A Santa Ana Workers Compensation Attorney For You

All employers in the state of California are required to purchase workers’ compensation insurance coverage for all employees. This includes not only full-time employees, but part-time employees as well. When you experience an injury or illness due to an accident, incident, or condition that you encountered on the job or when performing job-related tasks, you are generally entitled to compensation.

The compensation comes in the form of medical coverage and other economic benefits and is generally awarded on a no-fault basis through the workers’ compensation plan held by your employer. Collecting the compensation that you deserve requires that you file a claim with the insurance provider of your employer. If your employer is actively breaking the law by not carrying workers’ compensation insurance, you can still file a claim and collect benefits through the Uninsured Employers Benefit Trust Fund.

To determine what your rights and options are after experiencing long-term, life-altering injuries due to your workplace injury, an experienced and dedicated Santa Ana workers compensation attorney from the Law Offices of Benjamin Arsenian is standing by to answer any questions you might have to help get started on your claim.

Workers Compensation Laws in California

As explained by the California Department of Industrial Relations (CA DIR), employers are required by law to carry worker’s compensation insurance. The purpose of this insurance is to pay for your benefits if you are hurt on the job by the following:

A single event at work that causes injury – examples provided by the CA DIR include a back injury as a result of a fall, a burn from skin exposure to chemicals, or being injured in a motor vehicle accident while performing job duties
Repeated exposures on the job that result in injury or illness – examples provided by the CA DIR include hiring your hand, back, or other part of your body due to performing the same motion over and over again, or the loss of hearing due to ongoing exposure to noise

Workers’ compensation also covers some stress-related, or psychological, injuries that are caused by your job. In some instances, workers’ compensation does not cover an injury that is reported to an employer after the employee is notified that they will be terminated or laid off.

The Types of Benefits Workers’ Compensation Provides

As detailed by the CA DIR, the benefits that you can receive through workers’ compensation coverage include the following:

Medical care – You will generally receive medical care paid for by your employer to help you recover from an injury or illness that was caused by work. This coverage includes doctor visits as well as treatment services, medicines, tests, equipment, and travel costs that are reasonably necessary to provide treatment for your injury.
Temporary disability benefits – You are eligible to receive payments if your injury causes you to lose wages because it prevents you from doing your regular work during your period of recovery.
Permanent disability benefits – If you do not fully recover from your injury and experience a permanent loss of physical or mental function that is measurable by a doctor, you could receive permanent disability benefits. The amount of benefits that you are eligible for depends upon the extent of your disability and its impact on your ability to function.
Supplemental job displacement benefit – This benefit is a voucher to help pay for retraining or the enhancement of your skills, if you are eligible for permanent disability benefits, your employer doesn’t offer you work, and you do not return to work for your employer. There are some limitations in terms of employment periods and years that you’ll need to take into account when applying for this benefit.
Death benefits – When a worker dies as a result of injuries or illness on the job, their spouse, children, and other dependents may be eligible for death benefits. These benefits will generally cover related medical expenses, and provide some economic compensation for the lost financial contribution of their lost loved one.

For help gathering the evidence you need to prove your damages and collect what you deserve, connect with a Santa Ana workers’ compensation attorney from the Law Offices of Benjamin Arsenian.

Your Employer Generally Gets to Choose Your Doctor

Under California law, in order to receive treatment from your regular doctor, it is necessary that you “predesignate” your personal physical or a particular medical group. To do this, you must inform your employer in writing, before you are injured, of the name and address of your personal physician or medical group. When you have effectively predesignated, then you are able to see your preferred medical professional or group immediately after you are injured.

When you have no predesignated, you may be required to receive initial care through your employer’s designated healthcare professional or group. Working with a Santa Ana workers’ compensation attorney can help determine when you have the right to receive additional opinions to support your claim, or treatment from your preferred medical provider.

Reporting Your Injury or Illness to Your Employer is Essential

As noted by the CA DIR, if you fail to report your illness or injury to your employer within 30 days of learning of it, you could lose the right to receive workers’ compensation benefits for that injury. When you do not meet certain deadlines required by law, you and your family may be left to cover the bills associated with your injuries out of your household budget.

It is important to know that emergency treatment is allowed when necessary. You should immediately seek out emergency medical treatment when needed, and inform the medical staff providing treatment that your injury was job-related. It is also important to also report your injury and where you are receiving treatment to your employer.

Key Facts About Workers’ Compensation in California

Following are key facts about your rights when you are injured on the job in California:

You have a right to receive benefits no matter who was at fault for your on-the-job injury
In most cases, you cannot sue your employer for the same damages, although in some instances you can
Your employer must pay for your medical care if you are hurt on the job, whether or not time is missed from work
It is illegal for you to be fired or punished for having a job injury, or for requesting workers’ compensation benefits when you believe that your injury was caused by your job

Knowing what your rights are requires knowledge of how the law applies to your unique situation, and an attorney is especially helpful to ensure that you receive what you are entitled to.

Why Hire an Experienced Santa Ana Workers Compensation Attorney?

If you automatically received the full value of the compensation you are entitled to following your workplace injury, there would be no need to file an application. However, that is not the case, and you must meet certain reporting requirements to remain eligible. Additionally, you need to collect sufficient evidence to prove your short- and long-term medical costs, lost wages and earnings potential, and other factors linked to your injuries. This evidence can be used to support your claim, and if the amount you are awarded is not enough to cover your costs, we can help.

Your local Santa Ana workers’ comp lawyer performs the following key functions in support of your case:

Gathers medical evidence by helping you schedule appointments with our network of experts
Helping to apply your medical conditions to your ability to work by consulting with occupational experts, helping to determine what disability benefits you may be eligible for
Filling your insurance claim in a timely manner with the appropriate insurance company
Negotiating your claim with the insurance company to ensure that you receive the full compensation that you are entitled to for your injuries
Appealing any denials that you might receive
Depending upon the circumstances, taking the insurance company to court on your behalf

Working with an attorney while you are trying to recover from your workplace injuries provides you with support through the process. It can be difficult to determine the deadlines you need to meet and the process you need to follow to begin collecting compensation as soon as possible. With our assistance, you’ll be able to make the most of your claim and start collecting it sooner than later.

Discuss Your Workplace Injury with a Santa Ana Workers Compensation Attorney

The sooner you reach out to an attorney, the sooner you and your family can focus on adapting to your injuries, while we take over the workers’ compensation claims process. Your initial case review is risk-free and cost-free. To get started with your initial consultation with a Santa Ana workers’ compensation attorney from the Law Offices of Benjamin Arsenian, give us a call at 714-400-2000, or contact us to schedule your initial consultation.