Fullerton Workers’ Compensation Lawyer

When an employee goes to work every day, they expect to be treated with respect and dignity and enjoy a safe place to do their job. However, this is unfortunately not always the case, and workers get hurt every day in California.

If you or a loved one has suffered an injury at work, you need an experienced Fullerton workers’ compensation attorney. They can help you file an injury claim and guide you step by step through the claims process. A workers’ compensation attorney can aid you in getting the compensation and benefits that you are rightfully entitled to.

Our injury lawyers at Leviton, Diaz & Ginocchio, Inc., are extremely protective of our clients and can fight to ensure that workers quickly get their workers’ compensation benefits. We also serve in positions with trade unions. We advocate hard not only for individual cases but also to change policy so that workers are better taken care of.

What to Do When You Get Injured on the Job in California

If you are injured on the job in Fullerton, California, there are certain steps you should take to ensure that you receive the workers’ compensation benefits to which you are entitled. These steps include:

• Notify your employer as soon as feasible of the injury: You must notify your employer of the injury, no matter how insignificant you believe it is. If you do not disclose your injuries within 30 days, you may lose your access to benefits.
• Seek medical assistance: A list of approved medical providers should be provided by your company. You should consult a doctor as soon as possible following the injury.
• Make a claim with your employer’s insurance carrier: You must complete a claim form and submit it to your employer or their insurance provider.
• Keep track of any medical bills and missed pay because of the injury.
• Consult an attorney who specializes in workers’ compensation laws: This is a necessity if you have difficulty obtaining benefits or if your employer is trying to contest your claim.

It is important to act quickly and follow these steps to ensure that your claim is processed smoothly. This can allow you to receive the benefits to which you are entitled.

Professions Where Workers’ Compensation Claims Are Often Filed

Typically, professions that require more physical activity and engagement result in more worker injuries and accidents. Some professions that have a higher rate of workers’ compensation claims include:

• Construction: Construction workers are at a high risk of injuries due to the nature of their work, such as falls, equipment accidents, and repetitive motions.
• Healthcare: Healthcare workers, such as nurses and home health aides, can suffer injuries from lifting and moving patients. They are also frequently exposed to infectious diseases.
• Manufacturing: Manufacturing workers can be severely injured by heavy machinery. They are also susceptible to repetitive motion injuries.
• Transportation: Truck drivers and delivery workers may be injured in vehicle accidents as well as by loading and unloading cargo.
• Public Safety: Firefighters, police officers, and paramedics are at risk of injuries from responding to emergencies and violent situations.
• Agriculture: Agricultural workers can be harmed by equipment, chemicals, and extreme weather conditions.

It is worth noting that workers in these professions are more likely to file for workers’ compensation claims. However, that does not mean that workers in other professions do not file for workers’ compensation claims as well.

Common Workers’ Compensation Cases in Fullerton, CA

Cases for filing workers’ compensation claims can also be categorized by the injury suffered instead of the specific occupation where the accident occurred. There are several common types of workers’ compensation cases, including:

• Slip and Fall Accidents: These accidents happen when an employee slips, trips, or falls while on the job. They can result in injuries such as broken bones, sprains, and head injuries.
• Repetitive Motion Injuries: These are injuries that occur over time due to repetitive motions, such as typing or assembly line work. They can lead to conditions such as carpal tunnel syndrome and tendonitis.
• Back Injuries: These injuries occur due to heavy lifting, repetitive motions, or falls. They can result in conditions such as herniated discs and chronic back pain.
• Occupational Illnesses: These are illnesses that develop because of exposure to hazardous materials or conditions, such as asbestos or toxic chemicals.
• Vehicle Accidents: These accidents occur while employees are driving as part of their job duties, such as truck drivers or delivery workers. Injuries such as whiplash, spinal cord injuries, and traumatic brain injuries can result.
• Trauma From Violence: This specific trauma can occur from physical altercations with members of the public. Security guards, firefighters, and police officers are susceptible to these injuries.
• Mental Health Injuries: These can occur due to work-related stress, harassment, or discrimination. They can result in depression, anxiety, and PTSD.

These are only some of the more common types of workers’ compensation cases. There are many other types of injuries and illnesses that can also be covered by workers’ compensation.

Compensation Types for Injuries and Accidents in the California Workplace

In California, workers who are injured on the job are generally entitled to receive workers’ compensation benefits. These benefits can include:

• Medical Expenses: Workers are entitled to receive payment for all reasonable and necessary medical expenses related to their injury or illness. This includes payments for doctor’s visits, hospital stays, physical therapy, and prescription medication.
• Temporary Disability Benefits: If an employee is unable to work due to an injury or illness, they may be entitled to receive temporary disability benefits. The amount of these benefits is typically two-thirds of the employee’s average weekly wage, up to a certain maximum amount.
• Permanent Disability Benefits: If an employee’s illness or injury results in a permanent disability, they may be entitled to receive permanent disability benefits. The amount of these benefits is based on the employee’s degree of disability and their earning capacity.
• Vocational Rehabilitation: If an employee is unable to return to their previous job, they may be eligible for vocational rehabilitation services. These include job training or job placement assistance.
• Death Benefits: If an employee dies due to a work-related injury or illness, their eligible dependents may be entitled to receive death benefits. These include payment of funeral expenses and a weekly benefit for a specific period.

It is critical to know that the benefits and process for workers’ compensation claims may vary by case. Your compensation will be dependent on several factors, including your particular employment setting and employment contract.

Understanding the Responsibilities of California Employers

In California, employers are responsible for providing workers’ compensation insurance for their employees. This means that they must have a workers’ compensation insurance policy in place. They must also inform their employees of their rights and responsibilities under the policy. Employers are also responsible for reporting workplace injuries and illnesses to their insurance carrier or the state workers’ compensation program. In addition, employers are required to post information about workers’ compensation in a visible location at the workplace. They should also provide employees with a brochure about the workers’ compensation program.

Employers are also required to maintain a safe and healthy working environment for their employees. They should take steps to prevent workplace accidents and injuries. This includes providing proper training and equipment and ensuring that safety regulations are followed. If an employee is injured on the job, employers must provide prompt medical attention. They must not discriminate or retaliate against the employee for filing a workers’ compensation claim.

Third-Party Claims

A third-party claim is a legal action that is brought against a person or entity other than the employer or the employer’s workers’ compensation insurance carrier. It is typically filed when an employee is injured on the job due to the negligence or wrongdoing of someone other than their employer or co-workers.

For example, an employee is injured in a car accident while driving for work, and the accident was caused by another driver. The employee may file a third-party claim against the other driver in addition to a workers’ compensation claim against their employer.

A third-party claim can also be filed if an employee is injured by a defective product while on the job. In this case, the claim can be filed against the manufacturer of the product. A third-party claim allows the employee to seek additional compensation for their injuries, such as for pain and suffering. This is typically not available through workers’ compensation benefits.

A third-party claim is separate from a workers’ compensation claim. The employee can file both claims at the same time. However, if they receive compensation from the third-party claim, they may have to repay some of the workers’ compensation benefits they received.

How a Fullerton Injury Attorney Can Help You

A Fullerton workers’ compensation lawyer can help you in several ways, including:

• Filing a Claim: They can assist you in filling out the necessary forms and documentation to file a workers’ compensation claim.
• Representation: They can represent you in any appeals or hearings related to your workers’ compensation claim.
• Negotiation: They can negotiate with your employer or their insurance company to ensure that you receive fair compensation for your injuries.
• Legal Advice: They can advise you on any legal options you may have if your claim is denied or if you are not receiving fair compensation.
• Increased Chances of Success: Hiring a lawyer may also increase your chances of a successful outcome.
• Guidance: They can also guide you through the complex medical and legal processes of workers’ compensation claims.

Overall, a Fullerton workers’ compensation lawyer can help you navigate the legal system, protect your rights as a worker, and ensure that you receive the benefits to which you are entitled.

FAQs About Fullerton, CA Workers’ Comp Law

How much do workers’ compensation lawyers charge in Fullerton, California?

Workers’ compensation lawyers in California often charge a contingency fee, which means they only get paid if your case is won or settled. This proportion varies according to the complexity of the case, the lawyer’s expertise, and the stage of the case’s resolution. Before hiring a lawyer, make sure to read the fee agreement. The contingency fee in California is limited to 20% of the recovered benefits.

What is the maximum payout for temporary disability benefits in California?

In California, the maximum payout for workers’ compensation benefits is based on the state average weekly wage (SAWW) and is adjusted annually. For the year 2023, the maximum temporary disability benefit rate is $1,619.15 per week. This means that an employee who is unable to work due to an injury or illness can receive a maximum of two-thirds of their average weekly wage, up to this amount.

What is the maximum death benefit in California?

The maximum death benefit rate is $320,000. This means that if an employee died due to a work-related injury or illness, and there were three or more eligible dependents, they could receive a maximum of $320,000 in death benefits. If there are two or more eligible dependents, the maximum death benefits that they can receive is $290,000.

What are the mileage compensation rates for injured workers in Fullerton, California?

In California, injured workers who are required to travel for medical treatment related to their work injury may be eligible for mileage reimbursement. The mileage reimbursement rate for California is set by the State of California’s Division of Workers’ Compensation (DWC), and it is currently set at $0.655 per mile for the year 2023. This means that if an injured worker travels in their personal vehicle for medical treatment related to their work injury, they can be reimbursed $0.655 per mile for the distance they traveled.

Contact Leviton, Diaz & Ginocchio, Inc.

If you have suffered an injury, and are now unable to work efficiently or at all, a Fullerton workers’ compensation lawyer at Leviton, Diaz & Ginocchio, Inc., can help you right away. We can help you file for the compensation you deserve, such as workers’ compensation and other benefits. We can ensure that your worries and concerns are addressed immediately. Talk to an employment lawyer at our office today to learn what your options are.