your portion of it, return it to your employer, and make sure that everything is submitted to your employer’s insurance company.
3. Await the Insurance Company’s Response
Your employer’s insurance company has up to 90 days from the date you submit your claim form to decide whether to authorize your benefits. In the meantime, the insurer is responsible for your medical bills up to $10,000. They can also be responsible for paying temporary disability benefits within 14 days if you have to miss work due to your work injury.
Even if you have a valid claim for benefits, your request can still be denied. If this happens, you have up to one year to appeal. With help from a Downey workers’ compensation attorney, you can present a compelling argument to help you get the benefits you deserve.
Downey Workers’ Compensation Lawyer Near Me (310) 896-2723
When to File a Workers’ Compensation Lawsuit
In most instances, there is no need to submit a workers’ comp lawsuit. Yet, there are instances when it can be in your best interests to sue your employer to get compensation relating to an on-the-job injury. These instances can include:
- Your employer was negligent to the point where they created an unsafe work environment that contributed to your workplace injury.
- Your employer did not follow OSHA safety requirements or did not provide you with proper safety equipment or sufficient training for your job.
- You were forced to use defective equipment at work, and this equipment caused you to suffer an injury.
At the Simmrin Law Group, our workers’ compensation attorney in Downey gives your case the attention it deserves. Our lawyer can answer frequently asked questions about workers’ comp claims and help you weigh the pros and cons of filing a lawsuit. To learn more, please get in touch with us.
How Much Money You Can Get in a Workers’ Compensation Lawsuit
There is no limit on the amount of economic and non-economic damages that you can ask for in a personal injury lawsuit in California. A workers’ compensation lawyer in Downey will encourage you to ask for both types of damages. They will also encourage you to seek the most compensation possible.
Economic damages can be awarded based on the income you lose, your medical bills, and other quantifiable losses. Comparatively, you may receive non-economic damages based on pain, suffering, and other subjective harm that you are experiencing. In total, you may ask for thousands of dollars in damages in your lawsuit.
Your lawyer will help you craft an argument designed to maximize your settlement. If you have a wealth of evidence that shows your employer was negligent, you may have no trouble securing 100% of the damages that you request. You may be able to settle your case without a trial, too.
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What to Expect After You File a Workers’ Comp Lawsuit
Your lawyer works with you to gather and evaluate evidence and build a compelling argument. Meanwhile, your employer may come forward with a settlement offer. At this point, you must decide if it is in your best interests to accept the proposal.
Together, you and your attorney can decide how to proceed with a settlement proposal. If your attorney believes your employer has submitted a lowball offer, they will let you know. Your lawyer will not decide on any settlement proposal, and you have the final say on whether to approve an offer.
If you decide against accepting a settlement, you can decline it. From here, you and your attorney continue to focus on strengthening your case. If your case goes to trial, a judge or jury will decide if you will be awarded damages.
Get Legal Help with Your Workers’ Compensation Claim
Simmrin Law Group has plenty of experience with workers’ comp claims. We can help you get fair compensation following a work injury that you suffer due to your employer’s negligence. To find out more or request a free case evaluation, please contact us today.