Corona Workers’ Compensation Lawyer

No matter where you work in Corona, CA, whether you are on a construction crew building a new home or you are a barista in your local coffee shop, you deserve to be safe at work. Machinery needs to be properly maintained. Safety regulations need to be followed carefully. Unfortunately, accidents can happen, and you may end up with a workplace injury.

If your job requires you to place boxes on high shelves on a regular basis, you could develop a shoulder injury because of the repetitive motion. When a manufacturing machine at work malfunctions, it could overheat and burn you, leading to you needing extensive medical care. These cases, and more, could qualify you to file for a workers’ compensation claim if your injury happened while you were carrying out your job duties. The experienced workers’ compensation team at Leviton, Diaz & Ginocchio, Inc will help ensure you receive the benefits you are entitled to.

What Is Workers’ Compensation?

Accidents and workplace injuries can happen to anyone, regardless of their skill level. You may be a master carpenter working on a construction site, but one stray saw blade could lacerate your hand during a project because it came off its track. Even if you have years of experience hanging signs and posters in your retail store, the stepstool you are using could be unbalanced and cause you to fall and get a concussion. State and federal law requires that employers carry insurance that pays out benefits for employees who get hurt at work.

This program is known as workers’ compensation, and it is available to anyone who is employed in the United States, no matter their industry. If you fall down the stairs in your office and hurt your back, you have access to the same benefits as a bricklayer who suffers a traumatic brain injury after building materials fall on them. According to workers’ compensation laws, the benefits you may receive include: 

• Temporary disability that pays you up to two-thirds of your average pay while you are recovering
• Medical benefits so that you are not responsible for the medical bills following a fall or broken bone
• Permanent disability if you cannot return to work because of the long-term impact of your injury
• Retraining costs if you want to return to a skilled industry like masonry but need additional education before you go back.

If you are hurt at work, whether you get a minor strained muscle from carrying children in a daycare or you harm your spinal cord after falling from a stage, workers’ compensation benefits are available so you can remain stable while recovering.

Causes of a Workers’ Compensation Claim

Your workplace is unique, and so are the injuries you could experience. An accountant who spends hours each day looking at their computer may deal with eye strain that leads to migraines and weakened eyesight. Electricians are trained in ways to make their work as safe as possible but run the risk of getting electrocuted and developing an arrhythmia in their heart. You may file a workers’ compensation claim for any injury that happens during work hours or because of your work, but they often fall into one of two categories. 

• Prolonged Exposure injuries are caused by environmental factors at work that you are exposed to over time. A warehouse that is extremely loud because of various machines running during your shift could damage your hearing over time, even with protection. This is considered prolonged exposure.
• Single Event injuries are probably familiar to most people because they are often more severe like a secretary being crushed under a large filing cabinet and sustaining a head injury. These single-event injuries could lead to a larger settlement because they require extensive medical care, like surgery or prolonged physical therapy.

Filing a Workers’ Compensation Claim in California

If a construction worker falls from the scaffolding they are working on and breaks a leg, they are entitled to workers’ compensation benefits, but they might not know how to move forward. In order to file a worker’s compensation claim in California, you must follow a fairly simple process. 

1. Let Your Employer Know. If you are delivering a pizza and another car rear-ends you, it can cause serious injuries and impact your ability to work. Your supervisor needs to know that you have been hurt as soon as possible. A shift supervisor will likely need to contact your store manager or owner to get the claim process started.
2. Treat Your Injury. On a construction site, you probably carry heavy materials, bend and squat during your shift, which can create tears in your tendons and lead to tendonitis. When you realize that your injury will keep you out of work, it is time to see a doctor. Whether your injury is due to prolonged exposure or because you slipped and broke your ankle, getting medical attention quickly is paramount.
3. Inform Your Doctor. When your doctor is treating an injury that happened at work, it is important that they know how you were injured so they can treat you properly. If they know that you suffered a workplace injury, they may provide a more detailed account of your treatment or highlight the severity of your injury as evidence in your case.
4. Complete Your DWC 1 Form. The first thing your supervisor should do when you get hurt at work is send you away for medical care. Once that has been taken care of, they should send you a DWC 1 form within 24 hours because it must be filled out before you can file your claim.
5. Contact Leviton, Diaz & Ginocchio, Inc. After an accident at work leaves you with a gash on your leg, the last thing you want to do is attempt to navigate the legal system. Our accomplished workers’ compensation team will guide you through every step of your claim so you can get the money you need to get back on your feet.

Recovering from a shoulder injury caused by getting caught in part of the conveyor belt at work can be challenging because your physical weakness means you cannot work to support yourself. You are entitled to disability benefits, either temporarily or permanently, so you can continue to pay bills and support your family after your injury. A workers’ compensation attorney from Leviton, Diaz & Ginocchio is ready to help.

FAQs

Q: Is COVID Covered by Workers’ Compensation in California?

A: Contracting COVID is never enjoyable because it can leave you with a fever, chills, a painful cough, and more harmful symptoms. If your COVID is serious enough, it can make it all but impossible to breathe, and you could end up in the hospital, which will force you to miss work. While missing work and possibly losing out on wages can be frustrating, it will only be covered by workers’ compensation if you can prove that you contracted COVID while you were at work.

Q: How Much Do Workers Compensation Lawyers Charge in California?

A: If you fall off of a ladder that was not properly maintained at work and break your arm, you could be entitled to workers’ compensation benefits. The cost of legal assistance may be keeping you from moving your case forward, but it is a worthwhile investment. Many workers’ compensation attorneys in California are paid in contingency fees, so you will not pay at all if you do not receive a settlement. The average fee in California is 15% of your total settlement reward.

Q: What Is the Average California Workers’ Compensation Settlement?

A: Slipping on a puddle of water from an air conditioning unit that has not been maintained may not require much medical care or physical therapy, so your settlement could be fairly low. If you work in a factory and develop a long-term back injury that keeps you out of work for months or even years, you could receive a large settlement in addition to disability benefits. The settlement you receive will be impacted by factors like whether or not you need physical therapy or surgery to recover and how much you lost in wages while you were out of work.

Q: What Is the Maximum Payout for Workers’ Compensation in California?

A: Getting hurt while you are carrying out the duties of your job is frustrating because it keeps you from earning the money you need to support your family. Workers’ compensation benefits can help you pay bills and keep a roof over your head while you recover. The amount you are paid during an average week determines your benefit, so if you are paid $950 each week, your monthly workers’ compensation payment will be approximately $2,533.

Trust an Experienced Workers’ Compensation Attorney with Your Claim

You should feel safe and protected while you are at work, but that is not always the case. If a supervisor fails to perform maintenance on the forklift you drive and it tips over, you could be seriously hurt. Anxiety or chronic stress may develop for a teacher who cannot afford supplies their students need if parents complain that the lack of supplies is hindering learning. With over five decades of experience, the team at Leviton, Diaz & Ginocchio will fight for your benefits as an injured worker. Contact us today to begin filing your claim.