Eastvale
Workers’ Compensation Lawyer

Workers’ Compensation Attorney In Eastvale, CA

If you have been injured at work, an experienced Eastvale workers’ compensation lawyer from Kampf, Schiavone & Associates is here to fight for you. California’s no-fault workers’ compensation system provides injured workers with necessary benefits, including medical treatment and wage replacement, regardless of who is at fault. However, successfully navigating the workers’ comp process often requires experienced legal assistance.

Understanding Your Rights and Benefits for Workers’ Compensation

California’s workers’ compensation system provides several types of benefits. Immediate medical attention and temporary disability payments while you recover from injuries are guaranteed benefits, and permanent disability compensation is available if your injury results in permanent damage, along with additional benefits. All these benefits are also tax-free. You won’t have to pay state or federal taxes on your workers’ comp award.

For workers’ compensation claims, all employees have a certain time to submit their claim because injuries can happen quickly or evolve over time, like repetitive stress damage or occupational diseases. The time limit begins when you first miss work or when you receive a diagnosis stating that your injury was work-related. Understanding what is a no-fault workers’ compensation system can help you better understand your rights and the benefits available to you.

Common Workplace Injuries

Workplace injuries can happen in any field. Although they can be more frequent in some areas, such as construction, than in others, such as desk work, this does not mean their effects cannot be severe to those who they happen to. Some common workplace injuries are:

Slips, trips, and falls
Falls from heights
Heavy machinery accidents
Injuries from repetitive strains
Vehicle accidents
Workplace assaults

Repetitive strain injuries are becoming increasingly common in today’s workplace. If you’re experiencing symptoms from repetitive tasks, learning about workers’ compensation for repetitive motion injuries can help you understand your options for treatment and compensation.

Regardless of the injury, it can still place financial, emotional, and physical strain on you. These damages require compensation to help alleviate the impact.

When To Act

In 2023, 680,152 First Reports of Injury were received by the Workers’ Compensation Information System (WCIS) in California from Trading Partners. The resulting rate was 3.6 per 100 employees.

Time is of the essence in preserving your right to benefits. In California, for example, you must provide written notice to your employer within 30 days of the injury. If you miss this deadline, you may lose your right to collect benefits.

You also generally have one year from the date of the injury, or one year from the last time benefits were paid, in which to file a formal claim or an appeal. Since even small technical mistakes like these can result in long delays or denials of your claim, it is important to speak with an attorney as soon as possible to ensure your case is handled correctly and on time. Knowing how to properly file a workers’ compensation claim in California from the beginning can help prevent costly delays and errors.

Choosing a Medical Provider

Your access to medical treatment is at the heart of your recovery and your claim. In most situations, your treatment must start with a doctor who is part of your employer’s medical provider network. If you had the foresight to pre-designate a physician before your injury, then you may continue to see that doctor.

It is important that you understand your treatment options and that your medical records clearly state the nature and extent of your injury. An experienced attorney can help you understand the medical provider rules and ensure that your right to medical treatment is protected.

Compensation to Recover

California law affords multiple types of benefits to help you recover and move forward if you are hurt on the job. The benefits you may be entitled to can vary depending on how seriously you were injured, whether you can return to work, and if you have any lasting medical needs. An Eastvale workers’ compensation attorney with extensive experience handling these types of cases can make sure that you pursue every benefit available to you, including:

Medical treatment
Ongoing care
Permanent disability
Job retraining
Death benefits for surviving family members

Workers’ compensation does not cover non-economic damages, such as pain and suffering, but it typically also provides you with a portion of lost wages. For detailed information about what benefits may be available in your specific situation, reviewing workers’ compensation benefits can provide valuable insights into your entitlements.

Hire a Workers’ Compensation Lawyer

Kampf, Schiavone & Associates has been fighting for injured workers and their families since 1985. As a results-oriented firm serving the Inland Empire, we have recovered more than $250 million in verdicts and settlements.

Our trial-ready attorneys have an in-depth understanding of California’s workers’ compensation laws, as well as first-hand knowledge of how the insurance industry works. We are not afraid to stand up to big insurance companies and other powerful adversaries to protect the rights of our clients in Eastvale, San Bernardino, and throughout Southern California.

FAQs

What Is the 5 Year Rule for Workers’ Comp in California?

California’s five-year rule permits injured employees to reopen their workers’ compensation claim within five years of the date of the original injury if the condition worsens. It can be done even after the settlement. This gives workers the opportunity to receive additional medical treatment or disability benefits. This rule gives employees long-term protection if their injury becomes more serious. This is particularly important when recovery time may exceed workers’ compensation term limits, as healing doesn’t always follow insurance company timelines.

What Are My Rights Under Workers’ Compensation in California?

California workers maintain several rights according to the state’s workers’ compensation laws, including medical treatment for workplace injuries and illnesses, as well as temporary or permanent disability benefits for those unable to resume work, along with supplemental job displacement benefits for necessary retraining and death benefits for dependents. You also have the right to appeal a denied claim and protection against employer retaliation for filing a claim.

What Is the Highest Paid Workers’ Comp Case in California?

Workers’ compensation settlement amounts in California can range from very small to very large. In general, the highest settlements are usually in cases with catastrophic injuries such as paraplegia, quadriplegia, traumatic brain injury, or third- and fourth-degree burns. There have been some high-profile cases that settled for several million dollars due to lifetime medical treatment and permanent disability. In extreme cases, lifetime care can justify very large payouts.

How Much Can I File a Claim Against Workers’ Comp For?

Workers‘ comp is an exclusive remedy in California, which means that, as an employee, you cannot file a claim against your employer for damages outside of the workers’ compensation system. You can, however, file a workers’ compensation claim and receive benefits, such as medical care and disability benefits, under the program.