Workers’ Compensation Attorney Victorville.

What Is Workers' Compensation?

Workers' compensation is designed to offer financial support to employees who have been injured on the job due to an accident. If a worker is hurt or becomes ill at work, their employer must pay for all their medical bills and any expenses related to their recovery. In addition, workers' compensation offers a loss of wages if a worker is injured and unable to work.

In California, workers' compensation is offered on different terms. The first aspect is unsafe working conditions. If an unforeseeable condition, such as exposure to harmful chemicals, occurs and causes an injury, then the employer should also pay for those costs.

The other aspect of workers' compensation is the negligence of the employer. When it comes to employee negligence, the law is clear. Employers are responsible for providing a safe place for employees to perform their jobs and must provide proper training. It is up to the employer to ensure employees can stay safe every day on the job. If an employee is injured due to a lack of training or a safety hazard, their employer must pay for medical treatment.

Finally, California also incorporates certain protections if you suffered an injury while carrying out your normal duties as intended. Suppose you are legitimately hurt while on the job, then your employer must pay for certain medical expenses and continue providing your paycheck.

Our worker’s compensation attorney in Victorville knows the law and will fight to get you what you need. While some injuries might seem too trivial to pursue, our attorneys will not hesitate to file a claim for workers' compensation.

Workers Covered By Workers Compensation

All employers in California must provide their workers with compensation benefits following Labor Code Section 3700. This means that despite the number of employees an employer has, they must offer workers' compensation coverage to all their workers.

In California, all workers, including those working part-time, are covered by workers' compensation benefits. It's a criminal offense to lack workers' compensation insurance if you operate as an employer in California.

Suppose an employer cancels a policy with a particular insurance company to obtain a new policy from another company; the prior policy will refund a pro-rated amount to the respective employer.

Types of Workers' Compensation Cases We Handle

When you seek the assistance of Chen & Nowzari LLP, you can stay assured that our experienced workers' compensation attorney Victorville will fight to win you the fair compensation you deserve. Whether the injury is minor or serious, our attorneys understand that your life has changed instantly, and we will do everything we can to help you get back on your feet.

We prioritize our client's needs and dedicate ourselves to being a professional law firm by providing representation in the following cases:

Since our inception, Chen & Nowzari LLP has been dedicated to helping injured workers receive fair compensation and get their lives back on track.

Types of Compensation You Are Entitled To Receive

As mentioned earlier, you can file a claim for workers' compensation benefits if you are hurt at work. In California, there are different types of benefits you are entitled to.

Medical Benefits

Medical insurance coverage is one of the most important aspects of workers' compensation benefits. You will be eligible for medical care if you experience a work accident and need treatment at a hospital.

Death Benefits

Death benefits are provided for workers who die during their job. If a worker dies due to an injury caused by their employer's negligence, the employee will receive death benefits from the employer. This benefit is for the family of the deceased, who may need assistance with funeral costs, medical bills, and other financial obligations.

Permanent Disability Benefits

If the injury you received at work results in a severe permanent disability, you are entitled to permanent disability compensation. This is to cover any physical and mental impairment sustained while working. Permanent disability benefits are usually paid out over a while, depending on the severity of the injury.

Temporary Disability Benefits

If you were hurt at work, which temporarily prevents you from performing your duties, you would be entitled to temporary disability benefits.

Supplemental Job Displacement Benefits (SJDB)

This voucher is given to injured workers. These workers can use the voucher for job retraining and education expenses if they can no longer return to work due to permanent disability.

The Process of Filing a Workers Compensation Claim

The process of filing a workers' compensation claim varies from one state to another. However, here's what you can expect if you are in California:

  1. An injury (work-related) occurs: This can either be a one-time injury or a repetitive stress injury built up over time.

  2. Tell your employer and proceed to submit a claim form: Inform your employer immediately after suffering an injury at work. You should then fill out a claim form provided by the employer and return it to them.

  3. Decide on your primary treating doctor: If you have not selected a treating physician or lack a designated doctor, the employer will appoint one to see you.

  4. Get initial medical care: Apart from emergency treatment, your claims administrator must provide care of up to $10,000 while continuing to review your claim.

  5. Await the decision of the claims administrator: You will have several days to receive a decision on your claim. A decision explains why the claim was either accepted or denied.

  6. Proceed with treatment: Once the administrator accepts your claim, you will receive medical treatment following the guidelines of your treating physician, reimbursed by the employer.

  7. Determine whether or not you're eligible for disability benefits: If your physician determines you have suffered permanent disability due to your injury, you will receive disability benefits.

  8. Follow up to ensure all benefits are resolved: Your employer must ensure that all benefits are resolved according to the terms of the claim and promptly.

Contact Chen & Nowzari LLP Today For Representation in Victorville, California

Chen & Nowzari LLP is a reputable and experienced workers' compensation attorney that Victorville residents can rely on. Our firm's team of dedicated attorneys and staff are highly skilled in handling workers' compensation cases and have a proven track record of success in helping clients navigate the complex legal process. Our commitment to providing personalized service and fighting for the rights of injured workers sets us apart as the premier choice for workers' compensation representation in the Victorville area.

If you or someone you know has suffered an injury, contact our team today to see how we can help. Our dedicated legal team is ready to listen and will help you file a workers' compensation claim in California.

Our experienced workers' compensation lawyer will settle your claim, negotiate on your behalf and file all the necessary documents to ensure you receive the benefits you deserve. Contact us today to learn more about the process and speak with our workers' compensation attorney in Victorville, California.

Work accidents are common for many people and can change your life in seconds. If you were injured while on the job, no matter how trivial you think it might be, you can file a claim for workers' compensation. With the right workers' compensation attorney in Victorville, you can get the medical treatment you need and be compensated for the loss of wages from your employer.

Here at Chen & Nowzari LLP, our experienced workers’ compensation attorneys are dedicated to helping injured employees receive fair compensation for their losses. Our team knows the law and will fight for your rights in court.

With more than 20 years of combined legal experience, we have helped countless injured workers and their families get their needed help.

 

FAQs

  • There are a number of issues that are normally not covered by workers' compensation which include:

    Self-inflicted injuries: Workers' compensation does not compensate employees who purposefully injure themselves.

    Injuries outside of work: If an employee has an injury outside of the scope of their job, workers' compensation will not pay the injury.

    Injuries incurred when committing a crime: Workers' compensation does not cover injuries sustained while committing a crime.

    Injuries received as a consequence of horseplay: Workers' compensation does not cover injuries caused by employees while indulging in horseplay or other non-work-related activities.

    Notably, worker's compensation coverage differs by state; depending on state legislation, certain problems may or may not be covered.

  • In California, the amount of a workers' compensation settlement may vary based on a number of variables, including the severity of the injury, the length of time the employee is unable to work, and the expense of medical care.

    The amount of a workers' compensation settlement in California is decided by a formula that takes into consideration the employee's average weekly salary, the proportion of permanent impairment, and other criteria. Depending on the type and severity of the damage, the typical settlement amount might range.

    A settlement for a small accident, like as a sprained ankle, may be a few thousand dollars, but a settlement for a major damage, such as a spinal cord injury, may be hundreds of thousands of dollars or more.

  • The amount of time it takes to settle a workers' compensation case in California depends on a number of variables, including the severity of the injury, the complexity of the case, and the length of time the employee is unable to work. In general, it may take many months or even years to thoroughly settle a matter.

    In California, the procedure typically begins with the employee making a claim with their employer or the business's workers' compensation insurance provider. The insurance company then reviews the claim and decides whether to accept or refuse it. If the claim is approved, the employee will begin receiving benefits, including medical care and temporary disability compensation.

    The employee may pursue an appeal with the Workers' Compensation Appeals Board if the claim is refused (WCAB). As the matter through numerous levels of review and maybe multiple hearings, this procedure might take several months or even years to complete.

    The case will be resolved if it is approved and the employee gets rewards. The employee may either accept the refusal or initiate a civil action if the claim is refused.

  • The maximum amount of temporary disability benefits an employee may get in California is regulated by the state and is often changed annually. The maximum amount is based on the average weekly earnings in the state. This implies that the highest amount of temporary disability benefits an employee may get is equal to their average weekly income, but cannot exceed the maximum amount allowed by the state.

    The maximum amount of permanent disability payments an employee is eligible to receive is likewise determined by the state and is often increased annually. The maximum amount is also dependent upon the state's average weekly pay. This indicates that an employee's permanent disability payment is a percentage of the state's average weekly income, but cannot exceed the state's limit.