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]]>The possibility exists that you can be fired while you are out of work. However, there are many complex reasons that surround an employer’s ability to terminate an employee who is on workers’ compensation benefits. The law protects employees from being fired for the sole purpose of being out of work because of an injury, regardless of whether they filed a claim or not. However, there can be mitigating circumstances that could still lead to termination.
California is an “at-will” employment state, which means that both employees and employers can terminate employment at any time for any reason. This may seem unnerving, leaving you constantly worrying about whether you have a job or not. However, an employer still must follow the law when terminating an employee.
When an employee is receiving workers’ compensation, an employer may still terminate them. However, it cannot be because an employee filed a claim—or at least they cannot admit that is the reason. If an employee is fired because they filed a claim, that would be retaliatory, which is illegal. Employers will likely find a way around this by justifying the termination for some other legal reason, including:
In California, workers’ compensation claims often come with the same processes as a legal trial, which would include an employer hiring lawyers, insurance experts, and consultants whose job it is to investigate your claim. As with any legal proceeding, each side is out to prove that the other is in the wrong and therefore a responsible party who should be held accountable.
In some situations, employers who feel that the employee is exaggerating their circumstances, or can return to work based on their investigation, will serve the employee with a Notice of Ability to Return to Work. This document legally informs the employee that they are expected to return to work in their previous role. However, your employer is not a medical expert and therefore cannot determine your ability to return to work. If you are served a notice, and your doctor clears you for a partial or full return, you should report back to work as instructed. Your employer will likely know that you have been cleared because your medical bills will be sent to them as part of the compensation.
If, however, you decide not to return to work even though you have been medically cleared, you could be terminated for refusal and lose the benefits you have been awarded.
If you are receiving workers’ compensation benefits, your doctor may instruct you to limit activity because of your injury. If you ignore that order, that decision could cost you your job.
During the time you are receiving benefits, employers are legally allowed to hire private investigators to follow you to ensure that you are not taking advantage of the company. For example, if your injury prevents you from going to work, but you are seen entering and leaving a gym to exercise, you may be terminated unless the workout is part of a structured rehabilitation plan.
If you are terminated while receiving workers’ compensation, you should immediately collect all the evidence you think is relevant to a wrongful termination. Your employer does not have to show justification for your termination; you must prove that the termination was unlawful or retaliatory. It is best to do this with the help of a workers’ compensation attorney.
A: Employers have the right to terminate employment at any time and for any reason because California is an “at-will” work state. However, there are still legal parameters that prevent employers from terminating because of discrimination or retaliation. This would influence the reason for termination if you are receiving benefits.
A: In California, you cannot be fired because of the injury itself, as that would be a discriminatory act. However, if the circumstances that caused your injury were due to your own negligence at work that created an unsafe working environment or threatened to harm others, that could be used as justification for your termination.
A: While you are receiving workers’ compensation benefits, you should follow the advice of the medical professionals that are treating your injuries. They will help you understand and lay out a recovery plan. Their goal is to help you return to work. Anything you do that violates that plan, such as playing recreational sports with friends or exercising in a public gym, could violate those instructions, and your employer could terminate you.
A: If you are receiving workers’ compensation benefits, your employer must legally hold your job. This is so that, when your benefits are finished and you can return to work, you may do so. If your injury prevents you from returning to the same job, your employer must help you find an accommodating position.
If you have been injured on the job or feel you have been wrongfully terminated because of an injury you received on the job, you should know your options. Make sure you have an expert and knowledgeable attorney on your side who knows the workers’ compensation laws in California and can help you best understand your legal rights. At Kampf, Schiavone & Associates, our team is ready to fight for you. Contact us today.
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]]>The post What Are the Most Common Claims for Workers’ Compensation in Indio, California? appeared first on Kampf, Schiavone & Associates.
]]>When your muscles and joints are stressed, they can react in excruciatingly painful ways that are most associated with a strain or sprain. A sprain occurs when the stress on your ligaments stretches or tears them. A strain occurs when the stress tears or stretches your muscles. These types of injuries can last a couple of days, weeks, months, or even permanently.
There are many situations that can cause these types of injuries:
If you feel you are suffering from a strain or sprain, you should seek medical help right away to prevent further injury. In California, employers are required to provide access to prompt medical attention for employees who experience a strain or sprain.
Whether from moving papers, filing, or working with dangerous machinery, cuts and punctures can happen in almost any element of a job in all industries. These types of injuries can easily occur from improper handling of equipment or accidentally handling an office supply incorrectly. Cuts and punctures are quite common in the workplace, almost as common as a strain or sprain. Employees who work in industries such as construction, manufacturing, and retail are particularly susceptible to these types of workplace injuries.
Unlike strains and sprains, employers are not required by law to treat cuts and punctures. However, state law does dictate that employers must use funds from their workers’ compensation fund to help pay the expenses for employees who suffer more serious cuts or punctures. Without proper treatment, cuts and punctures can turn infectious, which can lead to a more permanent or serious injury.
Fractures are more severe workplace injuries as they result in the partial or total break of a bone in the body. If you are unfortunate enough to suffer this type of workplace injury, you could be out of work for weeks, months, or even years, depending on the severity of the fracture. Many employees who work in industries that require stocking heavy items or delivering large packages could be most prone to experiencing a fracture. In fact, they are among the groups that file the highest number of workers’ compensation claims.
In severe cases, the fracture could result in the employee suffering lasting pain that is triggered by certain jobs. In these cases, the injury, which could have a potential impact on a workers’ compensation settlement, could force the employee to retrain for their job or even change jobs.
Bruising is common both on and off the job. It may not seem too detrimental to performing a job, but a severe enough bruise could cause you to miss work for a couple of days. While medical treatment may not be required, it is still important to have it checked to be sure that there is not anything more severe.
If bruises are left untreated, they could cause damage to other organs, which could result in additional bruises. If you experience an injury at work that causes bruising, immediately inform your employer.
While these are a few of the more common types of injuries that could lead to a workers’ compensation claim, there are additional injuries that could lead to the same. These include:
A: There are many different types of injuries that can occur in the workplace and lead to a workers’ compensation claim. However, the most common are strains and sprains, bruises, and fractures. Not all workplace injuries are physically traumatic. Workers’ compensation claims can also be filed for immunodeficiencies that result from exposure to viruses or hazardous materials.
A: The average settlement for workers’ compensation in California ranges between $2,000 and $20,000. The type of medical coverage needed to treat the injury, the amount of time out of work, and any partial or permanent disability can play a factor in the amount of the settlement you receive.
A: Workers’ compensation claim payouts in California have no specific maximum. The payouts are calculated based on several factors, including the impact on your benefits, your medical expenses, and the salary you were receiving prior to the injury. Temporary or permanent disability also plays a factor in determining the payout you could receive.
A: The value of your workers’ compensation claim is variable depending on how your disability is determined. If, for example, you are given a temporary disability, you are eligible for payment for up to 104 weeks. However, with temporary disability, your payment is calculated based on a determinant of your salary. If you made more than $346.43 per week, you would receive two-thirds of it. Anything less, and you will receive a flat rate of $230.95 per week.
If you are injured on the job, it is important to receive legal consultation quickly. After receiving any medical treatment, discuss your situation with an expert workers’ compensation attorney to understand your options. At Kampf, Schiavone & Associates, our attorneys bring the expertise and knowledge to help you understand your workers’ compensation claim. Contact our offices today and let us help you get the compensation you may be entitled to.
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]]>The post What Should You Look for in a Workers’ Compensation Attorney in Pasadena, California? appeared first on Kampf, Schiavone & Associates.
]]>There are several things you need to know about workers’ compensation and finding an attorney that’s right for you.
Workers’ compensation insurance, often referred to as “workers’ comp” for short, is a form of insurance that businesses must provide in case their employees are injured at work or become sick because of their workplace environment. The benefits an injured or sick employee receives will depend on their unique situation. It can often include assistance such as help with medical treatments and bills, temporary or permanent disability benefits, lost wage payments, and more.
When it comes to finding an attorney you can trust, it can be difficult to know where to start. There are five qualities one should look for when finding an attorney that is best for you and your situation:
The first thing you want to look for when finding an attorney for your workplace injury case is experience with workers’ compensation cases. Most attorneys specialize in different areas, so you’ll want to find a lawyer who focuses on workers’ compensation and personal injury law. By hiring an attorney familiar with the legal aspects of workers’ comp, you can have some peace of mind that your attorney knows what they are doing and that your case will be taken care of correctly.
The reputation of your attorney plays a large part in whether you should trust them with your case. When looking for lawyers, always make sure to check out online reviews and overall client satisfaction. If the attorney you are looking at has a reputable image, treats their clients well, and has high customer satisfaction, then they can most likely help make the workers’ compensation process much easier on you. You should always try to avoid law firms that have a poor image or reputation.
After finding an attorney with a good reputation and a specialization in workers’ compensation, it always helps to research whether that attorney has experience with cases of your specific injury or illness. If they do, they will know the benefits and compensation you deserve, how to fight for it, and how to handle the legal processes to get you there.
Communication is a critical aspect of any attorney-client relationship. If you find that an attorney or law firm is slow to reply, will not answer all your questions, or does not seem to be interested in what you have to say, then they most likely will not be a good fit for your case. You want an attorney that not only cares about your situation but is proactive about helping you with it. Inquire about their preferred methods of communication, and if you meet them in person, do not be afraid to evaluate your personal connection with them after you leave. If you feel uncomfortable or like you and the attorney just did not connect, it might be in your best interest to find someone else. Because you are going to be working with your attorney for a long period of time, you want to find one that you can easily communicate with and feel comfortable around.
Working with a lawyer that has years of experience and a successful track record for cases like your own can help you immensely. When searching for an attorney that is best for you, make sure to try and research their success rates. If an attorney has a great reputation and a high success rate, they will most likely be able to get you the best possible outcome for your case.
A: In California, the data has shown that the average workers’ compensation settlement may be anywhere from $2,000 to $20,000. The amount that you will receive from your settlement will depend on your pre-tax wages, as the state will take two-thirds of that total to calculate your settlement amount.
A: The average percentage a workers’ compensation lawyer takes ranges from 9% to 12% of the total settlement, though sometimes it may increase to 15% or more if the case is complex. Before hiring an attorney, you should discuss their rates to ensure that you will have consistent representation for the duration of your case.
A: Settling a case can often take a long period of time, especially when there are conflicts between the parties. The average workers’ compensation case in California takes anywhere from 12 to 18 months to settle. Additional legal and medical complexities can lengthen this timeframe. Consulting an attorney will allow you to have an idea of how long your case may take to settle.
A: To determine your overall settlement, the state will take a variety of details into consideration, such as your injury or illness, its severity, if you are temporary or permanently disabled, and more. After evaluating your case, the state then takes two-thirds of your pretax wages to determine your total benefits.
From being unable to work to having to pay medical bills, the stress of a workplace injury can be overwhelming. Here at Kampf, Schiavone & Associates, we are dedicated to helping employees with their workers’ compensation cases across Pasadena. We know how complicated a workplace-related injury or illness can be, which is why we are passionate about working to get you the compensation that you deserve.
If you or a loved one were injured or became ill because of your work environment in Pasadena, do not wait to get the legal assistance you need. To learn more about how we may be able to help you, contact our team today.
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]]>The post How Much Is the Average Workers’ Comp Settlement in Palm Springs, California? appeared first on Kampf, Schiavone & Associates.
]]>If you were injured on the job and filed a claim for workers’ compensation benefits, you may be wondering what you are entitled to. To understand your benefits, you will need to have some background information on workers’ comp settlements in California.
All businesses that have at least one employee are legally required to provide workers’ compensation insurance for their employees. To be eligible for workers’ compensation from your employer or a third party in California, you must have been injured on the job due to one of your duties or normal job activities. Workers’ comp is also provided to employees who develop an illness that was caused by their environment at work. The exact benefits you qualify for will depend on your injury or illness type, how long you are unable to work, and more.
Your workers’ compensation settlement total will vary depending on your unique situation. The main factors that are used to determine your settlement include:
The type of injury or illness you are dealing with plays the largest role in your overall settlement. Generally, the more severe your injury or illness, the larger your settlement will be to assist you through the healing process. For example, if a worker receives a traumatic brain injury as a result of their duties, they may be entitled to permanent disability benefits and a large settlement to assist with their medical expenses and wage losses. Whether it was a slip-and-fall, a dangerous car accident, or something fell on you at work, the injury that you received from that accident will determine your workers’ compensation settlement.
Depending on your injury or illness, you may be unable to work for an extended period of time. When this occurs, workers’ compensation insurance is required to not only assist you with medical expenses and treatments but also provide help with wages that are lost while you cannot work. In California, your weekly and yearly wages are used to determine how much you are paid for lost wages. The state determines your weekly pay and then takes two-thirds of that to calculate how much you will receive each week from your claim. For example, if an employee makes $52,000 per week, this would amount to $1,000 per week. The settlement would be around $666.00, or two-thirds of the employee’s wages.
One of the biggest ways workers’ compensation provides assistance for injured employees is by covering their medical expenses. As an injured employee, you may have to go through many complicated procedures such as medical exams, doctor’s appointments, surgeries, and more. These medical aspects can also be very expensive. If you receive a serious injury at your job and are unable to work, your workers’ compensation insurance should provide you with lost wage payments and assistance with your bills.
Because California is such a big state with a multitude of jobs and employees, the average workers’ compensation settlement varies a great amount between each person that files. According to a study done on settlements in California, the average workers’ compensation settlement ranges between $2,000 and $20,000, as almost 60% of the people that file receive a settlement in that range. About 12% of settlements fell between $40,000 and $60,000, while only about 8% of cases were in the $60,000 to $100,000 range.
A: To determine your final settlement in a workers’ compensation case, the state takes multiple details into consideration, such as the type of injury or illness, the severity of it, how long an employee is unable to work, their previous wages, their medical expenses, and more. To calculate a payment for lost wages, the state will take two-thirds of your wages pre-tax to determine an amount that you can either accept or negotiate.
A: The maximum payout that can be received by workers is two-thirds of their pretax wages. The only way benefits may be higher is if an employee is receiving multiple kinds of insurance, such as disability and lost wages. Otherwise, for lost wages, you may only receive two-thirds of your previous pay.
A: In most cases, yes. If you are injured at work through no fault of your own, you should not have to pay for expensive surgeries out of your own pocket. Your workers’ compensation settlement should reflect the medical expenses you have had to take on, including any surgery that may be needed.
A: In California, the statute of limitations on workers’ compensation cases is one year. This means that, as long as you file your claim within a year of your injury taking place, you should still have a valid case. If you do not file your claim within this timeframe, you risk losing the compensation that you will need to recover from your injuries or support yourself and your family if you can no longer work.
A: Workers’ compensation insurance should cover all injuries that occur as a result of an employee’s job, whether it was a slip-and-fall or a car accident. Back injuries, broken bones, traumatic brain injuries, and more are all valid injuries for a workers’ comp claim. Consulting a workers’ compensation attorney can help you determine if your injury is covered.
From being unable to work to trying to keep up with bills and medical expenses, a workplace injury or illness can take a massive toll on your life. Here at Kampf, Schiavone & Associates, our team is passionate about helping injured and sick employees get the compensation that they deserve. By working with our attorneys, we can help you file a claim and get a settlement that can assist you properly. To learn more about our team of experienced attorneys, our services, or how we can help with your workers’ compensation case, contact us today.
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]]>The post Can You Work While on Workers’ Comp in Chino, California? appeared first on Kampf, Schiavone & Associates.
]]>Workers’ compensation generally provides two types of benefits to claimants. First, the injured worker can expect their employer’s workers’ compensation insurance carrier to cover all the medical treatment required to fully heal from their injury and manage their symptoms. Second, the insurance carrier can provide ongoing lost income benefits while the claimant cannot work. Usually, weekly disability benefits top out at two-thirds of the claimant’s average weekly income, but this can fluctuate in many ways based on the specifics of a claim.
When you must file a workers’ compensation claim, you should notify your supervisor of your injury as soon as possible and start the claim process as quickly as possible. Any delay could cast doubt on the legitimacy of your claim. Filing as soon as possible proves your need is both legitimate and urgent, and prompt action is more likely to result in success. However, every claim will involve unique details, and you may have more flexibility than you expect when it comes to the benefits you can receive.
The economic impact of a workplace injury can be severe, and the workers’ compensation system exists to provide relief from the financial problems that often follow a workplace injury. While the claimant can usually expect total compensation for all their medical needs, lost income is another matter. In California, disability benefits can be paid in a variety of ways:
When looking at the various ways workers’ compensation disability benefits may be paid, it’s natural to wonder if you can work while on workers’ comp in Chino, California. The simple answer is yes, it is possible to continue working while receiving workers’ compensation benefits.
However, you must meet conditions, and the amount you earn while working on workers’ comp can influence the amount you receive in benefits.
When you receive your benefits determination from your employer’s workers’ compensation insurance carrier, it’s vital to read the fine print carefully. The claim determination will likely include precise rules for continuing to receive your disability benefits. For example, if you are awarded partial disability benefits, the claim determination letter should include the terms and conditions to continue receiving these benefits if you intend to work.
Your employer may offer you alternative job duties that you can handle while you recover from your injury, or you may pursue a second job that is manageable with your condition. Whatever your case may entail, you must report your earnings if you continue to work while receiving workers’ compensation benefits.
It’s vital to choose alternative work that you can easily handle with your injury. For example, if you are considered disabled due to your injury and are caught working a job that you claimed to be unable to manage due to your injury, you could be charged with workers’ compensation fraud and face criminal prosecution. At the very least, you will be disqualified from receiving further benefits payments and may even be compelled to repay some of the benefits you received.
Many people who suffer injuries at work face very challenging circumstances that sometimes compel them to take unnecessary risks. Even when an injured worker has legitimate intentions, violating the terms of a workers’ compensation determination can have severe consequences. Read your claim determination carefully when it allows you to continue working while receiving your benefits. It’s a good idea to consult your employer to determine if there are alternative job duties you can perform that are suitable for your condition. Report everything you earn if you can make arrangements for alternative work, and be sure to update your employer about your medical progress.
A work injury can be a life-changing experience, and navigating the legal proceedings likely to follow your injury will be much easier with an experienced lawyer on your side. An experienced workers’ compensation attorney can help you file your claim, handle correspondence with the insurance carrier on your behalf, and help you determine whether you can take further legal action to enhance your overall recovery.
If you are concerned about earning income for your household while you receive workers’ compensation benefits and believe you can handle alternative work, your workers’ compensation attorney can provide valuable guidance to help you maximize your earnings while still maintaining your eligibility to receive workers’ compensation benefits and without raising any concerns regarding workers’ compensation fraud.
The attorneys at Kampf, Schiavone & Associateshave years of experience helping Chino, CA, clients navigate complex workers’ compensation claims. If you are unsure of your eligibility to work while receiving workers’ compensation benefits or have other legal questions about a recent workplace injury, contact us today and schedule a consultation with our team.
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]]>The post Can I Get Disability After a Workers’ Comp Settlement in Hesperia, California? appeared first on Kampf, Schiavone & Associates.
]]>A workers’ compensation settlement is a traditional agreement formed between you and your employer that resolves your workers’ compensation claim. This type of settlement is also known as a compromise and release. Once you have reached an agreement, the insurance company will pay you a lump sum of money, and in exchange, you will agree to release your employer from any future liability.
Many factors can affect the amount of your settlement, including the severity of your injuries, how long you have been out of work, and whether you are able to return to work in the future.
Disability benefits are formal financial support paid to people who cannot work because of a physical or mental condition. These benefits can come from various sources, including the government, private insurance, and employers.
To receive disability benefits, you must first prove that you have a condition that prevents you from working. You also need to show that you have tried to find work that accommodates your condition and have been unsuccessful.
Applying for disability benefits can be a long and complicated process, so it is important to understand all of the requirements before you begin.
The answer to this question depends on a few factors, including the type of injury you have and the terms of your settlement.
If you have a permanent disability that prevents you from working, you may be eligible for Social Security Disability Insurance (SSDI). To qualify for SSDI, you must have worked for a certain number of years and paid into Social Security. If you do not meet the requirements for SSDI, you may still be eligible for other types of disability benefits. These benefits are typically provided by private insurance companies or employers.
If you are unsure which benefit is right for you, it is important to speak with an experienced attorney who can help you understand your options. There are several different routes you can take after a workers’ compensation settlement, and the best option depends on your circumstances and the nature of your injuries.
After a workers’ compensation settlement and earning disability, your benefits may eventually end. The most common reason is that the SSA has determined that you are no longer disabled and can return to work.
There are a few different ways that the SSA can make this determination, including:
These are the most common reasons why disability benefits may come to an end. It is important to keep in mind that even if your benefits are terminated, you may still be eligible for other types of benefits, such as Social Security retirement benefits or other private insurance. An experienced attorney can help you process your options and make sure that you are taking the best possible course of action for your individual circumstances.
If you are receiving disability benefits, it is important to have an experienced disability attorney on your side. There are several different reasons why this is the case, including:
If you have questions about your disability benefits or if you are facing the termination of your workers’ compensation benefits and need to secure other financial support, Kampf, Schiavone & Associates can help. Our experienced and knowledgeable attorneys can help you understand your options and take the best possible action to get the money you need to support yourself and your family. Contact us today as the first step in getting the help you need.
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]]>The post How Does Workers’ Compensation Work in Loma Linda, CA? appeared first on Kampf, Schiavone & Associates.
]]>If you have been injured at work, it’s important to have some understanding of the workers’ compensation claim process and what you can expect from filing your claim. The claim process is often more difficult than many claimants expect, and numerous issues could potentially arise even in a seemingly straightforward claim.
California state law requires every employer to carry workers’ compensation insurance. This type of insurance works similarly to most other forms of insurance coverage. The policyholder pays a premium to maintain coverage, and the insurer provides coverage when a covered event occurs. Workers’ compensation insurance carriers typically determine premium rates based on the perceived level of risk. If an employer runs a relatively dangerous operation or works in a hazardous industry like construction or manufacturing, their workers’ compensation premiums may be quite high. Conversely, an employer that operates an office building is likely to have a relatively low premium since the perceived risk of employee injury would be considered minimal.
When an employee sustains an injury at work, they should notify their supervisor of the incident immediately and seek emergency medical treatment if necessary. The supervisor should provide the injured employee with the claim forms they will need for their workers’ compensation claim and supplemental materials, such as the list of approved physicians they can visit for examination after their injury. While an injured employee can see any available doctor in an emergency, they typically must see an approved workers’ compensation physician before filing their claim for benefits.
The workers’ compensation doctor will assign the injured employee a disability rating based on the severity of the injury. This rating will be a crucial factor in the workers’ compensation insurance carriers’ determination of benefits for the employee. Workers’ compensation generally covers all medical treatment a claimant requires and will pay disability benefits if the claimant is unable to work for an extended time due to their injury. The amount paid hinges on the severity of their disability and whether they can return to work.
The workers’ compensation insurance carriers in California award disability benefits based on several factors. The claimant’s disability rating plays a key role in these determinations, and the insurance company will want to determine the severity of the claimant’s injury and the likelihood of them experiencing long-term medical complications because of it. When a claimant qualifies for disability benefits, these benefits are awarded on a temporary or permanent basis.
Most claimants qualify for temporary disability benefits that last until they are able to return to work or for a maximum of 104 weeks. These benefits usually equal about two-thirds of the claimant’s average weekly wages during the year prior to their injury. Permanent disability benefits are typically reserved for severe injuries resulting in permanent disability. If a workplace injury is likely to prevent a claimant from ever returning to work, the workers’ compensation insurance carrier may offer permanent disability benefits or a large lump sum payment.
While the workers’ compensation claim process may seem simple enough, many claimants encounter unexpected difficulties in securing the benefits they deserve after workplace injuries. Some claimants make mistakes on their claim forms that lead to lengthy delays in the insurance companies’ processing of their claims. Other claims are unfairly rejected or denied on technicalities, prompting proceedings through the California Division of Workers’ Compensation. It is also possible for a claimant to have their workers’ compensation claim approved only to receive far less than they expected.
It is possible for a workplace injury to result in legal proceedings beyond the workers’ compensation claim process. For example, if a worker sustained an injury while working due to the actions of a third party who is not part of their workplace, they likely have grounds for a third-party personal injury claim against that party. For example, if an employee was running an errand for work and was hit by a drunk driver, they can file a workers’ compensation claim since they were injured on the job. However, they would also have the right to file against the impaired driver with a civil claim and seek compensation for damages that workers’ compensation won’t cover.
If you have been injured at work, it is technically possible to apply for workers’ compensation and secure the benefits you need without a lawyer. However, if you have been severely injured, managing your recovery and the legal steps necessary for your workers’ compensation claim at the same time can be incredibly challenging. Additionally, if you have reasons sufficient for legal action outside of the workers’ compensation system, it is best to have an attorney assist you with this.
Your legal representative can help you complete your claim forms and negotiate with insurance carriers on your behalf. If your case involves the California Division of Workers’ Compensation for any reason, your attorney can assist with these interactions as well. If your claim is unfairly denied or the workers’ compensation insurance carrier offers a low ball settlement, your attorney can help you address these issues and appeal your claim if necessary.
Ultimately, the workers’ compensation system in California aims to provide the financial assistance an injured worker needs after a workplace injury. While the process may seem straightforward in most cases, the reality is that many people encounter unexpected problems with their claims and need reliable legal counsel to navigate these situations successfully. If you are preparing to make a workers’ compensation claim in San Bernardino County, CA or believe you have the right to civil action beyond the workers’ compensation system, the right attorney is a valuable asset in these situations. Contact Kampf, Schiavone & Associates for a consultation and to learn more about the legal services we offer that can help you succeed with your workers’ compensation claim.
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]]>The post Do All Workers’ Comp Cases End in a Settlement in Yucaipa? appeared first on Kampf, Schiavone & Associates.
]]>Workers’ compensation claims happen in Yucaipa more often than you may think. It’s fairly easy for honest mistakes and accidents to occur on job sites of all kinds. This leads to injuries and workers’ comp claims. You do not have to work at a dangerous or exotic job to encounter a workers’ compensation claim.
Many people wonder if all of these cases end in a settlement. Though the majority of them do, some do not. This is because, though the benefits protect workers, there are limitations to them. A workplace may not need to pay a settlement under certain circumstances.
Workers’of all industries should understand the limitations of the workers’ compensation program. This knowledge may protect you in the future and ensure you know how to fight a workers’ compensation case if you ever need to.
Before we discuss what disqualifies an injury from workers’ compensation, it’s best to understand what qualifies as a workplace injury. You may think that it’s any injury that happens at a place of employment, but it’s much more nuanced than that.
To have a workplace injury that qualifies for workers’ compensation, it has to be work-related. Though this may be obvious, it actually eliminates a significant number of incidents from workers’ compensation settlements.
For an injury to be “work-related” and therefore qualify for workers’ compensation, the employee has to be following company rules and regulations. The specifics of these rules will vary from workplace to workplace. No matter what your specific workplace rules may be, they should have been made clear to you upon employment. Many workplaces do this by giving new employees a workplace handbook.
To clarify, you do not need to be directly doing your job; it’s possible to be injured while moving about your workplace and still qualify for workers’ compensation. For example, if you trip on the way to the bathroom and break your arm, youwould still qualify for workers’ compensation. Though you weren’t doing your job at the time, going to the restroom is within the scope of acceptable workplace behavior.
However, you may not qualify for a settlement if you are doing something at work that is not allowed by your workplace rules and basic safety guidelines. For example, if you and a work friend begin messing around with some equipment and get hurt, it’s unlikely that you’ll see a settlement. This is because you were not acting within the scope of workplace behaviors when you got hurt. Plus, there is likely a rule against unauthorized machine use in your employee handbook.
One key way that employers often get out of paying for workers’ compensation settlements is through drug and alcohol tests. Many require that employees submit to a drug test to receive a workers’ compensation settlement. If you fail, you are disqualified from receiving workers’ compensation settlements. A positive test will cause them to argue that you were under the influence while at work, which puts you out of the scope of your job. It also violates most employee handbooks. They’ll likely argue this whether or not you were actually intoxicated at work.
This becomes an issue with recreational marijuana. As many people know, marijuana stays in one’s system for a significant amount of time. This means that if you legally ingested cannabis over the weekend and then you’re injured on Monday and drug tested, you’ll likely fail. This could prevent you from receiving the settlement that you rightfully deserve.
This is just one of the reasons that it’s important to have an attorney on your side during a workers’ compensation situation. We can help defend you and ensure that you don’t lose your workers’ compensation settlement over a technicality such as this one.
If you end up with a workers’ compensation settlement, as many injured workers’ do, it’s important to know that yours will be unique. Even if your injury appears similar to someone else’s, you may receive a different settlement than they did. This is because all workers’ compensation settlements are tailored to the specific situation. Aspects of the settlement may include:
Many minor situations do not require vocational retraining or life pension payments, while more severe ones do. Death benefits only apply to situations in which an employee dies from their workplace injury. These benefits are paid to the employee’s family as compensation for burial expenses and lost income.
Obviously, not all workplace accidents end in death or even severe disability. The nuance in these cases is why you may not receive the same settlement as another worker or friend who was hurt at work. It truly depends on your situation.
The key to maximizing your settlement is having an attorney to help you navigate your situation. Without legal counsel, it’s easy to receive less than you truly deserve. In fact, it can be difficult to know what you are eligible for without an attorney’s help. What’s more, state and federal programs may help supplement a workers’ compensation settlement. These programs have strict guidelines, requirements, and deadlines. With the help of an attorney, you can be assured that you have access to all of the programs and funding for which you are eligible.
Our team at Kampf, Schiavone & Associates has decades of experience in Yucaipa workers’ compensation cases. We offer you the best chance at the settlement you need and deserve from your workplace injury.
For more information, please contact us online today.
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]]>Although the workers’ compensation system supports most employees after an emergency, it’s important to be able to prove a few different points before you can begin to collect your money. This can be confusing, especially when the situation seems straightforward to you or your employer disagrees with your version of events.
Fortunately, with high-powered legal help from Kampf, Schiavone & Associates on your side, you can easily navigate the workers’ compensation system and heal both your body and your bank account in no time.
To be eligible for workers’ compensation, you must prove certain criteria. This shows your employer’s insurance company that they are liable for the costs. To meet these criteria, you must prove:
In some circumstances, these are very easy to prove, and in others, it can be surprisingly difficult.
Medical records are often sufficient for the third point, but the other two can require you to collect evidence. Luckily, this is only applicable if your employer requests it—many reputable employers want to help you make ends meet and get back on the job and will not require lots of hard evidence to approve a workers’ compensation claim. Contact an attorney immediately if you believe your employer is denying you access to relevant evidence to stall or end your workers’ compensation claim.
One of the best ways to prove the points listed above is through video surveillance. Many workplaces have CCTV, which can be used to see exactly what happened to cause the injury. Your workplace can pull this footage if they need additional proof of what happened.
In some cases, video surveillance isn’t available, either because there aren’t surveillance cameras in the area or your employer can’t or won’t access them. In these situations, photos can help to prove your point. It’s a good idea to take several photos of any workplace injuries and the surrounding area as soon as an accident occurs. Snap a picture of any objects or equipment involved in the incident; there’s no such thing as too many photos for these cases.
Medical reports are effective for both proving that you’ve been hurt and determining how the injury occurred. This can help corroborate your account if there’s any doubt about what happened. Be sure you make copies of any documentation that you provide to your employer, along with any notes or prescriptions from your medical provider.
Your account of what happened will be carefully considered. However, it can help to have additional witnesses confirm the situation to your employer and their insurance company. Take note of anyone who’s nearby at the time of your accident and seek them out if there’s any issue confirming that you are eligible for workers’ compensation. If you have your phone on you, ask if they would be comfortable making their statement on video so that you can keep it handily stored with your photographic evidence. A second account can really help when there’s no video surveillance.
In some situations, your workplace time clock can provide additional information. Verifying you were clocked in at the time of the accident makes it more difficult to deny that the injury happened at work. Though this information alone is not sufficient to create a case, it can help a great deal when there’s a conflict relating to the timeline of events.
One of the key aspects of proving your workers’ compensation case is showing that you were following protocol when the injury occurred. This means that forworkers’ compensation to be awarded, you must have been doing your job and following workplace rules.
Some workplaces like to use this as a loophole to avoid workers’ compensation cases. Many times, they’ll try to claim that the worker was clocked out or not doing their job “correctly” when they got hurt. They may cite a minute detail from the employee handbook or attempt to otherwise claim that you were acting inappropriately and therefore ineligible for workers’ compensation.
A major tool that employers use in disproving workers’ compensation cases is drug testing. Most employers require a negative drug test to distribute workers’ compensation. Unfortunately, many people lose their benefits this way. This means that you can lose your workers’ compensation because of using recreational marijuana outside of work hours, for example, even though you weren’t on drugs when the incident occurred.
Drug testing is a flawed system, but workplaces frequently use it against their employees with great success. This results in innocent employees facing financial responsibility for their own medical bills and lost wages. The results can be devastating.
Some people believe that they can navigate this process without an attorney. Though this certainly sounds appealing to people facing budget limitations, it’s never a good idea. Situations arise where your employer may take advantage of your position or give you false information. In yet other scenarios, you may have a difficult time actually getting the payments that you were awarded. In a limited number of situations, you can press charges, including personal injury charges concurrent to your workers’ compensation case, against responsible third parties like coworkers or equipment manufacturers. Filingsuch suits successfully requires legal help.
An attorney can help you to navigate this complicated system and ensure that you have guidance while you file your claim. Remember, you will still be healing as this situation progresses, and stressing over its outcome only impedes your progress and makes recovery more difficult. With an attorney, you can feel confident that you have all the information and resources you need, and that someone is watching out for important deadlines and other details on your behalf.
Our team at Kampf, Schiavone & Associates is ready to help you with your workers’ compensation case. We understand the pressures of these cases becausewe’ve dedicated over 40 years to representing employees. We believe that employers must be responsible when a worker is injured under their care. This is why we do everything we can to make sure you receive your workers’ compensation settlement in the maximum possible amount and that you’re doing all you can to leverage any other legal tools applicable to your situation.
For more information on what Kampf, Schiavone & Associates can do for you, contact us.
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]]>If you have been injured at work or while performing work-related duties, review the information below to learn more about workers’ compensation and determine if you qualify to recover damages for your workplace injury. Then contact Kampf, Schiavone & Associates today to discuss your case. Our attorneys can protect your rights, help you prepare and file a claim, and resolve any potential disputes that may delay or otherwise impact your settlement.
The workers’ compensation system was established to provide equal protection for workers and employers. In exchange for surrendering their rights to pursue personal injury litigation against their employers, workers have access to a streamlined system for reporting their workplace injuries and obtaining financial assistance to cover medical expenses resulting from these injuries. In California, this system is “no-fault,” meaning workers do not have to demonstrate employer negligence to recover compensation, and they can still file a valid claim even if their own actions contributed to the injury.
Various injuries and illnesses can be grounds for a workers’ compensation claim, ranging from severe injuries caused by specific accidents to medical conditions that arise from repetitive stress, overexertion, or repeated exposure to hazardous substances. Injured workers can receive benefits by filing a valid claim according to the state’s workers’ compensation rules. The most immediate are medical expenses necessary for current and ongoing treatment of their injury. However, they may also receive permanent or temporary disability benefits if the injury causes them to miss more than three days of work or require hospitalization and supplemental job displacement benefits if they need vocational rehabilitation and training to reenter the workforce.
If you meet the following conditions, you qualify for workers’ compensation benefits:
In most cases, commuting to and from work are not work-related, except when:
After you file your claim with your employer, it is transferred to your employer’s insurance company for review and approval or denial. While investigating your claim, they must offer up to $10,000 worth of medical care to ensure you receive prompt and comprehensive treatment for your injury in the meantime. The insurance company must respond within 90 days after you file your claim to inform you of the results of their investigation. If you do not receive a denial letter during this time, this indicates they were unable to dispute your claim, and you are approved to recover benefits.
If you or a loved one sustained a workplace injury, Kampf, Schiavone & Associates can help you successfully navigate the workers’ compensation claims process. Although workers’ compensation is designed to protect your rights and offer fair compensation for any damages resulting from a workplace injury, having a worker’s compensation expert is crucial. Your employer’s insurance company may engage in any number of dishonest or manipulative tactics to minimize your injury or deny your claim. Our team has spent over 30 years representing injured workers in Barstow and throughout California, protecting their rights, helping them file their claims, and delivering the best results.
Our firm has the knowledge, experience, and litigation skills to ensure your claim is filed accurately and submitted within the statute of limitations. We can help you gather evidence that your injury was caused by your job, negotiate with your employer’s insurance company to reach the maximum settlement award, and fight back against unjust claim denials in court if necessary. With our help, you can recover the compensation you deserve to recover and regain financial stability after your injury. Contact Kampf, Schiavone & Associates today to schedule an initial consultation with our team.
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