Palm Springs Workers' Compensation Lawyer
Workplace injuries are unfortunately all too common. If you were injured on the job or came down with an illness due to your workplace environment in Palm Springs, you are most likely entitled to workers’ compensation insurance. Being injured or sick and unable to work can be incredibly stressful, which is why having an attorney to help you through your case is critical. If you were injured on the job, do not wait to get the legal help you need and see how our attorneys can help you today.
Kampf, Schiavone & Associates: Palm Springs Workers’ Compensation Lawyers
From having to pay medical bills to feeling unsure of when you will be able to work again, a workplace-related injury or illness can quickly overwhelm your life. Here at Kampf, Schiavone & Associates, our team is committed to helping injured and sick employees across California who deserve compensation. With decades of experience shared between our attorneys and millions of dollars in settlements won for our clients, our clients trust that we can help them through even the toughest of cases.
What Is Workers’ Compensation in California?
Workers’ compensation, called workers’ comp by most, is a type of insurance provided by employers across the country. In California, every business with one or more employees must offer some form of workers’ compensation insurance in case accidents and injuries occur. Workers’ compensation insurance offers benefits to employees that suffer injuries on the job or become sick due to their workplace environment. Workers’ compensation claims differ from most personal injury claims because workplace injuries most often occur as a result of an employee’s job, not another person’s actions. Benefits can include assistance with medical bills, lost wage payments, temporary disability assistance, permanent disability assistance, job displacement benefits, and more.
How a Workers’ Compensation Attorney Can Help Your Case
Between the stress of trying to heal, figuring out your finances, and working through a legal case, a workplace injury or illness can make your life complicated. Luckily, hiring an experienced attorney can help make the process much easier. Some of the advantages that come along with working with one of our trusted workers’ compensation attorneys include:
- Negotiating Settlements: Your final settlement will depend on your injuries or illness, the expense of your treatment, how long you are unable to work, and more. Sometimes businesses or third parties that are liable for injuries may try to pay as little as possible when cases are filed against them. When this occurs, or you are offered what you feel to be an unfair amount, our lawyers can use their negotiation skills to try and find a compromise with a better offer for you.
- Ensure Your Case Is Handled Properly: Having an attorney that you can trust while going through a workers’ compensation case can make a massive difference. For example, if your employer refuses to report your injury or disagrees that you were hurt on the job, your attorney can represent your side of the story and take matters into their own hands. Our team of lawyers are experts in the field of workers’ compensation in California, and we know when a case is being handled improperly or a client is being mistreated. We can work to not only help you navigate through the different legal proceedings of your case, but also make sure that everything is taken care of correctly throughout it.
- Help Collect Evidence of Injury or Illness: There are a variety of legal details that must be taken care of first to file a workers’ compensation claim and receive benefits. Paperwork as well as evidence of your injury will be required to start a case. By working with an attorney, we can assist you in gathering and organizing the evidence needed to help you file a claim for workers’ compensation insurance. The date of your injury, your medical expenses, a doctor’s evaluation, and more will all be needed to file a case.
- Fight to Optimize Benefits Received: Hiring a workers’ compensation attorney can also give you a better chance of getting a higher settlement and increased benefits. Our team understands the stress you are under, especially when it comes to your finances, and will work to get you a settlement that helps you get through your injury. With our experience, negotiation skills, and dedication to our clients, we can fight to maximize the benefits you receive and ensure that you are taken care of.
How Do You File a Workers’ Compensation Claim in California?
To file a workers’ compensation claim for your injury or illness, you’ll need to follow these steps:
- Hire a Workers’ Compensation Attorney: While it is not always required to hire an attorney in a workers’ compensation case, having one on your side can make going through the legal aspects of your case much easier. By finding an attorney that you can trust, they can help you file a case and maximize the benefits you receive.
- Gather Evidence: Before filing your claim, you will need to gather evidence of your injury, when it occurred, the medical visits you have had since, and a diagnosis or exam of what is wrong. Before filing your claim, you will need to gather evidence of your injury.
- Fill Out the Correct Paperwork: After gathering evidence, you and your attorney can work together to fill out the correct paperwork that is needed for your claim. You will be required to fill out the “employee” section and then the form should be sent to your employer to finish. If you do not have your employer fill out the claim or you do not fill it out, you may lose your right to benefits from your injury.
When Should You Hire a Workers’ Compensation Attorney?
Many people are unsure of whether they need an attorney to get through their workers’ compensation case in Palm Springs. Here are some signs that hiring a workers’ compensation attorney may be best for you and your situation:
- Your employer is denying your claim: Unfortunately, employers often reject workers’ compensation claims in the hope of avoiding liability and paying for the expenses. If your employer rejected your workers’ compensation claim after an injury, you should seek help from an experienced attorney who can help make sure you are treated fairly.
- The settlement you are offered is unfair: If your settlement does not cover all your medical expenses or lost wages, then it is unfair. As an injured employee, the least you deserve are funds to make sure that you can heal properly. If you are dealing with an unfair settlement offer, do not wait to contact one of our lawyers to see how we can negotiate for you.
- A third party is liable for your injury: When a third party becomes involved in a workers’ compensation claim, the case can become more complex. Because of this, working with an attorney who is familiar with workers’ compensation claims and third-party liability is critical. If someone other than your employer contributed toward your injury, it is in your best interest to hire an attorney who can help make sure they are held accountable. In some cases, you may be able to sue outside of a workers’ compensation claim when applicable.
Q: How Much Is the Average Workers’ Compensation Settlement in California?
A: Every case’s settlement varies depending on the injury at hand and the wages that were being made by the employee. The average total of a workers’ compensation settlement in California ranges anywhere from $2,000 to $20,000 or more. These benefits may be temporary or permanent, depending on the severity of the injury.
Q: Does My Employer Have to Provide Workers’ Compensation Insurance?
A: Under California Labor Code Section 3700, every employer in California with one or more employees must provide some sort of workers’ compensation benefits in the event that their employees become injured or ill. If they do not, and you become injured, you may have grounds to file a claim against them.
Q: How Long Do I Have to File a Workers’ Compensation Claim in California?
A: The statute of limitations on workers’ compensation claims in California is one year. This means that you must file your claim within one year of your injury or illness taking place for it to become a valid case. If you do not file within this timeframe, you risk losing compensation that you will need to recover from your injuries.
Q: How Long Does It Take to Get a Workers’ Compensation Settlement Check in California?
A: After a settlement is made, you should begin receiving payments within 30 days of the final decision. If there are any delays, it should take no longer than 40 to 60 days. An experienced workers’ compensation attorney can help shorten this timeframe by ensuring that the paperwork is filed correctly and by convincingly representing you in court.
Injured at Work? Do Not Wait to File a Workers’ Compensation Claim
At Kampf, Schiavone & Associates, we have dedicated our practice to helping injured and ill individuals get the compensation they deserve. We believe that every employee injured on the job deserves benefits that can not only help them but sustain them through tough times until they are able to work again. If you were injured at work or became ill due to your workplace surroundings in Palm Springs, our team can help you file a strong workers’ compensation claim today. To learn more about our firm, our team of attorneys, and how we may be able to assist you, contact us for more information.