Worker’s Compensation Attorney Anaheim.

Workers’ compensation is a necessary term to understand for both employees and employers as it assists in safeguarding companies whenever unforeseen incidents occur on the job, such as physical injuries and car accidents. Our team here at Chen & Nowzari LLP are experienced in these cases and aim to elucidate what workers’ compensation is as well as the steps an individual in or around Anaheim, CA, should take to receive it.

What Is Workers’ Compensation?

Workers’ compensation refers to government-mandated employer insurance coverage that offers healthcare and financial benefits to workers who acquire injuries and/or illnesses while on the job. Aside from medical payments and lost wages, workers’ compensation also provides rehabilitation costs and death insurance to families of employees. Essentially, workers’ compensation is a state-mandated social insurance program founded on an agreement between the management of a company and the labor force wherein insurance is offered in exchange for protection from civil lawsuits. Consequently, workers’ compensation saves employees from likely insurmountable costs related to work injuries and guards companies from potential damage caused by claims.

The amount of workers’ compensation insurance that can be provided varies from state to state — rates for businesses are primarily determined by analysis of data related to workplace injury patterns as well as economic factors unique per state. Some states may not even allow small businesses to be covered by workers’ compensation. However, most insurance programs generally cover salary replacement approximately two-thirds of the gross wages and healthcare costs of an employee for injuries directly incurred due to employment. While fault is usually not an issue (negligence does not necessarily play a role in determining whether an employee is eligible for compensation), employees forgo the right to sue their employers if they choose to receive the benefits of workers’ compensation.

Laws That Apply to Workers’ Compensation

Since workers’ compensation is state-mandated, laws that establish the framework of this coverage and regulate its benefits can vary by state. There are also federal laws for employees that have interstate dealings as a major aspect of their jobs. These include the Federal Employment Compensation Act for federal employees not part of the military. This act, which is handled by the United States Department of Labor, covers medical expenses and two-thirds of the normal monthly salary of an employee throughout the duration of disability. However, the worker may have to undergo job retraining.

Aside from this law, the Merchant Marine Act or Jones Act protects seamen from employer negligence, while the Longshore and Harbor Workers’ Compensation Act reimburses certain employees of private maritime companies.

Workers based in Anaheim, California, fall under different state laws that administer the provision of workers’ compensation to employees. For example, Title 8 of the California Code of Regulations is an extensive workers’ compensation state plan that limits the liability of employers and other employees. Furthermore, it obligates companies to obtain coverage for potential workers’ insurance claims and set up funds for claims that were illegally not insured. Overall, it is important to contact a workers compensation attorney in Anaheim to determine your eligibility for benefits.

Cases Taken by Chen & Nowzari LLP

At Chen & Nowzari LLP, our Anaheim workers’ injury attorneys will help safeguard your rights and lead you through the process of filing a workers’ comp claim. We cover a comprehensive range of cases to ensure representations for all types of clients experiencing different situations. Chen & Nowzari LLP take on cases that include but are not limited to the following: back, neck, and spine injuries; brain and head injuries; carpal tunnel injuries; shoulder and elbow injuries; knee, ankle, and foot injuries; hand injuries, amputations, and vision and hearing loss.

Aside from this, our Anaheim workers’ compensation attorneys deal with chemical exposure and construction or industrial warehouse worker injuries. However, Chen & Nowzari LLP do not cover personal injury cases — personal injury attorneys focus on legal representation for injuries incurred in accidents, while workers’ compensation attorneys deal with injuries that happen as a result of actions taken on the job.

Steps Required To Receive Workers’ Compensation

Regulations for obtaining workers’ compensation in Anaheim may depend on the circumstances of the situation, but there are steps that all workers should generally take after acquiring a work-related injury. 

First, employees must write a detailed account of the illness or injury. If possible, this report should be accompanied by photos and witnesses to prove the validity of the claim that the injury was obtained due to employment. 

Afterward, workers must send the report to their employer so that a claim can be filed with an appropriate workers’ compensation insurer or agency within the state.

It is important to constantly follow up with the workers’ compensation insurance company connected to your employer to make sure that claims have been officially filed. Furthermore, checking up on the results of your claim ensures that immediate action can be employed if the state workers’ compensation board has denied the claim. 

For example, you can contact an Anaheim workers’ compensation attorney to provide legal assistance in appealing the decision. 

All in all, the majority of states require salaried employees to be provided with workers’ compensation coverage, and it is generally illegal to be terminated after filing a claim for workers’ compensation.

Why Choose Chen & Nowzari LLP?

We recommend contacting Chen & Nowzari LLP for all cases related to obtaining workers’ compensation. Our law firm consists of professional Anaheim work injury attorneys that will represent employees and provide crucial legal advice throughout the process of gathering requirements for receiving workers’ compensation. At Chen & Nowzari LLP, we aim for a direct one-on-one approach, which means that information is attuned to fit the specific needs of a client. Furthermore, our substantial experience with previous workers’ compensation cases ensures our credibility in successfully representing clients, no matter the type of work-related injury acquired.

To avoid the minute difficulties of dealing directly with workers’ compensation insurance companies, it is crucial to have a representative that will assist in negotiating with the claims adjuster from the specific agency representing an employer. Having an Anaheim workers’ compensation attorney from the law office of Chen & Nowzari LLP will also streamline the process of answering questions and providing documentation to insurance companies. We understand the nature of different types of employment and know that injuries can be practically unavoidable even if all security precautions are followed. With this, Chen & Nowzari LLP will take immediate decisive action and consider all possible measures to make sure that a client receives the compensation that they deserve.

Final Words

Overall, workers’ compensation is extremely important for employees who have obtained injuries on the job in order to decrease the financial burden of medical expenses and wage loss. Contact Anaheim workers’ compensation attorneys at Chen & Nowzari LLP today to have your comp claim evaluated and obtain proper compensation.

 

  • If you have been injured or become ill due to your job in the state of California, you may be entitled to receive workers’ compensation benefits. Your rights under California workers’ compensation law are extensive and may include medical care, temporary disability benefits, permanent disability benefits, and vocational rehabilitation services.

    Medical Benefits: If you are injured or become ill while on the job in California, you may be entitled to receive medical benefits, which include doctor’s visits, hospital bills, medications, and other related expenses.

    Temporary disability benefits: If your injury or illness prevents you from returning to work for a certain period of time (either totally or partially), you may be eligible for temporary disability benefits. These benefits are typically paid out until you are cleared by your doctor to return to work.

    Permanent disability benefits: In some cases, you may suffer a permanent injury or illness as a result of a workplace accident. If this is the case, you may be eligible for permanent disability benefits, which are paid out to cover any expenses related to the disability.

    Vocational rehabilitation services: If your injury or illness prevents you from returning to your job, you may be eligible for vocational rehabilitation services. These services may include job training and job search assistance, to help you find a new job or career path.

  • To file a workers’ compensation claim in California, you must fill out and submit a workers’ compensation form (DWC 1). This form can be obtained from the Division of Workers’ Compensation website, or your employer may provide it. Once you have filled out the form, you must submit it to the claims administrator who is in charge of processing the claim. This process can take a while, so it’s important to be patient and follow up as needed. You should also consult with an experienced workers’ compensation attorney during this process if you have any questions or concerns.

  • The typical workers' compensation settlement in California depends on a variety of factors, including the severity and duration of the injury, the amount of lost wages, and medical expenses. Generally speaking, settlements are typically between 2-3 times an employee's average weekly wage for a permanent disability case or 1-2 times the average weekly wage for a temporary disability case. The average weekly wage is determined by taking into account the employee's average weekly earnings for the 52 weeks prior to their injury or illness.