Orange County Workers Compensation Attorney

Workers Compensation Attorney In Orange County, CA

You may not know that workers’ compensation laws in California require employers to cover any injuries you suffer while on the job. Such injuries may result from a single incident or repeated exposure. Coverage includes medical care, disability, or death benefits.

A work-related injury may mean that you are no longer able to work or have lasting trauma from your injuries. When you receive injuries on the job in Southern California, you should have an Orange County workers’ compensation attorney to represent your case.

Whether you’re a construction worker injured by a falling object or you have a loved one who suffered a fatal accident, we at Khalil Law Group can represent you. We have experience representing clients in many different kinds of workers’ compensation cases. We will argue hard on your behalf to help you retain all the workers compensation benefits to which you are entitled.

Call us at Khalil Law Group in Orange County, CA, today for a free consultation about your personal injury case.

Common Workplace Injuries in Orange County, CA

As Orange County workers’ compensation lawyers, we at Khalil Law Group have the experience to represent your case in court or an out-of-court settlement. We often represent construction workers and other employees who work in exceptionally hazardous fields and are injured on the job.

Our workers’ comp attorneys have experience in several practice areas, commonly representing cases involving:

  • Slip-and-fall accidents
  • Motion injuries
  • Permanent or temporary disability
  • Car accident cases
  • Toxic substance exposure
  • Injuries from falling objects
  • Machine injuries
  • Strain and overexertion
  • Wrongful death

What Should I Do if I Sustain a Work-Related Injury?

As soon as you realize you’ve sustained a work injury, you must take the following steps:

1. Get medical treatment: Seek medical assistance as soon as the injury occurs. Delaying or refusing treatment can lead the insurance company to deny or reduce your benefits. It may even claim that your injuries are not severe enough to warrant workers’ comp benefits.

2. Notify your employer: California law requires all injured workers to tell their employers about their injuries as soon as possible. You must submit this notification in writing to receive workers’ compensation benefits.

3. File for workers compensation: Once you have reported your workplace injuries and received treatment, submit the DWC-1 Claim Form to your employer. Your employer should give you this form when you report your injury, as you must submit it along with other proof of your injury, like medical records. There is a section for the employee to complete. The employer will then fill out their portion before submitting it to the company’s insurance provider.

4. Contact an Orange County workers’ compensation lawyer: Workers’ compensation attorneys will help you navigate your case, so you can get the workers’ compensation benefits you need while you’re unable to work. Our attorneys can offer free consultations when you contact us by phone or through our website.

Our law practice has the resources and knowledge you need to reduce your stress while caring for your injuries.

How Long Do I Have to File a Workers Compensation Claim?

In California, you have 65 days to inform your employer of your injury in writing. However, if you developed an illness slowly or did not immediately show symptoms of a work-related injury, you have 30 days from the date you discover the illness or injury.

For example, suppose you were to develop carpal tunnel syndrome due to repetitive motion at work. In that case, you might not know right away that you have this problem. Carpal tunnel develops over time, so you likely cannot determine a start date for your condition. After you receive medical treatment and a diagnosis, you must then inform your employer within 30 days.

You can file workers’ compensation claims within one year after the date of your work injury. You must complete the DWC-1 Claim Form and submit it to your employer, who will submit it to the insurance provider.

Although you have a window of time to submit the workers compensation claim, you should file as early as possible so you will not risk missing the deadline. If you do miss the deadline, you may still be eligible for benefits through the workers’ comp system if:

  • You have notified or previously complained to your employer about your injury, and they did not take action
  • Another employee informed your employer of your injury or illness

Workers’ compensation attorneys can help you defend yourself in personal injury cases if your employer tries to deny you benefits. Our workers’ compensation lawyers have secured compensation for many clients, and we can do the same for you.

Workers' Compensation Benefits and Statistics

California provides workers’ compensation benefits to approximately 800,000 employees each year. Temporary and permanent disability benefits comprise about 90% of California claims, which are often more complex than those in other states. Most workers receive injuries to their back, knee, hands, fingers, or multiple areas on their bodies.

When you get injured at work, your employer’s insurance company should be able to give you benefits that cover:

  • Lost wages
  • Medical bills
  • Temporary or permanent disability
  • Physical therapy

Your employer’s insurance provider will review your claim. Still, you should get an Orange County workers’ compensation lawyer to review your case. Having your workers’ compensation case analyzed by an attorney can increase the benefits you receive for your injury and ensure that you receive fair compensation.

The insurance company typically protects the employer, not injured workers. With an Orange County workers’ comp attorney on your side, we can determine how to represent your case to focus on your compensation and recovery.

California Workers' Compensation Laws

Workers’ comp is a type of liability insurance designed to protect your employer from employees who might sue them if they sustain a work-related injury. According to employment law in the state of California, all employers must have workers’ compensation insurance.

Workers’ compensation law states that you are entitled to compensation for medical treatment costs, permanent and temporary disability, life pension, death benefits, and vocational retraining costs if necessary. If your benefits do not cover all your injury costs, you may also be able to file a separate personal injury claim against your employer.

Talk to a workers’ compensation lawyer to determine whether you can file a lawsuit to get the compensation you deserve. At Khalil Law Group, we offer a free consultation when our workers’ compensation lawyers will give you guidance regarding California law and workers’ compensation claim processes and share our knowledge of our practice areas pertaining to your claim.

How Does Workers' Compensation Insurance Work?

If you sustain an injury at work in Orange County, California, you must follow the claims process through your employer. Your employer is required to provide you with all the necessary forms. However, you must also submit other paperwork, which may include:

  • Medical reports
  • Incident reports
  • Gravity forms
  • Death certificate (if a survivor)

The insurance company will then determine your eligibility for workers’ comp benefits. Worker compensation attorneys can help ensure that you get fair compensation for your injuries. Not all insurance companies will offer you the amount you deserve right away, so you need someone who knows how to negotiate with them.

At Khalil Law Group, we know California law, and we will work hard to achieve justice and ensure that you get all possible benefits for your workplace injury.

Can Employees Face Retaliation from Employers for a Workers' Compensation Claim?

If your employer tries to prevent you from reporting your workplace injury, filing a workers’ comp claim, or collecting benefits, they are violating California law. Firing an employee as a result of their claim also qualifies as wrongful termination.

Your California workers’ compensation lawyer at our law firm knows the procedures employers must follow when their employees become injured at work, as well as what they cannot do. Our lawyers will do everything possible to prevent you from facing illegal repercussions from your employer.

Work with an Orange County Workers' Compensation Attorney

At Khalil Law Group, we have the experience to represent your workers’ compensation case and defend your rights, recover lost wages, and get you the medical attention that you need. Our law offices have represented clients across Southern California.

We commit to serving our clients to the best of our abilities. Please call us today at (714) 617-7870 or contact an attorney on our website for a free consultation.

Workers' Compensation FAQs

What is the role of a Workers' Compensation Attorney?

A Workers’ Compensation Attorney represents and assists injured workers in obtaining the benefits and compensation they’re entitled to after sustaining work-related injuries or illnesses. They guide clients through the complex legal process, handle negotiations, and advocate for them in hearings or appeals if necessary.

Why should someone hire a Workers' Compensation Attorney?

Hiring an attorney can help ensure that you receive the maximum benefits you’re entitled to. They can assist in navigating the intricate claims process, challenging denials, and providing representation if the case goes to a hearing.

Are there specific industries where workers' compensation claims are more prevalent?

While workers’ compensation claims can arise in any industry, they are more prevalent in sectors like construction, manufacturing, transportation, and healthcare due to the higher physical risks involved.

How are workers' compensation amounts determined?

Compensation amounts are typically based on the severity of the injury, the estimated recovery time, any permanent disability, and the injured worker’s wages prior to the injury.

What if my claim gets denied?

If your claim is denied, you have the right to appeal the decision. It’s advisable to consult with a Workers’ Compensation Attorney to guide you through the appeals process and improve your chances of a favorable outcome.

Are there any costs up front when hiring a Workers' Compensation Attorney?

Most Workers’ Compensation Attorneys operate on a contingency fee basis, meaning they only get paid if they win your case. Any fees would then be a percentage of the compensation awarded.

Can independent contractors file for workers' compensation?

Typically, independent contractors are not eligible for workers’ compensation. However, there are cases where employers misclassify employees as independent contractors. If you believe you’ve been misclassified, consult an attorney.

How does a pre-existing condition affect my workers' compensation claim?

A pre-existing condition won’t disqualify you from claiming benefits, but you’ll need to prove that your workplace incident aggravated or worsened that condition.

If I'm injured at a company event or outing, can I still file a claim?

Yes, if the event or outing was mandatory or if it was implied that attendance was expected, injuries sustained can be covered under workers’ compensation.

What if I'm partly at fault for my work-related injury?

California operates under a no-fault system for workers’ compensation, meaning that even if you were partially at fault, you might still be eligible for benefits.

Can I choose my own doctor for treatment?

Initially, your employer or their insurance company may have a say in which doctor you see. However, after a certain period, you might have the right to switch to a doctor of your choice.

What's the difference between temporary and permanent disability in workers' compensation?

Temporary disability provides benefits while you’re recovering, but expected to return to work. Permanent disability provides benefits if the injury permanently affects your ability to work.

If my injury happens during a commute to or from work, am I covered?

Generally, injuries sustained during a commute are not covered by workers’ compensation, but there are exceptions, like if you were driving a company vehicle or on a work-related task.

What types of injuries are not covered under workers' compensation?

Injuries that result from intentional self-harm, those sustained while committing a serious crime, or while under the influence of drugs or alcohol may not be covered.

Can I file a personal injury lawsuit and a workers' compensation claim for the same incident?

Workers’ compensation typically bars employees from suing their employers. However, if a third party (someone other than your employer or co-worker) was responsible for the injury, you might be able to file both a personal injury lawsuit against that party and a workers’ compensation claim.

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