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Anyone who sustains a work injury in Anaheim should be entitled to workers’ compensation benefits. Unfortunately, there are times when employers and insurance carriers push back against injured workers when it comes to paying out legitimate claims. At DiMarco | Araujo | Montevideo, our dedicated team is here to help if you need an Anaheim workers’ compensation attorney by your side. Our goal is to help ensure that you receive maximum compensation for your injuries. We know that you may also be eligible for greater compensation through a personal injury claim if a third party was responsible for the injury. Let us get to work immediately so we can get this process started.
Unfortunately, work injury claims in California can become complicated, particularly when there is a dispute over how the injury occurred or the amount of compensation that should be paid. Injured workers are often left on an uneven playing field when it comes to standing up to insurance carriers or their employers. An attorney will equalize this playing field.
A skilled workers’ comp attorney in Anaheim can:
Workers’ compensation is a right for nearly every employee in Anaheim and throughout the state. In California, state law requires employers to provide a safe place to work for all employees. The Occupational Safety and Health Administration (OSHA), as well as its state counterpart CAL/OSHA, establish minimum safety standards for workplace environments across all industries. While we understand that some workplaces are naturally more hazardous than others, any person can sustain an injury on the job.
Data provided by the Bureau of Labor Statistics (BLS) shows that there were approximately 2.8 million non-fatal workplace injuries or illnesses across the country during the latest reporting year. This data shows us that workplace injuries are going to occur, and these incidents have various causes.
That is why the workers’ compensation system in this state is considered a “no-fault” system. This means that an injured worker will be entitled to benefits regardless of how the injury occurred. Even if the injured worker caused the injury themselves, they will still be entitled to receive benefits through the state workers’ compensation system.
The Orange County workers’ compensation attorneys at DiMarco Araujo Montevideo have extensive experience helping clients who have sustained a range of types of workplace injuries or illnesses. This includes, but is not limited to, the following:
Our injured clients often sustain broken or dislocated bones, severe lacerations, traumatic brain injuries, spinal cord trauma, and more. Additionally, we know that some injuries occur over longer periods of time in the workplace, particularly repetitive motion injuries. We also know that many occupational illnesses such as respiratory disease, cardiovascular disease, and various types of cancers sometimes do not show up until years after a workplace exposure.
Workers’ compensation insurance in California is designed to cover a range of expenses that a worker may incur after they sustain an on-the-job injury. Our Anaheim workers’ compensation attorneys are regularly able to help clients recover compensation for the following:
The total amount of compensation available in these cases will vary depending on the facts and circumstances surrounding each particular work injury claim. In general, all medical bills will be covered, but the state does use complex formulas when working to determine how much to pay for more permanent injuries that have occurred. This often depends on the level of the disability that the injured worker has sustained.
There are two deadlines that work injury victims need to be aware of in these cases. First, any person who has developed an on-the-job injury or illness needs to report it to their employer within 30 days of becoming aware of the condition.
However, notifying an employer of a job-related injury or illness is not the same thing as filing the actual workers’ compensation claim. Work injury victims have one year from the date the injury occurs to file their claim, or they will lose the ability to recover the compensation they need.
Independent Contractors and Workers’ CompensationA major point of contention over the last few years in California has been the classification (or misclassification) of employees as independent contractors or freelancers. We saw this conflict come to a head with the passage of Assembly Bill 5 (AB 5), which said that a person can only be classified as an independent contractor if certain conditions are met. However, many employers purposely misclassified employees as independent contractors in order to get around paying certain benefits, including workers’ compensation.
If you are an independent contractor or freelancer and have sustained an on-the-job injury, you should speak to an attorney as soon as possible. A lawyer will examine your case and determine whether or not you have been misclassified. You may be entitled to workers’ compensation benefits and not even know it.
In the event your workers’ compensation claim in Anaheim is denied, then you need to begin the process of appealing the decision as soon as possible. You have the right to request a hearing before the Workers’ Comp Appeals Board (WCAB).
There is a fairly extensive process involved in a workers’ compensation denial appeal. A WCAB judge will determine whether or not the issue arose out of employment (AOE) or during the course of employment (COE) and then decide whether or not a priority conference is necessary. A judge can choose to allow an expedited conference so the issue can be resolved as quickly as possible.
The case may move forward to a pretrial conference where you and your attorney will attempt to resolve the issue (with the other party) of whether or not the claim should be denied or accepted.
Should the claim not be settled at a pretrial conference, the judge will set a date for trial. The judge may also set up a discovery plan where both sides will come up with evidence to determine the main issues in the case.
Regardless of the route taken to appeal your claim, it is crucial to have a skilled workers’ compensation attorney by your side helping you through this process. An attorney can handle every aspect of the appeal, including gathering the evidence needed and appearing before the judge.
There are various reasons why a workers’ compensation claim may be denied in Anaheim. In many cases, the insurance carrier or employer will have a legitimate reason to deny the claim. This could include the following:
If you or somebody you love has sustained an injury on the job in or around the Anaheim area, turn to the team at DiMarco | Araujo | Montevideo for help today. Our skilled injury lawyers in Orange County know that securing compensation for these claims can be challenging, and our goal is to ensure that you receive dedicated legal assistance while you stand up to insurers and employers.
We will use our resources to fully investigate your injury claim, negotiate with other parties involved, and help you receive the compensation you are entitled to. When you need an Anaheim workers’ compensation attorney, you can contact us for a free consultation by clicking here or calling us at (714) 783-2205.