Sustaining an injury at work or from an accident is a tragedy that’s hard to bear and overcome. Thinking about the medical expenses to pay and the lost salary make the matter worse. Given the situation shouldn’t let you lose hope. A work injury lawyer California will always be there for you.
How Soon Should You Report a Work-Related Injury?
If you suffered an injury, you should notify your employer of a written notice of the injury. You need to forward this within 30 days after the affliction. Also, you have to put in an official worker’s compensation claim. Submitting the filled out form within 30 days also serves as a notification. You should know that there are important guidelines for confirming when the 30-day period starts.
Work Injury Lawyer California: What to Do When the Insurance Company Denied Your Claim?
It’s a must that the insurance company responds to your claim within 90 days after your filing. If you didn’t hear from them within the said period, the law supposes that they accepted your claim. While your claim undergoes investigation, it’s their responsibility to pay medical expenses amounting up to $10,000. This is whether they deny your claim or not, according to Cal. Labor Code § 5402 (2020).
If you received a letter denying your claim, you have the right to challenge the insurance company’s decision. A work injury lawyer California can help you with your case and file for settling the claim.
It’s typical for claim adjusters to deny your claim and utilize the system for their financial interest. This is the reason why most injured workers seek the help of work injury lawyer California. They need someone who can defend and fight for their right and help them get the compensation they deserve.
Compensation Benefits You May Get Due to Work Injury
Every employee who suffered injury on the job can get remuneration from the workers’ compensation system. It covers payment for essential medical treatment including future medical expenditures. Likewise, it accounts for payment of lost salary reaching two-thirds of pretax entire wages. Benefits for lost salary are mainly categorized into Permanent Disability, Total Temporary Disability, and Temporary Partial Disability.
PERMANENT DISABILITY
This applies if you can no longer work or is forever restricted to the type of work that you can do. It’s possible that you can get permanent disability compensation. It’s a payment for either permanent partial disability or permanent total disability. This is usually granted in a lengthy setting to make reparation for your incapacity to work.
If you suffer a detrimental injury such as paralysis, permanent disability benefits are possibly awarded. This also applies if you suffer from less serious injuries that constrain you from working in the same capability.
TOTAL TEMPORARY DISABILITY
Total temporary disability benefits apply if you can’t do any type of work for a length of time. This occurs when you have a fracture or due to medical restrictions you can’t entail. It’s possible that you’ll get a bigger amount, especially when you’re recovering from an operation but for a limited time interval.
TEMPORARY PARTIAL DISABILITY
Temporary partial disability applies when you’re not entirely disabled. You can take advantage of the benefit as long as you have restrictions on your ability to work. For example, even if a back injury allows you to perform other tasks you’re restricted to lifting, bending, or twisting. The purpose of this benefit is to constitute the difference between your current wage and what you made prior to the injury.
Why Hiring a Work Injury Lawyer California is Necessary?
Apart from the insurance company denying your claim, there are other factors why hiring a work injury lawyer is necessary. Here are some of the few reasons.
Contested Permanent Disability Rating
Most often than not, the workers compensation settlements comprise permanent disability benefits. It’s estimated according to your permanent disability rating. If the insurance company contested the rating your treating doctor gave, you need to attend an Independent Medical Examination. With IME, the claims adjusters choose the doctor to provide you treatment and rating at the same time.
The IME doctor will possibly designate a much inferior disability rating the insurers will use to pay you less. A work injury lawyer can help get you a fair compensation or persuade a judge to grant you a higher rating.
Difficulty in Getting Essential Treatment
Medical treatment and regular checkup are important for your fast recovery. However, you can’t achieve this if the insurance company denies your claim. Moreover, they usually delay the approval which can also affect your treatment and recuperation.
Claim Leads to Trial
An insurance company that drops a worker’s claim usually leads to court. You’ll need a knowledgeable work injury lawyer in California to represent you on your behalf. It’s a different story when you have a professional on your side to fight for you.
Contact a Work Injury Lawyer California
At Oktanyan Der-Grigorian Law Group, our team of lawyers make sure that you get the compensation you rightfully deserve. We don’t just talk about helping injured people and their family. We do it genuinely because we care about you and your loved ones. Call us at (818) 975-3080 and let’s talk about what we are going to do with your case.
