Hesperia Workers' Compensation Lawyer
Workers’ compensation benefits can be a valuable lifeline to any injured worker in Hesperia, CA. While some industries are inherently dangerous and others are seemingly safe in terms of workplace injury risk, the reality is that anyone can suffer an unexpected injury at work that requires extensive medical care and prevents the victim from working. Workers’ compensation intends to provide support to workers in these situations but navigating the claim process isn’t always easy or straightforward.
If you have recently sustained an injury at work, it is natural to have lots of questions about your legal rights, the benefits you can expect, and how to best approach the workers’ compensation claim process. A Hesperia workers’ compensation attorney is an invaluable asset in this situation. Your legal representative can help you navigate the claim process, address any unforeseen issues that arise concerning your claim, and ultimately help you reach the best possible outcome.
The law firm of Kampf, Schiavone & Associates have years of experience representing clients in Hesperia and throughout San Bernardino County with their workers’ compensation claims, and we can apply this experience to your case.
Why You Need a Hesperia Workers’ Compensation Attorney
The workers’ compensation claim process can be more difficult to navigate than most claimants expect. If you believe you have grounds to file a workers’ compensation claim, it is a wise idea to consult an experienced attorney as you begin this process for the best chance of success. It may be technically possible to file your claim and secure your benefits without legal counsel, but it is likely to be much more challenging than you expect.
Your Hesperia workers’ compensation lawyer can provide valuable ongoing guidance throughout your claim process. They will assist you in completing all necessary claim forms and ensure you submit them properly. When unexpected problems arise regarding your claim, you will have accessible legal counsel ready to guide you through these issues. Some injured workers in Hesperia may have grounds for civil claims outside of the workers’ compensation system, and legal counsel will be crucial in these situations, as well.
Kampf, Schiavone & Associates provide client-focused legal counsel in every workers’ compensation case we accept. California’s workers’ compensation laws exist to protect employees who sustain injuries at work.No employee should experience illegal interference from an employer or an unfair denial from an insurance carrier. Your Hesperia workers’ compensation attorney can be an invaluable asset as you work toward securing the compensation you deserve after a workplace injury.
Most Commonly Filed Workers’ Compensation Claims in Hesperia, CA
Some industries are inherently more dangerous than others, such as construction, commercial logging, and manufacturing. Other industries may seem to pose little to no risk of injury, such as office or clerical work. The reality is that anyone can potentially sustain a life-changing injury on the job, even in a seemingly safe work environment. A few of the most commonly reported workplace injuries in California include:
- Traumatic brain injuries. Head injuries can occur from falls, falling objects, and various forms of negligence. These injuries can be life-threatening in some cases and are often difficult to treat. Victims of traumatic brain injuries often face uncertain recoveries, and some victims can experience unexpected onsets of symptoms weeks or months after their injuries occur.
- Bone fractures. Broken bones are relatively common injuries that often heal completely with immediate and appropriate care. However, some bone fractures can pose long-term complications to victims. Some fractures will require surgical treatment that can result in diminished mobility and reduced range of motion.
- Repetitive stress injuries. Many people perform the same manual tasks every day at work, and over time, this repetitive motion can strain the body parts they use the most. For example, herniated discs can gradually worsen from repeated lifting and carrying heavy objects. Carpal tunnel syndrome and arthritis can develop from daily typing and other work with the hands.
- Vehicle accidents. Many types of work require the use of vehicles or working around vehicles. Construction, commercial delivery, and transportation jobs can all pose a risk of injuries from accidents, and it is possible for these incidents to result in multiple injuries.
- Acquired illness. Some workplaces are hazardous, and some types of work require operating with or near hazardous substances. If an employee acquires any illness from work, such as cancer or a chronic respiratory illness, they typically have the right to file for workers’ compensation benefits.
- Mental illness. California offers expansive workers’ compensation protections to employees, and an employee has the right to seek compensation for any treatment they require for a mental health condition acquired by their job duties.
Every workers’ compensation claim is unique. If you are unsure whether you qualify to file a workers’ compensation claim in Hesperia, CA, it is essential to determine whether the injury occurred at work and/or while performing your job duties. If so, you have the right to file a claim for workers’ compensation benefits. If you are unsure whether your situation qualifies or need assistance with the process, it is important to contact an experienced Hesperia workers’ compensation attorney as soon as possible.
How to File Your Hesperia, CA
Workers’ Compensation Claim
The workers’ compensation claim process intends to be as straightforward as possible, but many injured workers encounter unexpected delays and other issues with their claims. An injured worker should report their injury to their employer as soon as possible, ideally immediately after the injury occurs. Any delay in reporting the injury could cause the workers’ compensation insurance carrier to doubt the legitimacy of the claim. The employer must provide the employee with the materials they need to file their claim, and the employer should also create a formal report of the incident for future reference.
The injured employee has the right to see any available doctor in an emergency situation, but they typically must see a doctor approved by their employer’s workers’ compensation insurance carrier as soon as their condition is stable. This physician will examine the employee and assign them a disability rating based on the severity of their injury and whether they are likely to experience long-term complications because of it. This disability rating plays a crucial role in the insurance carrier’s determination of benefits.
Like most other insurance companies, workers’ compensation insurance carriers tend to search for any and all justifications they can find to reduce or deny claims as much as possible. The insurance company must handle all claims in good faith and award benefits according to the terms of the policy in question.
Workers’ compensation will generally cover all the medical treatment an injured worker needs to fully recover from their injury and manage their symptoms. Additionally, workers’ compensation can award ongoing disability benefits if a workers’ injury prevents them from returning to work for an extended period. Disability benefits are typically paid at a rate of two-thirds of the claimant’s average weekly wages for up to 104 weeks. Once the employee reaches maximum medical improvement, benefits cease, and they must return to work. However, if an employee is left permanently disabled from their injury, they may qualify for permanent disability benefits or a large lump sum settlement from their employer’s insurance carrier.
Can I Sue Outside of the Workers’ Compensation System?
Workers’ compensation insurance typically insulates employers from civil liability for their employees’ workplace injuries. However, if an employer does not have workers’ compensation insurance, they would be liable for their employee’s damages and would also be in violation of California state law. In the event a third party causes a workplace injury to an employee, the injured employee not only has the right to file a workers’ compensation claim but may also file a civil claim against the third party. A third-party personal injury lawsuit can potentially yield compensation that isn’t available through the workers’ compensation system, such as noneconomic damages for pain and suffering.
It’s also possible to file a claim against an employer for retaliation against a legitimate workers’ compensation claim. Employers are legally prohibited from interfering with workers’ compensation claims in any way. They may not try to convince employees to refrain from filing claims, nor may they punish employees who file for workers’ compensation. If you are injured at work and your employer is uncooperative or hostile concerning your workers’ compensation claim, consult a Hesperia workers’ compensation attorney as soon as possible to determine your best options for legal recourse.
What Can Hesperia Workers’ Compensation Lawyer Do for Me?
Attempting to navigate the workers’ compensation claim process on your own while recovering from a serious injury would be very difficult. The right attorney can provide valuable legal guidance and ongoing support throughout this challenging process and increase your chances of securing appropriate compensation for your injury. Kampf, Schiavone & Associates have years of experience representing injured workers in Hesperia and throughout San Bernardino County, CA. We will help you complete the claim process as efficiently as possible, assist you in addressing unexpected challenges that arise concerning your claim, and help you maximize your recovery in any way we can. If you are struggling in the aftermath of a workplace injury in Hesperia, CA, we can help. Contact Kampf, Schiavone & Associates today and schedule your consultation with a reliable and compassionate Hesperia workers’ compensation attorney.