10 Reasons You Need a Workers’ Comp Lawyer in California
Why Hiring a Workers’ Compensation Lawyer in California Matters
From Filing to Appeals, We’re Here for You
Injured on the job in California? Don’t let your employer deny the worker’s compensation benefits you deserve. At Kneisler & Schondel, we fight for injured employees, securing workers’ compensation benefits like medical bill coverage and disability payments. With decades of experience, Attorney Matthew A. Schondel and our dedicated legal team are here to guide you through the process and help you move forward with confidence.
10 Reasons to Have a Workers’ Comp Lawyer
Common Issues When Filing a Workers’ Compensation Claim in California
- Your Employer is Refusing to Pay Anything
- Your Employer Will Not Report the Injury
- You Have Not Received Disability Benefits
- You Were Fired After Your Workplace Injury
- You Are Unsure if You Are Getting All of the Benefits You Are Entitled to Receive
- You Are Having Trouble Communicating with the Employer’s Doctor
- Your Employer Will Not Offer You Alternative Work After Being Released Back to Work
- The Employer’s Doctor Says You Are Ready to Go Back to Work When You Are Not Comfortable Doing That
- You Have Been Offered a Lump Sum Settlement for Your Workers’ Comp Claim
- Your Employer is Dragging its Feet on Paying Benefits
1. Your Employer Refuses to Pay: Understanding Your Rights and Next Steps
When an employer in California refuses to provide workers’ compensation benefits after a workplace injury, it’s vital to know your rights and the steps to take. California law requires employers to carry workers’ compensation insurance or become self-insured. If they fail to meet these obligations, here’s what you need to do:
Essential Steps After a Workplace Injury
- Report the Injury Immediately
Notify your employer about the injury as soon as possible to ensure your claim is documented. - Complete a Claim Form
Request and fill out a workers’ compensation claim form (DWC-1) from your employer to initiate the process. - Understand Your Benefits
Employers are required to:- Provide a workers’ compensation pamphlet outlining your rights.
- Display a notice of employee rights and workers’ compensation coverage.
- Offer immediate medical care and temporary disability benefits.
2. Your Employer Will Not Report the Injury
If your employer refuses to report your workplace injury, it’s crucial to act quickly to protect your rights under California’s workers’ compensation law. Follow these steps:
Internal Reporting
- Inform Your Supervisor or HR Department: Directly notify your immediate supervisor or human resources if your employer doesn’t report the injury.
- Document Your Report: Keep a written record of your report, including the date, time, and person notified. This documentation is vital for your workers’ compensation claim. Be sure to share this documentation with your workers’ compensation lawyer in California.
3. You Have Not Received Disability Benefits
Navigating disability benefits in California can be daunting, especially if you haven’t received the benefits you’re entitled to. Knowing the eligibility criteria and application process is essential to securing support.
How a Workers’ Compensation Lawyer Can Help
A skilled workers’ compensation attorney can:
- Guide you through the claims process.
- Advocate for your rights.
- Maximize the benefits you receive.
4. You Were Fired After Your Workplace Injury
Losing your job after a work-related injury can be devastating. Fortunately, California law protects injured workers. Under Labor Code Section 132(a), employers are prohibited from firing employees for filing workers’ compensation claims, ensuring your rights are safeguarded.
5. You Are Unsure if You Are Getting All the Benefits You Are Entitled to Receive
Determining whether you’re receiving all the benefits you’re entitled to can be overwhelming. A workers’ compensation attorney can review your situation, clarify your entitlements, and ensure you don’t miss out on critical benefits.
Types of Benefits Available
- Medical Treatment: Coverage for necessary care related to your workplace injury or illness.
- Wage Loss/Temporary Disability Benefits: Compensation for lost wages, typically up to two-thirds of your pre-tax gross income.
- Permanent Loss of Function/Permanent Disability Benefits: Compensation if your injury or illness leads to permanent impairment.
- Retraining or Job Displacement Benefits: Vouchers for retraining or skill enhancement if you cannot return to your previous job.
6. You Are Having Trouble Communicating with the Employer’s Doctor
Effective communication with the employer’s doctor is crucial for managing your workers’ compensation claim. If you’re facing challenges, knowing your rights can help address the issue.
Confidentiality and Medical Information
- Protection of Medical Information: California law requires employers to safeguard the confidentiality of your medical information.
- Authorization Requirements: Disclosures of medical details must meet specific criteria, including:
- Clearly defined scope and limitations.
- Presented in 14-point type or handwritten.
- Signed and dated by you or your representative.
7. Your Employer Will Not Offer You Alternative Work After Being Released Back to Work
When you’re medically cleared to return to work but your employer does not provide suitable modified or alternative work, it’s essential to understand your rights.
Rights to Modified or Alternative Work
- Modified Work: Your original job, adjusted to fit medical restrictions (e.g., lighter tasks for a warehouse worker who cannot lift heavy objects).
- Alternative Work: A different role that accommodates your physical capabilities if you cannot perform your original job, even with modifications.
8. The Employer’s Doctor Says You Are Ready to Go Back to Work When You Are Not Comfortable Doing That
Disagreeing with the employer’s doctor about your work readiness can be stressful. You have the right to seek a second opinion to resolve this dispute.
Requesting a Reevaluation
- Qualified Medical Examiner (QME): Request an evaluation by an independent physician certified by the Division of Workers’ Compensation.
- Agreed Medical Examiner (AME): If you have a workers’ compensation attorney, you and your employer can agree on an AME to conduct a reevaluation.
9. You Have Been Offered a Lump Sum Settlement for Your Workers’ Comp Claim
A lump sum settlement is a pivotal decision in your workers’ compensation claim. It’s a one-time payment in place of ongoing benefits for temporary or permanent disability. Carefully consider the pros and cons.
Advantages of a Lump Sum Settlement
- Immediate Funds: Provides instant access to money for current financial needs.
- Closure: Ends the workers’ compensation process, relieving you of ongoing legal or administrative proceedings.
- No Further Medical Examinations: Eliminates the need for additional medical check-ins related to the claim.
10. Your Employer is Dragging Its Feet on Paying Benefits
California law mandates a prompt response to workers’ compensation claims to prevent financial distress for injured employees. If benefits are delayed, understanding your rights is essential.
Understanding Time Limits and Rights
- Mandatory Insurance: Employers must carry workers’ compensation insurance to ensure timely aid.
- Strict Time Limits: Insurers must resolve claims within 90 days, or liability is presumed.
- Filing Deadline: You must file a workers’ compensation claim within one year of the injury or the end of temporary disability or emergency medical treatment benefits.
How We Help:
File Claims and Handle Disputes
Navigating the workers’ compensation claim process can be overwhelming. At Kneisler & Schondel Law Office, we ensure your claim is filed accurately and on time, avoiding common pitfalls that lead to delays or denials. If disputes arise, we step in to protect your rights and advocate for the benefits you deserve. Whether it’s dealing with uncooperative employers or insurance companies, our legal team has the experience to resolve challenges swiftly and effectively.
Navigate Complex Legal Systems and Deadlines
California’s workers’ compensation system involves intricate rules and strict deadlines. Missing even one can jeopardize your claim. Our team is well-versed in the nuances of California labor laws and the workers’ compensation process. We guide you step-by-step, ensuring compliance with all legal requirements so you can focus on recovering while we handle the complexities.
Maximize Your Benefits and Compensation
Insurance companies often aim to minimize payouts, leaving injured workers with less than they need to cover medical bills, lost wages, and ongoing care. Kneisler & Schondel fights to secure the full extent of your benefits. From temporary disability to permanent disability settlements, we meticulously evaluate your case to ensure you receive every dollar you’re entitled to under California law.
Represent You in Appeals and Settlement Negotiations
If your claim is denied, don’t lose hope. We specialize in appeals, leveraging years of experience to overturn unjust decisions. Additionally, our skilled negotiators work tirelessly to secure favorable settlements, avoiding prolonged litigation when possible. With Kneisler & Schondel by your side, you have a dedicated legal ally committed to protecting your interests and ensuring fair treatment.
How We Work with You
Step 1: Schedule a Free Consultation
Step 2: We Assess Your Claim and Develop a Plan
Step 3: Our Team Advocates for Your Maximum Compensation
FAQs
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What Is The Role Of A Workers’ Comp Lawyer In California?
A workers’ compensation lawyer in California serves as your advocate throughout the workers’ comp process, ensuring your rights are protected and you receive the benefits you’re entitled to under state law. Their role includes:
- Filing your claim: Helping you prepare and submit all necessary paperwork to avoid delays or mistakes that could lead to denial.
- Navigating the legal system: Explaining the complexities of California’s workers’ compensation laws and ensuring compliance with strict deadlines.
- Handling disputes: Representing you in conflicts with employers or insurance companies who may challenge your claim.
- Maximizing benefits: Negotiating to secure the full range of benefits available to you, including medical expenses, lost wages, and permanent disability compensation.
- Litigating if necessary: Representing you in hearings or appeals if your claim requires legal intervention.
In short, a workers’ comp lawyer is your legal partner, helping you through every step of the process to secure the support you need to recover.
When Should I Hire a Workers' Comp Attorney?
You should consider hiring a workers’ compensation attorney if:
- Your claim is denied, or your employer disputes it.
- You face delays or challenges in receiving medical care or benefits.
- Your injuries are severe or require long-term treatment.
- You are unable to return to work or need assistance transitioning to a new role.
- You believe you are not receiving the full benefits you’re entitled to, such as disability payments.
An experienced attorney can ensure your rights are protected and maximize your chances of a successful claim.
What Benefits Am I Entitled To?
As an injured worker in California, you may be entitled to:
- Medical Benefits – Coverage for necessary treatments, surgeries, medications, and rehabilitation.
- Temporary Disability Benefits – Payments to replace a portion of your lost wages while you’re unable to work.
- Permanent Disability Benefits – Compensation if your injury results in a lasting impairment.
- Supplemental Job Displacement Benefits – Vouchers for retraining or skill enhancement if you cannot return to your previous job.
- Death Benefits – Financial support for dependents in cases of fatal workplace injuries.
These benefits are designed to support your recovery and provide financial stability.
What If My Employer Denies My Claim?
If your employer denies your workers’ compensation claim, you still have options:
- File a claim with the California Division of Workers’ Compensation (DWC): This initiates a formal review of your case.
- Request a hearing: A judge can evaluate your case and determine your eligibility for benefits.
- Consult an attorney: A workers’ comp attorney can help you gather evidence, file necessary documents, and represent you in disputes.
A denial does not mean your case is over. With legal guidance, you can challenge the decision and fight for the benefits you deserve.
How Can A Workers’ Comp Lawyer Help With A Denied Claim?
If your workers’ compensation claim is denied, a lawyer can help by:
- Identifying the reason for the denial: Reviewing your case to pinpoint why the claim was rejected, such as insufficient evidence, missed deadlines, or employer disputes.
- Filing an appeal: Guiding you through the formal appeals process, including submitting necessary forms and representing you at hearings.
- Gathering evidence: Strengthening your case with additional medical records, witness statements, or expert testimony to support your claim.
- Negotiating with insurers: Pushing back against insurance companies who may unfairly deny or minimize claims, using legal leverage to seek a fair resolution.
- Representing you in court: If necessary, taking your case to the Workers’ Compensation Appeals Board (WCAB) and advocating for your rights before a judge.