Huntington Beach Workers’ Compensation Attorney

Every employee in the United States deserves to have a safe place to work. Employers are responsible for ensuring their employees’ safety by mitigating any potential risks or hazards. When that does not happen, you have the right to request compensation for your losses.

At DiMarco | Araujo | Montevideo, our Huntington Beach workers’ compensation lawyer can help you navigate your rights in recovering damages. There are numerous factors to consider about workers’ compensation law to know what your rights are.

Our attorneys can discuss your case with you during a free consultation.

How Workers’ Compensation Works

Most employers in the state must maintain workers’ compensation coverage for their employees. Employers must take every precaution to create a safe work environment and provide a means for employees to receive reimbursement if they are injured on the job.

The rules for safety are set by the Occupational Safety and Health Administration (OSHA), and states set minimum standards for workers’ compensation.

You do not have to prove that an employer was negligent and therefore caused your injuries to seek a workers’ compensation claim. Rather, if you are hurt at work, you need to document what occurred and file a claim with the workers’ compensation insurer.

By having this in place, workers can recover damages for medical bills and expenses as well as lost wages. However, workers’ compensation also means you cannot seek a lawsuit against your employer.

Under California laws, every employer in the state, even those with just one employee, must carry workers’ compensation insurance. This protects you from injuries that happen on the job and covers medical costs and, in some situations, lost wages.

Third Parties and Workers’ Compensation Claims

In some situations, your employer is not the only party to blame. There may be a third party that was responsible for what occurred, and they may be responsible for your injuries.

For example, if you are hurt in an electrical accident at work, and that incident occurred because of the poor work that an electrical contractor did recently, that contractor could be responsible for your losses. In those cases, you may be able to seek losses for medical bills, lost wages, and pain and suffering.

Your Huntington Beach workers’ compensation lawyer will work to gather details of your accident to determine if any other party could be to blame. If so, that could change your claim from a workers’ compensation claim to a personal injury claim. Our legal team can help you navigate that process with confidence.

Workers’ Compensation Benefits You May Be Owed

A person hurt at work has the right to seek compensation for their losses. The law provides you with the following benefits:

• Medical expense coverage, including coverage for all diagnostic visits, medications, treatment, and tests, along with any travel costs related to those losses
• Temporary disability benefits may be available if you are unable to work due to your injuries for a temporary period of time
• Permanent disability benefits if your injuries make it unlikely you will be able to recover and go back to the same job
• Death benefits if your loved one lost their life as a result of a fatal injury at work

For victims with serious injuries, having access to quality legal guidance is essential. You simply do not want to settle your claim if you are still struggling to recover.

When to Call a Workers’ Compensation Lawyer in Huntington Beach

There are various instances in which working with a workers’ compensation lawyer becomes necessary. Ideally, you do not have to do this. You get your bills together, file a claim, and the insurance company covers your costs.

More commonly, there are challenges along the way that make it impossible for you to easily get the compensation owed to you. That is when you need an attorney.

We encourage you to contact our Huntington Beach workers’ compensation attorney in the following situations:

• You filed a workers’ compensation claim and received a denial. While insurance companies can deny invalid claims, that should not occur when you are a victim.
• Your employer will not let you file a workers’ compensation claim. The more work-related accidents they have, the higher their fees for insurance coverage. However, it is your right to file that claim if you are hurt on the job.
• There are disputes over what caused the accident. In some cases, employers may try to blame you for the incident and, therefore, not pay you.
• You have permanent losses, including paralysis, amputations, loss of vision or hearing, or other catastrophic injuries that will not improve. Recovery of fair damages is more challenging in these situations.
• Multiple other parties are responsible for your injuries, even though they happened at work. For third-party claims, allow our legal team to pursue action for you.

Your attorney will become your advocate throughout this legal process, fighting for full and fair compensation to the letter of the law. If you do not receive proper treatment and access to care for your injury, do not wait to contact our lawyer.

Your Employer Cannot Retaliate Against You

If you are hurt at work, file the claim. Your employer is barred from taking any type of retaliatory action against you. That means they cannot fire you or otherwise discriminate against you for filing a workers’ compensation claim.

If you feel that your employer is treating you poorly or you have lost your job after filing a claim like this, we strongly recommend contacting our legal team for immediate help. Let us go to work, uncovering what happened and why, and we will help you build a claim to recover fair compensation if that is the case.

Schedule a Free Consultation with a Huntington Beach Workers’ Compensation Attorney Now

Put your trust in the over three decades of experience DiMarco | Araujo | Montevideo brings to every case we handle. Let our Huntington Beach workers’ compensation lawyer help you explore the legal options available to you and provide you with guidance on what your next legal steps are.

Call us today to schedule a free consultation.