Hemet Work Comp Attorney

Suffering an injury in your workplace can be frustrating and painful, and it can cause a lot of financial strain. The workers’ compensation process can help protect you after an injury in Hemet, CA. Unfortunately, handling this process while recovering, dealing with your injury, and getting hit with medical bills can be nearly impossible. Your Hemet workplace injury may be a sudden injury caused by an accident, or it may be a medical condition or sickness you developed thanks to your job.

Whatever your workplace injury is, you may have the right to file for benefits through a workers’ compensation claim. Working with a Hemet work comp attorney can make the process of filing a claim faster, less stressful, and more likely to succeed.

Kampf, Schiavone & Associates: Why Choose Us?

At Kampf, Schiavone & Associates, we are committed to providing you with reliable legal representation. We have decades of experience and have won many settlements for clients like you. We strive to advocate for our clients’ rights and guide them through the process of filing, dealing with denials and appeals, and determining when litigation is your best option. Employees deserve a safe work environment, and our attorneys want to use our experience to provide you with the compensation you deserve for being injured.

Understanding the Process of Workers’ Compensation

By California law, all employers must have workers’ compensation insurance. It provides benefits such as disability benefits or job displacement benefits for employees injured at work or who become ill or develop a health condition because of their work environment. The insurance provides compensation for lost wages, medical bills, or other damages.

Unlike personal injury claims, which happen because of someone else’s negligence, workers’ compensation claims are generally the result of your job duties. Workers’ comp claims also directly involve your employer in the claim.

How Do You File a Workers’ Comp Claim?

Whether you have a progressing medical condition, illness, or sudden injury, you should follow these steps to file a workers’ compensation claim:

• Hire a workers’ compensation lawyer. Though not a requirement for filing, hiring an attorney can help you get through complex filing procedures much easier and maximize the amount of compensation you receive.
• Collect evidence. This includes statements from you, your employer, coworkers who may have witnessed the event of injury or who suffer a similar workplace illness, and medical evidence of your condition, injury, or disability. This should be done before filing a claim, and your workers’ compensation attorney can help you determine what information and documents you need to gather.
• Filing the paperwork. With the evidence at hand, you will file the employee section of the paperwork and have your employer fill out the employer section. You should keep copies of the form. If you or your employer fail to fill out the paperwork, you may not receive your compensation or benefits.

Why Do I Need a Workers’ Comp Attorney?

Sustaining a workplace injury will likely have you juggling recovery and healing, loss of income, medical bills, other financial issues, and dealing with a legal claim. It can be very stressful, which is not helpful when you’re attempting to recover. Making mistakes with your filing can also cost you time and money.

A workers’ compensation lawyer can make the process faster and handle the complex legwork for you. Working with our attorneys comes with advantages such as:

• Ensuring your case is done correctly. Some employers choose to deny your injury or illness, claim that it was caused by outside factors, or blame you for the injury you sustained. An attorney can advocate for your interests and tell your side of things. It is illegal for your employer to interfere with a workers’ compensation claim, and if you are receiving retaliation, your attorney can defend your rights.
• Effective negotiation for settlements. Unfortunately, employers or their insurance companies often try to settle for as little amount as possible, and this is often much less than you deserve. When you file a claim and receive a lowball proposed settlement, your workers’ comp attorney can negotiate a better deal for you.
• Maximizing your benefits. When you work with an attorney, you are more likely to receive higher settlements and better benefits. Our attorneys use dedication and experience to cover your monetary needs and provide you with the best benefits possible for your claim.

If your claim can’t be settled or you have to deal with negative actions from your employer, it will be useful to already have an attorney on your side. The experienced attorneys at Kampf, Schiavone & Associates can represent you through every step of the process.

When Should I Hire a Workers’ Comp Lawyer?

The sooner you hire a workers’ compensation attorney in the process of filing for a workplace injury, the better. This gives the attorney ample time to prepare your claim, gather evidence, and avoid common mistakes in the filing process. Other reasons to have legal representation include:

• You are offered an unfair or lowball settlement. The settlement should cover all your lost wages and medical expenses at a minimum. If it doesn’t, you need to negotiate further. This is much less stressful with assistance from a lawyer.
• Your employer is trying to avoid liability. They may deny your injury or the cause of your injury and reject your workers’ compensation claim. An attorney can fight against this unfair treatment.
• A third party is responsible for your injury. A claim becomes more complicated when someone other than your employer was partially the cause of your injury. In some cases, it’s in your interests to file a personal injury claim instead, or in addition to a workers’ compensation claim. A workers’ comp attorney can help you determine the best path forward.

How Do I Counter a Workers’ Comp Settlement?

When you receive the first offer for a workers’ compensation settlement, you might not want to accept this offer immediately. Early in the claim, you may not even know the full impact of your injuries. They may affect you for many more years than you expect, and settling would likely mean you lose the right to claim damages for future medical bills.

Negotiation is best handled by a workers’ compensation attorney, and it could take anywhere from a few weeks to a few months before the insurance company and your attorney reach a fair agreement. Your settlement should cover the weeks you were and will be unable to work, out-of-pocket costs, wage benefits, and past and future medical costs.

How Much Do Workers’ Comp Lawyers Charge in California?

Most workers’ compensation cases in California are done on a contingency fee. This means no out-of-pocket fees for you. Instead, your attorney will take a percentage of your settlement. If you don’t receive a settlement, you don’t pay anything. California law assigns a settlement percentage fee of 9% to 15% depending on how complex your case was.

What Is the Average Work Comp Settlement in California?

The amount you’ll see in compensation depends on the injury you sustained, your pay, and how long you are unable to work. You may see temporary or permanent benefits, depending on how serious your injury is. The total compensation that employees receive may be anywhere from $2,000 to $20,000, or even greater.

Types of Workers’ Comp Benefits

Your injury could be from a sudden accident and include fractures, broken bones, burns, or lacerations. Alternatively, chronic injuries from repetitive movement could cause conditions such as carpal tunnel or other strains. Depending on your industry and injury, you could qualify for one or multiple benefits for workers’ compensation claims. These include:

• Medical treatment coverage. This includes several medical costs if they are associated with the injury, including surgery, hospital stays, prescriptions, transportation, and more.
• Temporary disability payments. If you are unable to work for a short period due to your injury or illness, these benefits will provide for you and your family until you can begin working. These payments are around ¾ of your weekly wages and can last up to two years for some injuries.
• Permanent disability payments. If your workplace injury caused you permanent disability, leaving you unable to ever work at the job again, you could receive these benefits. Permanent disability payments could last from a few weeks to up to 14 years.
• Life pension payments. If you have been severely disabled, you may receive these benefits for the rest of your life, in addition to other disability payments.
• Vocational retraining. An injury may prevent you from completing a job you were trained for but doesn’t prevent you from other work. In this case, vocational retraining benefits will cover education or training needed for a new job, with a cap of $6,000.
• Death benefits. This can be collected by family members who have lost a loved one due to a workplace injury or illness.

Hire a Workers’ Comp Attorney Today

When you work with the experts at Kampf, Schiavone & Associates, we can walk you through all the steps in a workers’ compensation claim and potentially get you more benefits. Contact us today to begin reviewing your claim.