When to hire a workers’ compensation lawyer?
If you need help or help for an accident at work or in a matter of workers’ compensation, the lawyers of Lluis Law can help you in whatever you need. Whatever your needs in workers’ compensation, Lluis Law’s expert lawyers have more than 40 years of experience representing workers in the Los Angeles area.
In general, the time is when a worker is injured and their employer or insurance company refuses to recognize their labor rights to receive compensation and treat their injuries. There are damages for injuries that with a simple claim can be recovered by the worker, but there are other cases in which the severity of the injuries and the nature of the accident can complicate everything and need a lawyer to solve it.
The workers’ compensation lawyer is tasked with guaranteeing that all of your labor rights and compensation benefits will be protected. It is possible that the worker decides to personally take an action for civil liability against an employer or a third person responsible.
In that case, he must pay for the medical treatment out of his own pocket while trying to recover physical and financial damages by representing himself before the insurance company or in a court, which is something really complicated and not recommended.
Can a worker represent himself for a work accident without major problem?
If nothing prevents it, in fact there are many cases in which the worker would not need legal assistance because:
- The compensation claim is for a minor cut injury in the company or a fall with bruises.
- The accident does not merit special medical treatment.
- The employer is aware that the accident occurred at work.
- There is no pre-existing condition that could generate controversy about the cause of the injury.
However, there are accidents that seem simple and situations in which the medical treatment is developed without any problem, but at some point an inconvenience arises because the treatment stopped, the benefits were cut or the worker was suddenly fired from his job unjustifiably because of the injuries.
There, too, the help of a personal injury lawyer is key to properly filing a claim or pursuing a claim for damages.
What is not advisable is to represent yourself in a dispute with the insurance company, because the chances of winning are slim. In a case against the insurance provider, the worker must confront lawyers of the insurance company who know their trade and will not hesitate to leave without compensation benefits.
How much can a workers’ compensation lawyer do in my case?
The workers’ compensation lawyer guides and represents you through the whole process of recovery of damages, either in a claim or in a tort claim. So that after an accident with injuries, one of the first actions of the worker should be to contact a specialist lawyer to advise on the next steps to be taken.
It is not advisable to let a lot of time go by, because in California there is a Statute of Limitations that establishes a deadline for filing claims to the employer for 30 days. If within that time the worker does not make the proper notification, the employer may dismiss the request.
Until the worker officially notifies the employer of injuries sustained in the workplace, he will not be entitled to claim compensation. Any claim to recover compensation benefits must be made within two years after the date of the injury, because otherwise the action prescribes.
The personal injury lawyer takes into account all these deadlines to prepare the case, fill out and submit the claim forms correctly, obtain the medical reports and calculate the recoverable damages. The worker cannot leave in the hands of the insurance company or his doctors the evaluation of the injuries, less still the procedures or the calculation of compensation benefits, because his claim will become dust.
A good workers’ compensation lawyer needs to make their own estimate of the case in order to properly evaluate the offer presented by the insurance company. By having an estimate of the dollar value of the case, the lawyer can also present a counteroffer on behalf of the worker until a satisfactory agreement is reached.
When to hire a California workers’ compensation lawyer?
It is crucial in claims or lawsuits for personal injuries in work accidents, to know when to hire an expert lawyer. Obtaining compensation benefits will also depend on this important decision, because the longer the search for legal aid takes the chances of winning a case will be reduced.
Here are some lines on specific times to hire a workers’ compensation lawyer:
- At the time of presenting a claim for compensation to the worker, immediately after suffering the injury at work. In this way, it is guaranteed that from the beginning each one of the steps in the process of obtaining compensation will be done correctly.
- When the employer or the insurance company dismisses or denies a workers’ compensation claim. The employer can also partially or totally accept the benefits requested. For example: the payment of medical expenses but not the payment of lost wages or the payment of all medical bills and also the lost wages.
- If the employer accepts the claim temporarily for 90 days, because he is not sure about the relationship of the injuries with work and while he finds out benefits are offered to the worker. At any time during this period, the insurance company may suspend benefits and demand reimbursement of expenses if it discovers fraud.
- When the claim is rejected because there is not enough evidence to support the argument that the injury occurred in the workplace.
- The employer interrupts or attempts to modify workers’ compensation benefits. This can occur through the issuance of medical evaluations in which a vocational expert hired by the insurance company, indicates that the worker is already recovered from injuries and ready to return to work, although this is not the case.
- If a third person was involved or was responsible for the work injury. When this happens the worker may have the right to claim additional damages to the benefits granted by the employer. Even the worker may be eligible to obtain other benefits such as disability through Social Security.
In any of these situations, an accident lawyer in the workplace will tip the scales in your favor making the claim process easier and guaranteeing the defense of the worker’s rights. You just need to know how to choose the right lawyer for your credentials, experience and good name to represent you.
If you need help from a work accident lawyer for the purposes mentioned above, do not hesitate to contact us for a free consultation. Our attorneys are available to guide you in your claim or claim for damages. Do not hesitate to contact us for a free consultation. Our telephone number is (213) 320-0777.
Address: 205 South Broadway, Suite 1000 Los Angeles, CA 90012. Tel: (213) 687-4412 Fax: (213) 687-3441.