Santa Clarita Workers’ Compensation Lawyers
Workers are a vital part of any business operation. That’s why California law requires nearly all employers to carry workers’ compensation insurance to protect workers if they are injured or develop an illness at work or because of their work tasks. When a worker is injured, after reporting the incident to their employer, they can file a workers’ comp claim that should cover the medical expenses and other expenses related to their injury or illness.
While California law requires employers to carry workers’ comp insurance for their protection and employees, not every employer or insurance company will be eager to cover an injured employee’s benefits. KCNS Law Group fights to protect workers’ rights to their workers’ comp benefits even when employers and their insurance aim to limit their payout. Work with experienced and dedicated Santa Clarita workers’ comp lawyers today by contacting KCNS Law Group.
How Long Do You Have to Report a Work-Related Injury in Santa Clarita?
In California, workers generally have 30 days to submit a written notice of their injury from the date of the incident or date of discovery. Workers must also file an official workers’ comp claim by filling out the employee’s portion of the claim form given to them by their employer and then returning it to their employer.
When Does the Clock Start Ticking?
The day the clock starts ticking is easy to discern when the injury results from a same-day accident. However, the start date can be more complicated to determine if the injury or illness has been developing over time, such as a repetitive stress injury or occupational disease. In these kinds of circumstances, the time period for reporting and filing a claim starts when both of the following occur:
- The first time a worker misses work or sees a doctor because of an injury or illness
- The worker knew or should have known that their work caused it
Within one working day of reporting an injury or illness, an employer should provide the worker with the comp claim form (Form DWC-1). If an employer doesn’t provide the form, it can be downloaded from California’s workers’ comp website.
What Workers’ Comp Benefits Are Available to Santa Clarita Workers?
Injured workers are eligible for the following benefits in the state of California.
Medical Treatment Cost
Workers’ comp covers any associated expenses related to medical treatment, including the cost of medical evaluations, treatments, surgeries, and other necessary medical expenses. California workers’ comp also reimburses travel for medical appointments.
Temporary Disability Payments
Workers’ comp covers time off that workers take because of their injury. Payments are made based on two-thirds of the workers’ average weekly income with state-mandated weekly maximums depending on the date of the injury. Workers can also be paid temporary disability payments for a maximum of two years after the date of injury unless they suffer from one of the following conditions:
- Hepatitis B or C
- HIV
- Amputation
- Severe burns
- Certain eye injuries
- Pulmonary fibrosis
- Chronic lung disease
Workers who suffer from any of these conditions are entitled to 240 weeks of temporary total disability payments.
Permanent Disability Payment
Permanent disability payments are made to workers whose injury affects their ability to return to their former job or participate in the job market. The amount paid depends on the permanent disability rating they receive, depending on the injury, the workers’ age, occupation, and restrictions assigned by a doctor. Depending on the disability rating, a worker may receive permanent disability payments anywhere from four weeks to 14 years.
Life Pension Payments
Workers who are severely disabled (70%-99% permanent disability rating) are eligible for life pension payments. This consists of small weekly payments in addition to the weekly permanent disability payments. These payments can be received for the rest of the worker’s life.
Vocational Retraining Cost
Supplemental job displacement benefits are available to workers who can no longer return to their former job and whose employer can not offer them an alternative or modified position. This benefit covers costs for education-related retraining at a state-approved institution.
Death Benefits
In the unfortunate event that an occupational accident or environment leads to a fatality, the spouse or dependents of the deceased are owed death benefits. This benefit can cover costs for funeral and burial expenses.
Working With a Santa Clarita Workers’ Comp Attorney
Working with an experienced and dedicated workers’ comp lawyer gives you a better chance of obtaining the benefits you deserve. A Santa Clarita workers’ compensation attorney can communicate with your employer and their workers’ comp insurance company on your behalf to ensure you have someone on your side throughout the entire process. A lawyer can help:
- Obtaining medical records
- Arranging and recommending treatment with a trusted physician
- Representing you when you’ve been requested to appear at a deposition
- Gather evidence to prove the extent of your injuries and related limitations
- Consulting expert witnesses to support your claim
- Negotiate settlement offers
- Represent you at the workers’ comp hearing or trial
Claim adjusters and workers’ compensation lawyers in Santa Clarita working for your employer’s insurance company aren’t operating with your best interest in mind. They won’t hesitate to reject your claim or offer lowball settlements that don’t even begin to cover the full value of your claim. This is why workers benefit from having an experienced workers’ comp attorney at their side. Your attorney prioritizes your best interest and can fight for you and your right to your workers’ comp benefits.
Santa Clarita Workers’ Compensation Lawyer at KCNS Law Group
People rely on their work to take care of themselves and their families. When a work-related injury prevents people from working and requires medical treatment, they can find themselves overwhelmed with sudden financial burdens on top of their daily responsibilities. A work-related injury can put a lot of stress on a worker, but that’s why they are eligible for workers’ comp benefits.
At KCNS Law Group, we fight for our client’s right to their benefits. We understand that a workplace injury or illness has domino effects that negatively impact your life. Our experienced team of Santa Clarita workers’ compensation attorneys has handled numerous workers’ comp claims and is determined to help you recover the benefits you deserve to help alleviate some of your stress and aid you in your recovery. Contact us today to schedule a consultation by calling (818) 937-9255 or completing our contact form.
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