All employers in the state of California are required to provide some form of workers’ compensation insurance in case an employee is hurt or sustains an illness while working. However, navigating workers’ compensation and fighting for the benefits you deserve can be challenging. With the complexities surrounding workplace accidents, many employees often ask themselves, “How do I maximize my workers’ compensation settlement in California?”
Luckily, working with a skilled workers’ compensation lawyer in California can make all the difference in your case. When you hire an experienced attorney, you can trust that they understand the nuances that come with filing for workers’ compensation in California, allowing them to fight for the maximum amount of compensation available in your situation.
Maximizing Your Workers’ Compensation Settlement in California
When you’ve sustained a workplace injury or illness in California, it can be easy to start panicking about mounting medical bills and your potential loss of income. However, receiving a fair workers’ compensation settlement can alleviate those worries and allow you to focus on your recovery.
As of 2023, California was home to nearly 39 million residents and employed over 17 million people. In 2024, there were over 679,537 workers’ compensation claims in California, which was around 3.6 claims per 100 employees. These numbers alone show just how common workplace injuries and illnesses can be.
There are multiple steps you can take to maximize your workers’ compensation settlement. Some important ones include:
- Hire a Workers’ Compensation Lawyer. A knowledgeable workers’ compensation attorney has the skills needed to help you build a powerful claim backed with strong evidence. They can also negotiate with insurers and fight for your rights both in and out of the courtroom.
- Report Your Injury or Illness Immediately. Report any injuries that occur at your workplace to your supervisor immediately. If you experience an illness or repeated exposure injury, you should report it as soon as you suspect it is work-related. Provide all the details you can about how you received the injury or illness without exaggerating or taking the blame. Waiting to file increases your chances that the claim could be denied.
- Seek Medical Attention. You should seek medical attention quickly after you have notified your supervisor of the situation, even if you feel like your injuries aren’t severe. Having valid medical documentation of your injuries is crucial when filing a workers’ compensation claim.
- Document Everything. Keeping a detailed account of your injury or illness can be beneficial if your employer or the insurance company requests more information or tries to deny your claim. You should keep both records and evidence of how your injury or illness occurred. Collecting statements from your coworkers or anyone who witnessed the incident is also helpful.
California Workers’ Compensation Requirements
California’s workers’ compensation policies are a result of public outrage at the unsafe working conditions that were common in the early 1900s. As a result of public awareness, workers’ compensation laws were created to provide a safety net for employees.
Now, California employers are legally obligated to provide workers’ compensation insurance to all of their employees. These workers’ compensation benefits include aid such as:
- Coverage of medical care
- First aid treatment
- Temporary disability benefits
- Permanent disability benefits
- Supplemental job displacement benefits
- Return-to-work supplement programs
- Death benefits
To receive workers’ compensation benefits in California, you have to qualify as an eligible employee. Before benefits are paid, you have to prove that you are:
- An employee of the business where the injury or illness occurred
- Your injury or illness happened during the regular commission of your job duties
- Your injury or illness resulted in financial losses
FAQs
How Do You Know When an Insurer Is Giving You a Lowball Offer for Workers’ Compensation in California?
When you’ve been injured on the job in California, there are certain signs you should look out for when discussing your potential payout with an insurance adjuster. If the offer comes too quickly, it likely means the adjuster is hoping you’ll take the offer without considering future costs. It’s likely the offer doesn’t account for future expenses. Another sign is if evidence is lost or ignored, your claim is disputed, or the offer is made with a short deadline to accept.
What Are the Signs of a Good Workers’ Compensation Settlement Offer in California?
There are several signs of a good workers’ compensation settlement offer. If an offer considers the past, present, and future costs of your injury, this is a good sign. Additionally, if the insurance company breaks down the cost of their payout and the elements that led them to their final number, this may also be a sign of a strong payout and trustworthy adjuster. You should always consult with an attorney before accepting a workers’ compensation offer in California.
How Much Does It Cost to Hire a California Workers’ Compensation Attorney?
The cost of hiring an experienced workers’ compensation attorney in California varies widely. The experience your attorney has, the location of their practice, the amount of time they must dedicate to your case, and the complexity of your claim can all impact their final price. It’s important that you discuss your attorney’s pricing structure during your initial consultation, as some lawyers charge hourly while others use contingency fees.
Do You Have to Hire a Lawyer to Get a Workers’ Compensation Settlement in California?
No, you are not legally required to hire a lawyer to get a workers’ compensation settlement in California. However, there are many benefits to hiring one. Because workers’ compensation cases can become complex and insurance companies often try to pay less than they should, hiring a lawyer ensures that your rights are protected and that you receive the maximum amount of compensation possible. Your attorney can negotiate on your behalf.
Contact Kampf, Schiavone & Associates Today
Experiencing a sudden workplace injury or illness in California can be overwhelming and exhausting. With over four decades of legal experience, you can trust the team at Kampf, Schiavone & Associates to fight for your rights and a fair outcome to your case. Contact our firm today to schedule your initial consultation and start working toward benefits.