Finding the right work accident lawyer is key to winning your case if you’ve been injured at work. You need someone who knows the law inside out and will be able to help you build a strong case. Look for a lawyer with years of experience in this field and a proven track record of success.
The Dominguez Firm has over 35 years of experience helping the injured, a 96%* success rate, and has recovered over $1 billion* for clients. And if there is no recovery, there is no fee! Call us at (800)818-1818 for your free consultation today.
You Have Rights if You’ve Been Injured on the Job
Being injured on the job is a scary and stressful experience. If you find yourself in this situation, it’s essential to know your legal rights to get the treatment and compensation you need to recover.
You have the right to file a workers’ compensation claim
If you’re injured on the job, you have the right to file a workers’ compensation claim. Workers’ compensation is a type of insurance that provides benefits to employees who are injured or become ill due to their job. Benefits can include medical expenses, income replacement, and death benefits.
To receive workers’ compensation benefits, you must notify your employer of your injury or illness within 30 days and file a claim with the Workers’ Compensation Appeals Board within one year. Your employer must provide you with a claim form (DWC-1) to complete and return. Once your claim is filed, your employer’s insurance company will review it and either approve or deny your benefits.
You have the right to seek medical attention
You have the right to seek medical attention if you’re injured on the job. Your employer must provide information about where to seek medical treatment and how to obtain workers’ compensation benefits for your medical expenses.
In most cases, you can choose your own doctor or medical provider, but there are some exceptions. For example, if your employer has a contract with a specific medical provider, you may be required to receive treatment from them.
You should receive prompt and proper medical treatment for your injuries. If you believe that your employer or their insurance company is not providing adequate care, you can file a complaint with the Department of Industrial Relations Division of Workers’ Compensation.
You have the right to income replacement benefits
If you cannot work because of your injuries, you may be eligible for income replacement benefits through workers’ compensation. These benefits are typically two-thirds of your average weekly wage, up to a maximum amount set by law. Income replacement benefits may be tax-free and paid until you can return to work or reach maximum medical improvement (MMI). MMI is determined by your doctor and means that your condition has stabilized and is not expected to improve further with treatment or time off work.
You Have a Limited Amount of Time to Assert Your Legal Rights
Workers’ compensation is a system in California that provides benefits to employees who are injured or who become ill due to their job. Benefits can include medical expenses, income replacement, and death benefits.
To receive workers’ compensation benefits, you must file a claim with the State of California. The deadline for filing claims is known as the statute of limitations. In general, the statute of limitations for workers’ compensation claims in California is one year from the date of injury. However, there are some exceptions to this rule.
If your injury was not discovered until after your accident, you have one year from the date that you discovered your injury to file a claim.
If your employer intentionally injures you, you have three years from the date of your accident to file a claim.
What if I Miss the Deadline?
If you miss the deadline for filing your claim, you may not be able to receive workers’ compensation benefits. However, there are some limited circumstances in which an injured worker may be able to extend the deadline for filing a claim. These limited circumstances include:
- If you were mentally or physically incapacitated and unable to file a claim within the deadline
- If your employer concealed information about your injury from you
- If your employer failed to post notice of workers’ compensation insurance in a conspicuous place
- If you are a minor or under the age of 18
- If you are an undocumented worker
If you believe that one of these circumstances applies to you, it is crucial that you speak with an attorney as soon as possible. An attorney can help you determine whether or not you may be able to extend the deadline for filing your workers’ compensation claim.
You May Be Entitled to Various Types of Benefits and Compensation
Being injured at work can be a very overwhelming experience. In addition to dealing with the pain and suffering caused by your injuries, you also have to worry about how you will pay your medical bills and support yourself and your family if you cannot work. Fortunately, if you live in West Covina, you may be able to get financial assistance through a workers’ compensation claim.
You’re likely facing significant medical bills if you’ve been injured at work. Workers’ compensation will generally cover all necessary medical treatment related to your injuries, including hospitalization, doctor’s visits, prescription medications, physical therapy, and more. You should never worry about how you will pay for the treatment you need to heal from your injuries.
Wage replacement benefits
If your injuries are severe enough that they prevent you from being able to work, you may be entitled to wage replacement benefits. These benefits are typically calculated as a percentage of your average weekly wages and paid out biweekly. They can help cover your living expenses while you’re out of work and allow you to focus on healing from your injuries without worrying about how you will make ends meet.
Vocational rehabilitation benefits
If your injuries prevent you from returning to your job, vocational rehabilitation benefits can help cover the cost of training for a new job or retraining for your current job. These benefits can pay for tuition, books, and other job-related expenses. They can also provide funding for on-the-job support services like job coaching or interpreters for deaf or hearing-impaired employees.
If you live in West Covina, be sure to take advantage of the financial assistance and benefits that may be available to you through a workers’ compensation claim. With the help of workers’ compensation, you can focus on healing from your injuries without worrying about how you will pay your bills or support yourself and your family.
An Experienced Workplace Injury Lawyer Can Help
To receive workers’ compensation benefits, you must notify your employer of your injury or illness and file a claim with the California Division of Workers’ Compensation. Once your claim has been filed, an employer has the right to contest the claim. If an employer does contest your claim, you will need to have an experienced workers’ compensation attorney on your side to help you navigate the complex legal system.
The Benefits of Working with a Workers’ Compensation Attorney in West Covina
There are many benefits to working with a workers’ compensation attorney in West Covina. First and foremost, an attorney will be familiar with California’s workers’ compensation laws and know how to best present your case to maximize your chances of receiving benefits.
An attorney will also be able to handle all of the paperwork associated with your workers’ compensation claim so that you can focus on your recovery. Furthermore, if your employer does contest your claim, an attorney will be able to represent you at any hearings or appeals that may be necessary. Finally, an attorney can file a lawsuit on your behalf if you cannot agree with your employer regarding your workers’ compensation benefits.
Let The Dominguez Firm Help You With Your West Covina Workers’ Compensation Claim
If you’ve been injured at work, it’s vital to seek legal help as soon as possible. An experienced workers’ compensation lawyer can assist you in filing a claim and navigating the complex legal system. The Dominguez Firm has over 35 years of experience helping the injured, a 96%* success rate, and has recovered over $1 billion* for clients. Contact us today at (800) 818-1818 for a free consultation to see how we can help you get the benefits you deserve.