Upland
Workers’ Compensation Lawyer
Workers’ Compensation Attorney In Upland
When you are hurt in the workplace or develop an injury or illness over time, you can likely recover benefits from a workers’ compensation claim. This claim helps you recover the cost of medical bills and a portion of your lost income as you physically recover. When you work with an experienced Upland workers’ compensation lawyer, you are more likely to get the full financial support you deserve. With the help of an attorney, you can relax knowing your claim is in good hands.
Experienced Workers’ Compensation Attorneys With Kampf, Schiavone & Associates
When you have been injured at work, you need an experienced attorney to fight for you. For the past four decades, Kampf, Schiavone & Associates has fought for the rights and interests of employees and their families. We have secured workers’ compensation claims for many injured individuals, including verdicts and settlements from $3.1 million to $1.1 million.
Our firm understands how to navigate these claims, from complex to straightforward. One of our lead attorneys has prior experience in insurance adjustment, giving our firm a unique insight into the process of securing financial support through workers’ compensation insurance. We assess your injuries, determine the benefits you are entitled to, and negotiate with your workers’ compensation adjuster to secure a fair and full settlement. If you are starting the process, understanding how workers’ compensation claims are filed in California can be the first step to securing your benefits quickly.
Workplace Injuries in California and Upland
Injuries and illnesses in the workplace happen frequently from sources like toxic exposure, sudden accidents, and repetitive motion injuries. In California, there were 472,500 reported cases of nonfatal workplace injuries and illnesses in 2023, based on information gathered by the U.S. Bureau of Labor Statistics and the California Department of Industrial Relations.
Some injuries are more significant, leading to catastrophic and disabling injuries. The Occupational Safety and Health Administration reported 52 severe injuries in the workplace in the same year, including 47 hospitalizations. Three of these injuries were in San Bernardino County, including one in Barstow, one in Loma Linda, and one in Lake Arrowhead. Common claims—like those related to repetitive motion or hazardous exposure—can vary by region. For example, the most common claims for workers’ compensation in Indio, California may reflect broader state trends.
How Does Workers’ Compensation Work?
The workers’ compensation insurance system exists to protect both employers and employees. Employees are able to secure financial recovery even if no one was at fault for their injury, and employers are not held personally liable for most incidents on their worksite. However, the benefits in a workers’ compensation claim are also more limited compared to a fault-based personal injury claim. Employees can recover damages such as:
- Medical bills. Any necessary and reasonable medical bills associated directly with your injury should be included in your settlement. When your injury or illness requires medical treatment such as surgery, medication, a hospital stay, physical therapy, or medical devices, workers’ compensation insurance can cover these costs. You should seek medical attention at a medical facility like San Antonio Regional Hospital promptly after your injury.
- Lost wages. If you have to take time off from work for a short period of time because of your injury or illness, you can recover some lost wages. Typically, you recover a percentage of your usual earnings until you can return to work.
- Disability benefits. If your injury or illness impacts you for a longer period of time, and you either cannot return to work or can only work part-time, you could recover permanent disability benefits. These benefits provide you with a portion of the wages you can’t earn.
- Vocational rehabilitation. If you cannot return to your previous job but can still complete gainful employment in another field, workers’ compensation settlements can cover the cost of education or training in that field, as well as the costs of job placement assistance.
- Death benefits. The family members of an employee who dies as a result of their occupational injury or illness can recover certain benefits through the workers’ compensation insurance system. Death benefits may cover funeral and burial expenses and potentially provide other benefits. While this will never make up for the loss of a loved one, it can give families some much-needed support.
There are many types of workplace injuries, from slip and falls to vehicle accidents and exposure to hazardous chemicals. It is important that you find an Upland based attorney with the knowledge and resources to help you get the benefits you deserve.
FAQs
How Much Do Workers’ Comp Lawyers Charge in California?
Workers’ compensation lawyers in California charge a contingency fee, or a percentage of the final settlement, usually between 9% and 15%. The exact fee may vary depending on the attorney, their experience, and how complex your specific workers’ compensation case is. The fee must be approved by a workers’ compensation judge.
When an attorney charges a contingency fee, it means you don’t have any upfront attorney’s fees and only owe those fees if your case is successful.
Is Filing a Workers’ Comp Claim Worth It?
If you were injured while at work or completing off-site job duties, it is worth it to file a workers’ compensation claim. The workers’ compensation insurance system is meant to provide protection and stability for employees. You don’t have to prove fault, only that you were injured at work. A claim can recover the cost of medical treatment and partial wages. It is also helpful to work with an attorney, as you are more likely to recover maximum compensation with their help.
What Is the New Law for Workers’ Comp in California?
The most recent change to workers’ compensation law in California was implemented in 2023. It requires licensed contractors to carry workers’ compensation insurance, even if they don’t hire employees. This includes contractors with licenses for tree services, concrete, asbestos abatement, and heating, ventilation, and air conditioning. Like most employers, licensed contractors with employees must also carry workers’ compensation insurance.
What Should You Not Say to a Workers’ Comp Adjuster?
When you talk with a workers’ compensation adjuster, you should be truthful when discussing your injury or symptoms without exaggerating. Never agree to a recorded conversation, and never agree to any amount or decision without your attorney.
When you hire a workers’ compensation lawyer, they can talk with the workers’ compensation adjuster on your behalf or provide advice on what you should and should not say. They can fight for the compensation you deserve.
Hire a Workers’ Compensation Lawyer in Upland
While workers’ compensation exists to provide benefits to employees, it is often more difficult than it should be to recover those benefits. It is also harder to navigate these claims when you are dealing with a significant injury.
If your claim has been denied, don’t give up—see what you should do about a workers’ compensation claim denial and how our firm can help you pursue an appeal or further action.
When you work with Kampf, Schiavone & Associates, we can fight for you and represent your interests. You are more likely to get the full compensation you are entitled to with our experienced team. We are proud to help individuals and families throughout the Upland community. Contact our firm today.