Workers' Compensation

DO I NEED A LAWYER FOR MY WORKERS' COMPENSATION CLAIM?
 

You may hear that you don’t need a lawyer when filing a claim for CA workers’ compensation benefits. We disagree. The insurance company responsible for your claim has one goal in mind; pay as little on your workers’ comp claim as possible. The insurance company may deny your benefits or take the position that you are ready to return to work, even if you are still recovering from your work-related injury. That’s why it’s in your best interests to consult an experienced workers’ compensation law firm.

At Westland & Parris Firm, we determine the benefits you should be receiving and we will fight every attempt at delay or denial by the insurance company. If your case comes to trial, our board-certified trial attorneys are ready to fight for you in court.

WHAT IF MY EMPLOYER DISPUTES MY CLAIM?

Employers and insurance companies can dispute your workers’ compensation claim. They may take the position that your injury was pre-existing or had nothing to do with your job. Or they may say you are ready to return to work before you’re medically cleared for full duties.

Our workers’ compensation team includes several attorneys who used to represent the employer insurance companies, so we know the tactics they use to avoid their responsibilities to the injured worker. We will provide aggressive representation and litigation whenever necessary. In some cases, we can help you pay for an independent medical evaluation to help prosecute your claim.

SHOULD I ACCEPT A SETTLEMENT OFFER?
When there is a dispute over workers’ compensation benefits, at some point the insurance company may make a settlement offer. However, the offer they make often falls short of the benefits that you could receive after litigation. They are betting you are willing to accept less because you are in a tough medical and financial situation. We strongly urge all clients to at least get a consultation with an experienced California workers’ compensation lawyer before accepting any settlement offer. We will help guide you in making an informed decision that truly fits your needs and entitlements.

CAN I COLLECT BENEFITS IF I WAS PARTIALLY RESPONSIBLE?

Absolutely. California is a “no fault” state in  workers’ compensation law is based on a no-fault system, which means that an injured employee does not need to prove that the injury or illness was someone else’s fault in order to receive workers’ compensation benefits for an on-the-job injury or illness.

Since almost every working Californian is protected by the workers’ compensation system, it is important that employers and employees alike have an understanding of workers’ compensation insurance and how it works

CAN I COLLECT BENEFITS IF I HAVEN'T BEEN EMPLOYED FOR LONG?

Yes. All employees are covered under the workers’ compensation system, even those who just recently started the job. As long as your injury or illness was caused by a work-related accident or occupational exposure, you should be covered.

But in some cases, employers have challenged claims for workers’ compensation benefits, taking the position that the injured person was actually an independent contractor and not an employee. Our attorneys will fully investigate your case and fight all attempts to deny you the benefits to which you are entitled.

WHAT WORKERS' COMPENSATION BENEFITS ARE AVAILABLE TO ME?

Depending on your situation, your employer or insurance carrier could be responsible to provide you with medical treatment and temporary disability benefits while you’re unable to work due to your injury. If you’re left with a permanent impairment, you may be eligible for a permanent partial disability award, even if you’re able to return to work. If left permanently and totally disabled, you may be able to recover a lifetime of workers’ compensation benefits. In the worst case scenario, even death benefits can be applied, with the beneficiary being a spouse or dependents.

The best thing you can do to learn and assess your options is consult with one of our workers’ compensation injury lawyers.

WHAT IF I CAN NO LONGER DO MY JOB BECAUSE OF MY INJURY?

Sometimes, a workplace accident or occupational disease can leave a worker with a permanent disability that prevents them from returning to work, but permanent disability caps at up to 70% of wages at the time of injury, meaning that it does not take variables such as inflation into consideration. If you were left permanently and totally disabled, it is essential to secure a disability pension and social security benefits. 

The best thing you can do in this situation is contact our team as soon as possible to ensure you’re getting the best possible outcome in your claim.

WHAT IF THE INSURANCE COMPANY ORDERS AN INDEPENDENT EXAM?

We like to call these Defense Medical Exams because in our experience, while the insurance companies are entitled to send injured workers to an Independent Medical Exam (IME) to determine if they are able to return to work and/or if they require medical treatment, there’s often nothing independent about the exam at all.

However, it’s our job as your legal representation to review the fairness and accuracy of these exams and challenge their results if necessary to make sure you’re not released from treatment or sent back to work prematurely. We won’t back down from an unfair exam result.

HOW LONG DO I HAVE TO FILE A CLAIM?

In California, you have 30 days to report a workplace injury to your employer and one year to file a workers' compensation claim:
Report the injury. You must report the injury to your employer within 30 days of the incident. File the claim. You must file a workers' compensation claim with the State Workers' Compensation Board within one year of the injury or illness.

WHAT IF MY CLAIM IS DENIED?

If your workers’ compensation claim is denied, you should contact our team immediately so we can file a claim petition on your behalf and present your case to the court with intent to acquire you the benefits you’re entitled to as soon as possible.