Irvine Workers Compensation Attorney

Irvine Workers Compensation Attorney

Irvine Workers’ Compensation

Irvine Workers Compensation Lawyer

Having a job can be one of the most rewarding experiences in life. It can provide employees with a sense of purpose, accomplishment, and camaraderie that can’t be found anywhere else. It also is a life necessity, as it allows us to put a roof over our heads and food on the table.

But sometimes, our jobs can be the source of great stress and anxiety. In addition to the regular demands of the workplace, we may also have to deal with co-workers who prove to be difficult to get along with, a boss who is constantly micromanaging, or a work environment that is simply not conducive to our well-being.

And then there are the times when our jobs can be downright dangerous. Whether it’s working with hazardous materials, being exposed to harmful chemicals, or operating heavy machinery, there are many ways in which our jobs can put us at risk for injury.

While an employer does not have a legal obligation to protect you from an annoying co-worker, they must provide a safe and healthy work environment. If you have been injured at work or developed an illness due to your job, you may have legal grounds to advance workers’ compensation benefits.

irvine workers compensation lawyer

Representing Irvine, CA With Workers Compensation Support

At Leviton, Diaz & Ginocchio, Inc., our Irvine workers’ compensation lawyers have years of experience fighting for the rights of injured workers. We have seen countless cases where an unfair employer has tried to deny responsibility for an injury or has failed to provide the necessary medical treatment and income benefits.

We know the law, and we get results. Our goal is to help you get the benefits you need so that you can focus on your recovery. Our mission is to level the playing field so you can get the best possible outcome for your case. If you’ve been hurt at work, call us today to consult with an experienced Irvine workers’ compensation attorney.

What Is Workers Compensation?

Workers’ compensation is an insurance system found in the United States that provides financial benefits to recently injured employees as a result of their job. Workers’ compensation benefits contain but are not limited to medical expenses, income replacement, and mental support.

In most cases, workers’ compensation is mandatory in California. This means that employers must provide coverage for their employees. There are a few exceptions, such as certain businesses and religious organizations.

Workers’ compensation is a “no-fault” system, which means it does not matter who was at fault for the injury. As long as the injury occurred while you were working and was not caused by your own negligence, you should be eligible for benefits.

irvine workers compensation attorney

What Type of Work Injuries Qualify for Workers Compensation?

Almost any type of injury or illness caused by your job can qualify for workers’ compensation benefits. This includes both physical and mental injuries.

Examples of work-related injuries can include:

  • Slips, trips, and falls. These are some of the most common workplace injuries, and they can occur when there is a wet or slippery surface, an uneven surface, or cluttered walkways. If your employer knew or should have known about the dangerous condition and failed to fix it, you may be able to file a workers’ compensation claim.
  • Repetitive motion injuries. These injuries occur when you perform the same task over and over again. They can be caused by activities such as typing, lifting, or assembly line work. When your body is constantly performing the same motion, it can lead to tissue damage and inflammation. If your employer does not provide breaks or does not allow you to take proper precautions, that may be enough to file a claim.
  • Back injuries. Back injuries are also common in the workplace and can result from lifting heavy objects, sudden movements, or falls. If your employer requires you to lift heavy objects without proper training or equipment, it may be grounds for a claim.
  • Chemical burns. If you work with hazardous materials, you may be at risk for chemical burns. These can occur when you come into contact with caustic chemicals or fumes, and your employer should provide the proper safety gear to avoid this type of injury.
  • Head injuries. Head injuries can occur in various ways, such as falling objects, car accidents, or slips and falls. If your employer does not provide the proper safety gear, such as hard hats or safety glasses, you may be able to file a claim.
  • Stress. Stress is not usually considered an injury, but it can be covered by workers’ compensation in some cases. If you can show that your job caused you to suffer from a mental health condition, such as anxiety or depression, you may be able to get benefits.

What Is Eligible for Compensation?

If you have been injured at work, you may be eligible to receive funds for your injury’s direct and indirect costs. This can include:

  • Medical expenses. You should be covered for all reasonable and necessary medical treatment, including hospitalization, surgery, and prescription medication. These are expenses that you would not have incurred if you had not been injured at work. Rehabilitation and therapy costs may also be covered if your doctor deems them necessary for your recovery.
  • Income replacement. If your injury prevents you from working, you may be eligible for California workers’ compensation benefits to replace lost wages. In most cases, you will receive two-thirds of your average weekly wage. These benefits are typically paid until you can return to work or reach maximum medical improvement. This can help you to cover your living expenses while you are out of work.
  • Vocational rehabilitation. If your injury prevents you from returning to your previous job, you may be eligible for vocational rehabilitation. This can help you to get the training and education you need to find a new job that is within your abilities. You may also receive benefits to cover the cost of job placement services.
  • Pain and suffering. Workers’ compensation benefits typically do not cover pain and suffering. However, in some cases, you may receive benefits for mental anguish or emotional distress. This can be difficult to prove in a legal sense, so it is important to speak with workers’ compensation attorneys if you are considering this type of claim.
  • Wrongful death. If your loved one dies as a result of a workplace injury, you can file a wrongful death claim. This can provide you with compensation for your losses, such as lost income and the loss of companionship.

What Is Not Covered by Workers’ Compensation?

There are some situations where you will not be eligible for workers’ compensation benefits. This can include:

  • Self-inflicted injuries. If you intentionally injure yourself at work, you will not be eligible for benefits. This is because workers’ compensation is meant to cover accidental injuries, and there is no direct tie between your employer and your self-inflicted injury.
  • Injuries that occur outside of work. If you have been injured while you are not working, you will not be eligible for workers’ compensation benefits. This can include injuries that occur while you are on your lunch break or after you have clocked out for the day.
  • Injuries that occur while you are intoxicated. If your injury occurs at work while you are under the influence of drugs or alcohol, you will not be eligible for benefits. This is because your intoxication is considered to be a contributing factor to your injury and is not something that your employer can be held responsible for.
  • Injuries that occur while you are breaking the law. If you become injured at work while you are breaking the law, you will not be eligible for benefits. This can include injuries that occur while you are committing a crime or engaging in illegal activity. The only exception to this is if your employer has directed you to break the law, such as if they have told you to commit a crime.
  • Pre-existing injuries. If you are injured at work and your injury is a result of a pre-existing condition, you will not be eligible for benefits. This is because your employer cannot be held responsible for your pre-existing condition. However, if your work aggravates your pre-existing condition, you may be eligible for benefits. This gray area can be difficult to prove, so it is important to speak with an attorney if you are considering this type of claim.

What Evidence Do I Need to File a Claim?

If you have been injured at work, you will need to gather evidence to support your claim. This can include:

  • Your medical records. You will need to provide your medical records to prove that you were injured at work. This can include your medical reports, x-rays, and MRI results.
  • Witness statements. If there were witnesses to your accident, you will need to get their contact information so that they can provide a statement.
  • Photographs and video footage. If there is photographic or video evidence of your accident, you will need to get copies of this evidence. It is very difficult to dispute any chain of events when you can rewatch them over and over again.
  • Pay stubs. You will need to provide pay stubs to show how much income you have lost as a result of your injury.
  • Documentation of your expenses. You will need to provide documentation of any expenses incurred from your injury. This can include medical bills, rehabilitation costs, and lost wages.
  • Your employment contract. You will need to provide your employment contract to show that you were an active employee at the exact time of your accident. This contract will show that you were entitled to workers’ compensation benefits.

FAQs About Irvine, CA Workers Compensation law

How much is the average workers’ comp settlement in Irvine, California?

The amount of your settlement will depend on the severity of your injury and the impact it has had on your life. For example, if you now have a permanent disability, you will likely receive a much larger settlement than if you have a temporary injury, in which you would receive help to sustain yourself until you are able to return to work.

How long does a workers comp case take to settle in California?

The amount of time it takes to settle your case will depend on the severity of your injury and the insurance company’s willingness to negotiate. If your case is complex, it may take months or even years to reach a settlement. This is why it is important to speak with an attorney who can help you navigate the workers’ compensation system and expedite the process.

How long does it take a judge to approve a workers comp settlement in California?

If you and the insurance company are having a hard time reaching a settlement, your case will go to trial. Once a verdict is reached, the judge will review the settlement and approve it. Factors influencing how fast the judge will approve the settlement include the severity of your injury and whether or not you have an attorney.

How much do workers compensation lawyers charge in California?

Most workers’ compensation lawyers work on a contingency basis, which means they do not get paid unless you win your case. The contingency fee is typically a percentage of your settlement. For example, if you receive a $10,000 settlement, the lawyer may take $3,000 as their fee. Contingency fees vary from lawyer to lawyer, so it is important to ask about the fee before hiring an attorney.

Contact Workers’ Compensation Attorneys Leviton, Diaz & Ginocchio, Inc. Today

If you have been injured at work, you need an experienced workers’ compensation lawyer on your side. The workplace accident attorneys at Leviton, Diaz & Ginocchio, Inc. have years of experience representing injured workers in California. We will fight to get you the maximum amount of compensation you are entitled to under the law. We will also help you navigate the workers’ compensation system so that you can focus on your recovery. Contact us today to schedule a consultation and take the next step towards a brighter day.

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