Aggressive Arcadia & Whittier Workers’ Compensation Attorneys You Can Trust
Getting seriously injured on the job can be scary. You may be wondering, “How long am I going to be off work? Who will pay my bills? How will I afford my medical expenses?” Getting the recovery you need after you’re hurt on the job in California should be as simple as filing a claim for workers’ compensation benefits, but it rarely is that easy. Instead, workers often face an uphill battle to get the benefits they deserve.
The State of California is one of only a dozen states that have instituted no-fault workers’ compensation laws. These laws provide access to workers’ compensation benefits and are designed to protect employees. However, the deadlines and paperwork requirements can be confounding, especially after suffering an injury. Our Arcadia & Whittier workers’ compensation attorneys can help expedite your claim, and ensure you are pursuing all the benefits you are entitled to by law.
With years of experience protecting injured employees, our workers’ compensation attorneys at Hanning & Sacchetto, LLP continuously deliver successful results for our Southern California community. You shouldn’t have to settle for anything less than the full spectrum of benefits to which you are entitled after being injured on the job. Get help from skilled Arcadia & Whittier workers’ compensation attorneys who are dedicated to fighting for injured workers’ rights. Contact us today for a free consolation.
Employer Responsibilities: Workers’ Compensation in California
Pursuant to California Labor Code section 3700, all California employers are required to carry workers’ compensation insurance at all times, even if they only have a single employee. Moreover, California Labor Code section 3351 defines as an employee and any person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed. Failure to carry workers’ compensation insurance is a crime subject to criminal penalties.
Additional requirements and stipulations
Not only must employers carry workers’ compensation at all times, there are a host of additional requirements and stipulations imposed on employers, including:
- Benefits offered must cover all employees, including part-time workers and non-legal residents;
- Employees are prohibited from paying into, contributing to, or offsetting the costs of an employer’s workers’ compensation insurance policy in any way; and
- Employers are prohibited from firing, punishing, or otherwise adversely effecting the terms of employment of an individual for filing a workers’ compensation claim.
Injured Employee Entitlements: Workers’ Compensation Laws in California
California’s Workers’ Compensation Laws are designed to protect employees. California is a no-fault workers’ compensation state, which means employees do not have to prove an employer was negligent or at-fault for their injury. The workers’ compensation system is effectively a trade-off between employers and employees. Employees are entitled to receive prompt, effective medical treatment for injuries or illnesses occurring on the job, no matter who is at fault and, in exchange, those employees are prevented from suing their employers for damages as a result of those injuries. If you are hurt at work, you are entitled to workers’ compensation benefits.
Workers’ compensation claims
Workers’ compensation claims are generally divided into two categories: single event injuries and repeated exposure injuries.
- Single event injuries include and may result from:
- Slip and falls;
- Chemical burns;
- Auto and truck accidents;
- Falling/collapsing objects; and
- Machinery malfunctions.
- Repeated exposure injuries include and may result from:
- Hearing or vision loss;
- Repetitive motion injuries, including joint, muscle, and ligament damage from completing the same motion day after day over time; and
- Chemical exposure, including asbestos.
Whether your injury is one suffered during a single event, or has developed over time, our Arcadia & Whittier workers’ compensation attorneys will help you understand your case and identify all the benefits available to you as a result of your injuries. We can help you get the medical care and financial assistance you need to heal fully.
Benefits that may be available as a result of your claim
The range of benefits available to you as a result of your workers’ compensation claim are extensive. Often the most immediate and critical benefit is medical care and treatment for your injury. Doctors in the workers’ compensation system are required to provide only that care and treatment which is evidence-based and scientifically proven to cure or relieve the work-related injury or illness. And to ensure that you receive the best medical care, the state has adopted the Medical Treatment Utilization Schedule (“MTUS”) which incorporates guidelines from the American College of Occupational and Environmental Medicine (ACOEM). In addition to immediate and curative medical treatment, you may also be entitled to:
- Temporary disability rating, which would provide lost wages should your injury preclude you from returning to work right away;
- Permanent disability rating, which would provide lost wages should your injury be so severe that full recovery isn’t possible;
- Reassigned workload, which would require your employer to accommodate light duty as prescribed by a medical professional during your recovery;
- Supplemental job displacement, which includes vouchers to pay for retraining and education programs; and
- Death benefits, which are applicable after the death of an employee at work or from a work-related illness.
In addition to those benefits provided through the workers’ compensation scheme, there may also be further civil damages that you may be able to recover. Specifically, if your injury was caused by a third-party, they may be personally liable as well. Similarly, if you are terminated or otherwise punished as a result of lodging a claim, you may be able to initiate an employment action. Finally, if you have lost a loved one to a work injury or work-related illness, there are a host of wrongful death damages that may also be available.
Whether your injury is one suffered during a single event, or has developed over time, our Arcadia & Whittier workers’ compensation lawyers will help you understand your case and identify all the benefits available to you as a result of your injuries. We can help you get the medical care and financial assistance you need to heal fully.
Injured Employee Responsibilities: What To Do After You Have Been Injured
If you’ve been injured at work, there are a several steps that you should take immediately:
- Alert your employer to the injury immediately after it happens. To begin the claim process, you must file a form with your employer known as a Workers’ Compensation Claim Form, or DWC 1. Your employer must then complete their portion of the form and turn it in to their insurer, providing you with a copy of the completed form that you should retain.
- Seek medical care to understand the extent of your injuries. Don’t wait to seek a doctor’s care after an injury. Delaying treatment could end up making your injury worse. If you wait to see a doctor, it could also look to an insurance carrier as though your injury wasn’t sufficiently serious to warrant immediate attention.
- Follow all doctor’s orders and attend all related appointments. Allow the medical experts to do their job. While you may be eager to return to work or otherwise too busy to make your referral or follow-up appointments, it’s important to the overall success of your claim that you make all of your appointments, obtain the proper diagnosis, and adhere to your treatment course.
- Save your records. Keep a copy of every form, medical bill, receipt, and record of any phone call that relates to your claim. You’ll want to be able to present a complete account of any expenses you incur in connection to your injury, as well as responses you receive from insurance adjusters in relation to your claim.
- Contact Hanning & Sacchetto, LLP to get a clear-cut understanding of the type of claim you have and the care and benefits to which you are entitled. Workers’ compensation claims are often delayed, mishandled, or wrongly denied, but fighting back against the corporate lawyers working for the insurer can feel impossible. Get help from lawyers who have your back and understand how to properly file, handle, and win a workers’ compensation claim. Contact the dedicated and knowledgeable Arcadia & Whittier workers’ compensation attorneys at Hanning & Sacchetto, LLP today for a free consultation.
While all injured workers are entitled to workers’ compensation benefits, the process requires cumbersome paperwork subject to unforgiving deadlines. Our Arcadia & Whittier workers’ compensation attorneys provide experienced legal representation that creates solutions for our clients, so they can attend to their injuries without worry and stress.
Hanning & Sacchetto, LLP: A Law Firm Making a Difference for Injured Workers
If you are hurt at work, your physical safety is our primary concern. Your health is paramount in providing a comfortable, stress-free lifestyle for you and your family. Unfortunately, our workers’ compensation laws require more than medical care and rest to file a claim. That’s where our experience makes a significant difference in your success.
Unlike other workers’ compensation law firms, Hanning & Sacchetto,LLP never charges administrative fees. Our representation includes document subpoena fees, filing fees, and investigative fees. We never charge our clients for pursuing optimal results for their case. If we do not win your case, you owe us nothing.
Call Hanning & Sacchetto, LLP in Whittier & Arcadia, CA Today for a Free Consultation
If you have been hurt at work, either in a one-time injury or over time, contact our distinguished Whittier workers’ compensation attorneys at Hanning & Sacchetto, LLP today at (562) 210-0105. We can help expedite your case, allowing you to focus on your injury and the overall time it takes to heal without worrying about medical costs and lost wages. Call us now to get your claim in front of the right people, so you can rest easy.