Banning
Workers’ Compensation Lawyer
Workers’ Compensation Attorney In Banning
Workplaces can have inherent risks, but employees have the right to be safe on the job. State and federal laws require employers to adhere to certain safety standards to protect employees. While these laws can limit risks, they don’t prevent them entirely. Employers may also cut corners, increasing this risk. If you were injured in the workplace, a skilled Banning workers’ compensation lawyer can help you file a workers’ compensation claim to recover benefits.
Exceptional Legal Representation for Injured Workers in Banning
After a workplace injury, it is not always easy to navigate the insurance claims process. When you work with the attorneys at Kampf, Schiavone & Associates, we can protect your financial future and your rights. Although it should be simple to recover compensation for a good-faith claim, it can be complex. We have four decades of legal experience, and we can help fight for you and secure the benefits you deserve.
Our past workers’ compensation cases have secured settlements and verdicts for up to $3.1 million. We can manage each part of the claims process for you, keeping you informed along the way. One of our lead attorneys has previously worked in an insurance agency as a senior adjuster. This gives our firm unique insight into the tactics used by insurers, including workers’ compensation insurance adjusters. Let us fight for your maximum financial recovery. If you’re unsure where to start after a denial, learning what to do about a workers’ compensation claim denial can be essential for protecting your rights.
How Is a Workers’ Compensation Claim Different From a Personal Injury Claim?
Workers’ compensation insurance is a system that protects employers from personal liability and provides employees with an easier path to limited benefits. A workers’ compensation claim cannot secure as many damages as a personal injury claim, but employees do not have to prove that anyone is to blame for the accident. Simply being injured or developing an illness from work is likely sufficient to recover benefits.
Workers’ compensation claims can recover:
- Medical bills
- A portion of income
- Vocational rehabilitation costs
- Disability benefits
A workers’ compensation claim cannot recover pain and suffering or other intangible damages. Those are only potentially available in personal injury claims. Generally, you are unable to recover compensation through a personal injury claim for a workplace injury.
There are some specific situations where you could file a personal injury claim, such as if you were injured because of the negligence of a party who is not a coworker or your employer. This may be a driver, a product manufacturer, or another party. To better understand your options, you may want to review how workers’ compensation is a no-fault system and why this impacts the types of benefits available to injured employees.
Understanding Injuries in Banning and Throughout California
There were 52 severe injury reports in the state of California in 2023, based on reports by the Occupational Safety and Health Administration. One of these severe injury reports was in Riverside County in Moreno Valley. Of the 52 reports, 17 were fractures. Falls and heat exposure were some of the top causes of severe injuries.
There were approximately 472,500 nonfatal injuries and illnesses in California workplaces in the same year, and 182,900 of those cases required days off from work, according to the U.S. Bureau of Labor Statistics and the California Department of Industrial Relations. Of these, 363,900 were reported by private industry employers, which was a rate of three injuries per 100 full-time workers, compared to the national rate of 2.4.
What Should You Do After a Workplace Injury?
If you are injured in the workplace, medical care is essential. The San Gorgonio Memorial Hospital is located in Banning at 600 N. Highland Springs Avenue. Be sure to report the injury through the proper systems in your workplace and then get in contact with a workers’ compensation attorney to file your claim before the deadline. Filing a claim can be complicated, so having guidance on filing a workers’ compensation claim in California can help you avoid missing important steps and deadlines.
Why Do I Need a Workers’ Compensation Attorney?
A workers’ compensation attorney can help in many ways, including by:
- Determining the avenues that are available for compensation
- Assessing the damages you are owed
- Providing crucial legal advice
- Filing the claim on time and with the correct information
- Negotiating with the insurer to get the benefits you deserve
- Appealing a denial of your claim
- Providing essential support during this difficult time
- Enabling you to focus on your physical recovery
You don’t have to manage this case alone. If your injury was caused by someone other than your employer or coworker, there may be potential for a third-party settlement affecting your workers’ compensation recovery, which an experienced attorney can help you navigate.
FAQs
How Much Should I Settle for in My Workers’ Comp Case?
The amount you should settle for in your workers’ compensation case will depend on the cost of your medical bills and other damages. An attorney can help you assess the specific benefits you are eligible for, such as disability benefits, partial wages, and vocational rehabilitation costs. A lawyer helps you calculate these costs so that you settle for a reasonable amount.
What Are the Odds of Winning a Workers’ Comp Case in California?
In California, obtaining benefits in a workers’ compensation case is often straightforward, especially if you work with an attorney. If you were injured while at your worksite or completing job duties, and the injuries were not purposeful, you are likely able to recover benefits. Unlike a personal injury case, you don’t have to prove that anyone was to blame for your accident to recover compensation.
How Can You Get the Most Money Out of a Workers’ Comp Settlement?
The most effective way to get the most money out of a workers’ comp settlement is to hire a workers’ compensation lawyer. Your lawyer can review and assess your damages to determine a fair settlement amount. They can then use evidence of your medical bills, the opinions of healthcare professionals, and other information to show proof of those damages. Then, your attorney can negotiate with the insurer until a fair settlement is reached.
Does Physical Therapy Increase a Workers’ Comp Settlement?
Yes, physical therapy will likely increase a settlement for workers’ compensation because medical bills that are necessary and reasonable are covered by a settlement. The more reasonable costs there are, the more significant a settlement must be to cover them. Physical therapy also likely means your injury has potential long-term ramifications on your life, which can result in benefits like disability benefits.
Let Our Firm Support You: Hire a Workers’ Compensation Lawyer From Kampf, Schiavone & Associates
Disputes about workers’ compensation claims can be frustrating, especially when your injury or illness has caused you severe physical and financial harm. When you work with Kampf, Schiavone & Associates, we can fight for you and address these disputes. We gather evidence and work to ensure you get the damages you are rightfully owed. Contact our firm today.