Huntington Beach Workers’ Compensation Lawyer

When you are facing a work-related injury, you need powerful legal representation. They can help you obtain the workers’ compensation benefits you are rightfully owed. Leviton, Diaz & Ginocchio, Inc., is a top Huntington Beach workers’ compensation law firm. We are ready to fight for your rights as an injured American worker.

Our team of injury lawyers and personal injury attorneys has a proven record of success in handling a wide range of workers’ compensation cases. We understand the complexities and nuances of the workers’ compensation system. Our firm knows that every injury, every case, and every story is deeply personal. We treat every client with the highly individualized care and respect their case demands.

What Is Workers’ Compensation?

If you have been injured on the job, you may be entitled to workers’ compensation benefits under the law. These benefits can cover your direct medical expenses, lost wages, and other costs related to your injury and recovery.

However, navigating the workers’ compensation claim process can be overwhelming for those with no legal or clerical background. Meanwhile, insurance companies and employers may offer an insufficient settlement or fight to deny your benefits. All these hazards call for experienced legal counsel of your own.

Do I Need a Workers’ Compensation Attorney?

Every American has the right to represent themselves in legal matters if they so choose. However, this is rarely wise, especially with matters as complex and emotionally charged as workers’ compensation cases.

Our team can work tirelessly to build a strong case on your behalf. This can allow you to receive the maximum compensation available. Our attorneys can guide you through the process, from filing your initial claim to representing you at any necessary hearings or appeals. That way, you can focus on what really matters: your journey to healing.

At Leviton, Diaz & Ginocchio, Inc., we have helped clients through many extremely tough situations. We intimately understand the impact a work-related injury can have on your life. That is why we treat every case with compassion, respect, and one-on-one attention. It is also why we are committed to providing aggressive representation for every injured client. We can fight for your rights and work to maximize your workers’ compensation benefits. We can help you get the resources you need to fully heal from this experience.

Do not wait to get the legal help you need. Employers and insurers who do not want to pay will immediately begin building their case against you. The only adequate response is powerful legal representation of your own.

A Brief Timeline of Workers’ Compensation in California

To help you better understand your rights as an injured worker, this is a brief timeline of workers’ compensation laws in California.

• 1911: The first workers’ compensation law in the United States was passed in Wisconsin. California followed suit soon after, passing the Roseberry Act, which gives benefits to those injured on the job. This original law only covered about 15% of California’s workforce and did not extend to occupational diseases.
• 1913: California’s workers’ compensation program is expanded through the Boynton Act to cover more workers. These include agricultural laborers and domestic servants. It also now covers occupational diseases as well as direct injuries.
• 1917: The workers’ compensation system is further bolstered by the Workman’s Compensation Insurance and Safety Act.
• 1970s: The workers’ compensation law is given a key update to provide coverage for stress-related injuries.
• 2000s: Modern revisions to the program are made, including those that help it better interface with the disability rating system.

In more recent years, California’s workers’ compensation system has faced challenges related to rising costs and concerns about fraud. Nevertheless, the state generally continues to prioritize the rights and protections of injured workers. It also continues to implement periodic reforms to improve the system. This ensures that workers receive the benefits they need to heal.

Workers’ Comp in California: Key Concepts

The California workers’ compensation code is vast and complex. Fully comprehending it typically requires formal legal training and significant real-world experience with workers’ compensation cases. Nevertheless, it is useful to understand key aspects of the process before making a claim of your own.

California law mandates that employers provide workers’ compensation benefits to employees who suffer a work-related injury or illness. If you are injured on the job, you have a legal right to be compensated in most cases. Even companies that only have one employee are required by law to carry workers’ compensation insurance.

Workers’ comp benefits are an extremely valuable resource that you are entitled to as a working person. These funds will cover the cost of your medical treatment, such as diagnostics, prescriptions, and physical therapy appointments. The amount awarded should also cover your lost wages if your accident left you unable to return to work. In some cases, other expenses and damages can also be awarded.

A solid understanding of the basics of California workers’ compensation policy can allow you to navigate the process of seeking legal help with more confidence. It can ultimately help ensure that you receive the full amount of the benefits you are entitled to.

Here are some other important things to know about workers’ compensation cases in California:

• California’s workers’ compensation program is a no-fault system. This model is in place to help resolve cases as efficiently as possible. This allows injured workers to receive the support they need, regardless of who was responsible for the injury or illness.
• Workers’ compensation benefits typically cover medical treatment, temporary disability payments, lost wages, and vocational rehabilitation services. Your lawyer can explain if you might be eligible for additional payouts in your particular circumstances.
• All employers in California, no matter the size of the operation, are required to carry workers’ compensation insurance. However, self-insurance is also a valid option. Usually, smaller, self-insured employers are the most likely to attempt to talk their injured employees out of filing claims. If your employer tries to offer you an excessively small settlement, or tells you a workers’ compensation claim is unnecessary, end the conversation immediately and call an attorney.

Basic Steps in a California Workers’ Compensation Case

If you have been injured on the job in Huntington Beach, California, and need to begin the process of filing for workers’ compensation benefits, you should understand the basic timeline of the process. Knowing what to expect and when to act can help you collaborate with your attorney and navigate the overall process more effectively.

1. Report your injury to your employer immediately. This is critical to having your claim approved and ultimately receiving your benefits.
2. Your employer should provide you with some formal claim paperwork to fill out. If they forget to provide these forms, ask for them. If they still fail to provide a claim form, notify your attorney of the situation.
3. Once the claim is filed, your employer’s insurance has 14 days to authorize or deny it.
4. If your claim is approved, you will start receiving benefits.
5. If your claim is denied, you have the right to appeal the decision and take the matter to court.
6. Should you appeal, you will likely need to attend a hearing before a state workers’ compensation judge.
7. If this judge rules in your favor, you will start receiving benefits.

California Workers’ Compensation Cases: Why You Need a Lawyer

Partnering with an experienced California workers’ compensation lawyer can help ensure that:

• Your rights are protected.
• Your family is provided for.
• You receive the maximum possible benefit.

Simple workers’ compensation cases can be quite quick and straightforward. Unfortunately, this is not always the case. Many for-profit companies and their insurers will attempt to minimize costs. Some try to deny strong claims on a routine basis.

A good lawyer can:

• Guide you through the claims process.
• Advocate for you at hearings and other legal proceedings.
• Work to maximize your benefits.
• Provide key advice and support throughout the process.

Your attorney can help you navigate any unexpected challenges that arise on your path to healing and compensation. It is crucial that you receive the benefits you are legally entitled to. Working with a seasoned injury lawyer can make all the difference in the outcome of your case.

The highly skilled workers’ compensation team at Leviton, Diaz & Ginocchio, Inc., is here to:

• Help you understand—and exercise—your rights under the law.
• Guide you through the claims process. This includes filling out paperwork and communicating with insurance companies.
• Represent your interests at any hearings, meetings, or other proceedings pursuant to the case.
• Maximize your workers’ compensation benefits. This includes securing payment for medical treatments. They can also help you obtain disability payments and recoup lost wages.
• Walk you through your full range of legal options. If conflicts arise, your lawyer can help you develop an effective strategy for appealing a denied claim. They can also assertively represent your interests at the appeal hearing.
• Provide powerful legal advice and support throughout the entire process.

FAQs About Huntington Beach, CA Workers Compensation Law

What Is the Average California Workers’ Comp Settlement?

The amount of a workers’ compensation settlement in California will vary widely depending on the specific circumstances of the case, such as:

• The extent of the injury
• The amount of lost wages
• The cost of required medical treatments

There is no flat fee or published scale for these payouts. Rather, they are based on the actual damages that need to be covered. Settlements can range from a few thousand dollars to several hundred thousand dollars or more. Working with an experienced workers’ compensation lawyer can ensure that you receive a fair settlement that covers all your expenses and losses.

What Are People Saying About Workers’ Compensation Law Services in Huntington Beach, CA?

People are saying great things about the industry-leading workers’ compensation law services provided by Leviton, Diaz & Ginocchio, Inc., in Huntington Beach, CA. Clients have praised our knowledgeable and experienced lawyers. They are also pleased with our dedication to helping the sick and injured workers of California navigate the complexities of the workers’ compensation system. We are committed to providing personalized attention and support to every client. This has earned our firm a reputation as one of the top workers’ compensation law firms in the state.

How Much Do Workers’ Compensation Lawyers Charge in Huntington Beach, California?

This depends on many factors, such as:

• The complexity of the case
• The amount of time required in court
• The quality of your legal counsel
• Your lawyer’s billing policies

In California, many law firms focusing on workers’ compensation cases charge an hourly rate for all work done on the case. Others may work on a contingency-fee basis. This means they only receive payment if they win the case and secure a settlement on your behalf. Average contingency fees in the state range from 10% to 15% of the total settlement or award. This can fluctuate with the particulars of the case.

Complex and difficult cases are more expensive. If you have concerns about paying for your legal counsel, you should discuss fees and payment schedules with your lawyer or their billing team upfront. This can avoid any surprises or misunderstandings later.

How Much Does California Workers’ Compensation Pay?

The amount of workers’ compensation benefits you may receive in California depends on many factors. These include the seriousness of your injury, how much pay you have lost, and the cost of treating your injuries. You may also be entitled to temporary disability benefits. These typically pay around two-thirds of your average wage, up to a maximum set by law. Your workers’ compensation lawyer can help you understand the full range of benefits available to you and how to access them.

Leviton, Diaz & Ginocchio, Inc.: Your Trusted Huntington Beach Workers’ Comp Team

If you have been injured on the job in California, notify your employer first. Then, seek quality legal help immediately to prepare and file your claim. The team at Leviton, Diaz & Ginocchio, Inc., is here to help you do exactly that. Together, we can navigate the complex workers’ compensation system. Our experienced and fiercely dedicated lawyers work tirelessly to help injured workers like you receive the benefits they need and deserve.

Contact us today to set up a no-pressure consultation.