Workers’ Compensation Lawyer in Apple Valley
The California workers’ compensation system is designed to protect workers who get hurt on the job. In most cases, that is exactly what it does — it provides benefits to injured workers as required by state law.
But sometimes, employers and workers’ compensation insurers try to get away with withholding benefits from injured employees. For employers and insurers, this amounts to a few saved bucks. For injured workers, this can ruin their lives.
That’s why so many on-the-job injury victims call in the help of a workers’ compensation lawyer. Your lawyer can help you hold your employer and the workers’ compensation insurer accountable so you get every cent you are owed.
For help with your case, reach out to The Law Offices of Joshua Moody to speak with an Apple Valley workers’ compensation lawyer.
Qualifying for Workers’ Compensation in California
The criteria to receive workers’ compensation benefits in California are, for the most part, simple:
- You have to have been injured on the job.
- You have to notify your employer and file a workers’ compensation claim.
Essentially, that’s it. No matter what your employer or the insurer might say, fault does not matter in California workers’ compensation cases. We have a no-fault system, which means your employer does not have to be at fault in order for you to receive workers’ compensation benefits. The injury just has to have happened during the course of your work. In turn, you give up the right to sue your employer for work injuries (in most cases). If you believe you qualify, please call our offices to speak with a workers’ compensation lawyer today.
Types of Workplace Injuries
Nearly any injury you suffer while doing your job should be covered. That means you are likely eligible for California workers’ compensation benefits if you suffered any of the following injuries at work, among others:
- Sprains and strains
- Repetitive motion injuries
- Neck, back, and shoulder injuries
- Broken and fractured bones
- Chemical or electrical burns
- Crushing injuries
- Falls from ladders or other heights
- Illnesses due to your work environment
Your Apple Valley workers’ compensation lawyer can help you determine the best way forward in seeking compensation for your unique workplace injury.
California Workers’ Compensation Benefits
You’ve been injured at work and know you are eligible for workers’ comp. But what, exactly, are you eligible for? In California, workers’ compensation insurers are required to provide several important benefits to those who have been hurt at work:
Your workers’ compensation medical benefits must fully cover all medical bills related to your workplace injury. This includes appointments, prescriptions, surgeries, physical therapy, and more.
Keep in mind that many employers have set up medical provider networks. In some cases, this means you must use doctors within this network unless you were allowed to choose a different doctor you would like to use beforehand.
In all cases, workers’ compensation doctors are required to follow state-sanctioned best practices for the treatments they give you unless they get approval beforehand.
Temporary disability benefits are meant to cover your lost income while you recover from your work injury. Generally, temporary disability pays two-thirds of your lost income, but there are weekly disability maximums that the state of California changes every year.
You can receive two types of temporary disability benefits in California:
- Temporary partial disability (TPD). If you can handle some hours at work but not all of the hours you normally would, TPD would apply.
- Temporary total disability (TTD). If you temporarily can’t work at all because of your injury, TTD applies.
Some workplace injuries have permanent effects. Permanent disability benefits cover any income you lose because of this long-term injury.
Payments for permanent disability vary. They depend on how severe your impairment is and how much you earned before your injury. But even if you are able to go back to work, you can still receive permanent disability benefits if you have lasting effects from your injury that impeded your ability to earn money.
Your workers’ compensation lawyer in Apple Valley can help you understand how much permanent disability compensation you are owed.
Supplemental Job Displacement
Getting hurt on the job can alter the course of your career. Even after you partially recover from your injury, you may still be unable to do the job you did before. This is when the supplemental job displacement benefits kick in.
This California workers’ compensation benefit helps you pay for retraining so you can enter a new field for work. Depending on the severity of your injury, the supplemental job displacement voucher you receive could be worth up to $10,000 for use on job education, vocational counseling, a new computer, and similar expenses.
When someone dies because of a work injury in California, their workers’ compensation benefits may extend to their surviving family members. The death benefits families are eligible to receive typically continue until the youngest minor’s 18th birthday.
As of 2021, death benefit limits are $250,000 for one dependent, $290,000 for two dependents, and $320,000 for three dependents. Burial expenses will also be covered for up to $10,000.
How to Appeal a Workers’ Compensation Denial
Sadly, insurers deny workers’ compensation claims frequently in California. If your claim has been denied, it is easy to feel like there is no hope. But our state has laws in place that allow you to fight a claim denial.
To appeal a workers’ compensation denial, you have to fill out an application for adjudication of the claim. This will bring your case in front of the local Workers’ Compensation Appeals Board. You will also need to submit several other documents to file your appeal. You can find detailed instructions here.
Your case will likely be brought forward for a settlement conference, where you and the insurer or your employer will attempt to settle your claim. If settlement efforts fail, your case will likely proceed to trial. You will need to compile legal paperwork related to your claim and provide the names of the witnesses you want to testify at the trial.
If all of that sounds stressful, you are not alone. Most people who have been seriously injured at work do not have the time or energy to take on an entire trial by themselves. An Apple Valley workers’ compensation lawyer can help you file the strongest appeal possible and represent you fiercely in court.
Contact an Apple Valley Workers’ Compensation Lawyer
If you have been injured on the job in California, you don’t just need workers’ compensation benefits to keep your head above water — you deserve them under the law. Should anyone try to stand between you and the workers’ compensation benefits you are owed, an Apple Valley workers’ compensation lawyer at The Law Office of Joshua Moody is here to help.
To schedule a consultation with a workers’ compensation lawyer today, give our firm a call at (760) 867-3300 or fill out our online contact form.