Workers’ Compensation Attorney in Palmdale.

Types of Workers’ Compensation Cases

If you get injured on the job in California, you are entitled to receive workers’ compensation benefits for lost wages, medical expenses, and treatments.

As such, our attorneys are skilled and experienced in handling any workers’ compensation case. 

These cases include the following:

Occupational Injuries 

These injuries include but are not limited to:

• Motion injuries - This can include tendonitis and carpal tunnel syndrome.

• Sprains, tears, and strains - These are injuries typically caused by lifting heavy equipment at construction sites.

• Severe injuries - They may include amputated limbs, severed fingers and toes, and broken legs and arms.

• Burns - Burns can occur from a variety of activities such as chemical spillage, working with high temperatures, electrical hazards, exposure to radiation, and fire-related incidents.

• Back and neck injuries - Back and neck injuries can be caused by lifting heavy objects, repetitive motions, prolonged sitting or standing, slip and falls, and exposure to vibration.

• Traumatic brain Injuries - Traumatic brain injuries can occur as a result of falling from heights, vehicle accidents, explosions, being struck by an object, and other types of blunt force trauma.

• Hearing and eye damage - This can occur from loud noises, hazardous chemicals, intense light, and flying debris.

Workplace Illnesses

The following are common work-related illnesses suffered by workers.

• Toxic exposure resulting from radiation, gas, or chemical poisoning.

• Respiratory conditions such as lung disease.

Mental Health Claims

These are claims resulting from stress-induced environments which include:

• PTSD from a work-related event

• Depression

• Anxiety

The claim is only viable if the mental health issues result from poor working conditions, such as overexertion, work discrimination, and physical or emotional abuse.

Unfortunately, some insurance companies may deny benefits to injured workers citing evidence that certain pre-existing conditions are responsible for the injuries. They often argue that the injuries or illnesses are not job-related.

However, our workers’ compensation attorneys are familiar with the insurance company’s tactics. 

Thus, if you have suffered a work-related injury, illness, or mental health issue, we can provide access to health and law enforcement experts who can testify on your behalf on the impact of injury it can cause on your life.  

Workers Covered Under the Workers’ Compensation Coverage

California law dictates that all California employers provide workers’ compensation insurance coverage for their regular and part-time employees.

However, according to the California Labor Code, Division 4, Part 1, Chapter 2, Section 3352, certain workers are exempted from receiving workers’ compensation benefits.

These exemptions include:

• Workers related to their employer

• People working for sustenance or aid instead of salaries

• Volunteers at the workplace

Types of Workers’ Compensation Benefits

Workers’ compensation benefits are government-authorized programs in all employment sectors that provide employees benefits should they suffer a work-related injury. These compensation benefits cover the health care, disability, and rehabilitation expenses an employee incurs after suffering an occupational injury.

For instance, you may be entitled to receive:

Medical Treatment Benefits

These benefits include costs of medications and treatments, access to top medical specialists, nursing care, hospitalizations, and any medical equipment you may require for recovery. These may include braces, walkers, wheelchairs, and disability beds.

Disability Benefits

Disability benefits cover a worker’s temporary or permanent disabilities due to work-related injuries. They may include paralysis, brain injuries, amputated limbs, or organ damage.

In cases where the injured employees cannot work, these benefits replace the portion of lost salaries and wages.

Survivor Benefits

In situations where an individual succumbs to their work-related injuries, compensation survivor benefits are entitled to the dependents. These benefits may include cash paid to the dependents, but it is not limited to burial and funeral expenses.  

Supplemental Job Displacement Benefits

The benefits include a cash voucher for job retraining and education expenses such as learning equipment and college fees for injured workers.

So, if you are an injured worker in California, you can qualify for supplemental job displacement benefits only if:

• You have a permanent disability resulting from a workplace injury.

• You cannot secure your old or permanent job with your employer due to disability.

A successful claim can yield great benefits that help cover the losses and medical treatment bills. Unfortunately, although filing for a compensation claim and receiving the benefits are all in the employer’s rule book, there is a chance they may reject your claims.

With this in mind, you may need to hire an attorney to help fight for your rights and get fair compensation. Thus, it would help to hire a workers’ comp attorney in Palmdale, CA, like Chen & Nowzari LLP to represent you during negotiations.

Our team understand the importance of providing efficient legal representation and getting you fair compensation.

Process of Filing a Workers’ Compensation Claim

Sustaining workplace injuries and infections can be quite overwhelming and confusing. Unfortunately, many employees do not know how to file a compensation claim or what to do during negotiations. 

Here are three steps you should take when filing a workers’ compensation claim.

1. Get Immediate Medical Attention

Your overall well-being should be a top priority after sustaining a workplace injury. While some injuries, such as small cuts and wounds, only require a first aid kit, other injuries should be taken seriously.

Note that the medical report issued by your physician will serve as important evidence when seeking compensation.  

2. Notify Your Employer of the Work Injury or Illness

Soon after the accident occurs, consider reporting the incident to your employer as soon as possible. In the State of California, employees should notify their employers of their workplace injuries within 30 days.

By notifying them, your employer can start filing a workers’ compensation claim for you. In other cases, if the employer rejects the proposal, you have the right to involve a workers’ compensation attorney in Palmdale, CA, to help you file the claim.    

3. File a Workers’ Compensation Claim

When filing a workers’ compensation claim, gather evidence to support your claim.

As such, you are required to provide the following information:

• Eye-witness reports

• Medical reports on the type and nature of your workplace injury or illness

• Photographs of the accident scene

• Medical bills and expenses

• Lost salary and wages while receiving treatment.

• Location, date, and time of the accident

• Nature of the accident

This information portrays the severity of your injury and the sorry state under which you live.

According to the statute of limitations in Palmdale, California, an injured worker should file the compensation claim within a year to receive their benefits.

Your employer should sign and submit the claim forms to the insurance company within a given timeline. However, the insurance company reviews and conducts a thorough investigation of the incident before denying or approving the compensation claim.  

Fortunately, if your workers’ compensation claim is denied, you can involve a worker’s compensation lawyer that can help appeal the decision in court.

Contact a Workers’ Comp Attorney in Palmdale, CA

At Chen & Nowzari LLP, we understand that obtaining medical coverage and wage replacement is never easy, especially when dealing with law jargon and vast insurance requests and requirements.

As such, our workers’ compensation attorneys in Palmdale are well-versed in legal formalities and can advise and represent you during the compensation claim process. We are also prepared to fight with you and on your behalf to get you what you deserve.

Employees that have experienced workplace injuries should contact us today for a free consultation and subsequent representation. Our attorneys will do everything in our power to help you receive fair compensation.