How A Orange County, CA Workers’ Compensation Lawyer Can Help You
If you’ve never sustained a work injury before, the prospect of going through the legal process can seem daunting — especially if you’re receiving medical care and struggling to figure out how to manage other daily responsibilities. However, not all work injuries require an Orange County, CA Workers’ Compensation lawyer, so it’s important to know what to consider to decide whether to hire an attorney.
Should You Consider Hiring an Orange County, CA Workers’ Compensation Lawyer?
- Your employer or insurance carrier denies the accident is work-related.
Minor work injuries are often denied by the employer or insurance company. If an injury goes untreated, it could become more serious, and even provide an excuse for denying the injury. Injuries that occur over time, such as exposure to toxic chemicals or repetitive activities, such as typing or lifting need to be documented by a physician as soon as possible.
A workers’ comp attorney in Orange County, California could help a worker secure the proof necessary to obtain the compensation an injured worker deserves.
- Your employer isn’t taking your injury seriously.
It is the employee’s job to report the accident or injury to the employer as soon as possible. Once the employer is notified, it is their responsibility to follow California law and report the injury to its workers’ compensation carrier.
If your employer refuses to report your injury to its workers’ compensation carrier, or the carrier hasn’t contacted you within a week after you reported the injury to your employer, consider contacting a workers’ comp attorney to take appropriate actions on your behalf.
- You anticipate permanent disability.
If you anticipate permanent disability, you may not be able to return to the work you were performing at the time of the injury. Your future income may be reduced due to the injury and you may be entitled to permanent disability compensation to address your reduced earning capacity. Insurance companies are more likely to fight and deny claims with permanent disability because they tend to cost insurance companies more money.
- The insurance company refuses to pay for doctor-recommended treatment.
Insurance companies often deny much-needed medical treatment – even when their own doctors recommend it! An experienced Orange County, CA workers’ compensation lawyer can help you get the treatment you need so you can get back to work.
- The insurance company denies your legitimate claim.
When your legitimate claim is denied by an insurance company, a workers’ comp attorney can assist in gathering the information and documentation your will need to have a workers compensation judge decide the issue.
- The insurance carrier makes an inadequate settlement offer.
If the settlement offer made by the insurance company makes you a settlement offer that doesn’t come close to considering your financial losses and permanent injury, you may want to consider securing legal representation. Most permanent disability claims are valued based on the rating provided by an examining doctor. If the insurance company disagrees with a treating doctor’s rating of your permanent injuries, you have a right to an independent physician evaluation arranged by the State of California. A workers’ comp lawyer can assist you in documenting the permanent injury compensation you are entitled to.
- You have a preexisting condition.
Insurance companies try to blame your current Permanent Disability on “preexisting conditions” – even if you recovered from prior injuries and conditions. A workers’ compensation attorney can help you fight the insurance companies’ attempt to get a “discount” on the permanent disability compensation you deserve.
- You intend to file for Social Security Disability Insurance ( SSDI ) benefits.
There is a potential interaction between SSDI benefits and workers’ compensation benefits. A workers’ comp attorney can help you navigate these issues, and potentially reduce offsets.
- You experience employer retaliation due to your work injury.
If the employer fires or demotes you, cuts your hours, or pressures you to return to work too soon, you may have additional claims against the employer.
- Someone else is responsible for your work injury.
In addition to having a workers compensation claim, “third-parties” (a person or company other than your employer) may also be responsible to compensate you for the injuries you sustained. A workers compensation attorney can assist you in securing workers’ compensation benefits and also recover your damages in a personal injury case against the third party that caused your injuries while you were working.
Searching for the top Orange County, CA Workers’ Compensation lawyer? Contact the law offices of Thomas Martin, PLC for a free consultation.