Following a workplace injury, you should always consult an experienced Palmdale workplace injury attorney as soon as possible, to ensure that your legal rights are protected.
Your employer should offer workers’ compensation benefits, but the truth is that the insurance company will be more concerned with minimizing their own losses than making sure that you receive the compensation you are entitled to.
These providers will have expert legal teams at their disposal, each of whom will have extensive knowledge of the relevant area of California law, and the ways in which they may dispute your claim. By choosing to hire a Palmdale workplace injury attorney from Koszdin, Fields & Sherry, you can benefit from the same outstanding legal representation, this time with your best interests at heart.
What Are Workers’ Compensation Benefits?
Workers compensation benefits are intended to cover the expenses of all medical treatment required for you to achieve the maximum medical improvement from your workplace injury. This is defined as the point from which you are not likely to improve any further, even with extensive rehabilitation and other treatment.
You will also be entitled to compensation in lieu of your lost earnings while you recover, generally capped at two-thirds of your average weekly wage. In the event that you have been left permanently disabled by a workplace injury, your employer’s workers’ compensation scheme could cover a permanent disability payment, based on the percentage of disability as quoted by your doctor.
Should you fall victim to a fatal workplace injury, your surviving family members could be entitled to benefits as follows:
- Up to $10,000 funeral or burial expenses
- Up to $250,000 for a single dependant
- Up to $290,000 for two dependants
- Up to $320,000 for three dependants
Although there is no legal requirement for you to hire a Palmdale workplace injury lawyer, it is strongly recommended that you do so. Despite your employer is obliged to offer benefits following a workplace injury, it is highly likely that you will receive less than you are entitled to.
Similarly, if you have already had a worker’s compensation claim rejected by your employer or their insurers, hiring a Palmdale work accident attorney could secure you the benefits you are entitled to.
Who is Entitled to Workers Comp Benefits After a Workplace Injury in Palmdale?
Before you can begin collecting workers compensation benefits for a workplace injury in Palmdale, you will need to apply for benefits and have your claim approved by the insurance company. But it might surprise you to learn that not everyone is entitled to worker’s compensation benefits after a work accident. In fact, only when your injuries were caused within the scope of your job responsibilities can your claim for benefits be approved.
It does not necessarily matter how long you have been working with your employer or how many hours you work each week. What matters is that you are an employee and your injuries occurred on the job. With that being said, there are many things that could disqualify you from being awarded worker’s comp benefits in Palmdale.
If you were committing a crime, under the influence of drugs or alcohol, were in violation of your employer’s code of conduct, or intentionally harmed yourself in the hopes of collecting work comp, you can reasonably expect your claim to be denied.
Insurance companies regularly issue denials. But that does not mean they are all rightful. Wrongful insurance denials happen every day, and if you want access to the benefits that are rightfully yours, you need a workplace injury attorney in Palmdale by your side.
Workplace Injury in California – The Statistics
According to figures published by the State of California Department of Industrial Relations, a 2014 survey into occupational injuries and illness in the state revealed:
- 460,700 reportable non-fatal workplace injuries
- A clear majority of workplace injury occurs within the service industry, with fewest happening within the computer, engineering, and science roles
- The most common cause of workplace injury is overexertion, followed by contact with an object or equipment, and a slip or trip and fall
- The most common type of workplace injury is sprains, strains, and tears, followed by soreness and pain
Workplace injuries in Palmdale, and across California are not uncommon. Even seemingly minor injuries can wreak havoc on your life. Seek the benefits you need now before you wind up struggling with serious financial issues relating to your workplace injury.
How Long Do You Have to File a Palmdale Workplace Injury Claim?
If you suspect that you may be entitled to worker’s compensation benefits after a workplace injury in Palmdale, you need to act quickly. The statute of limitations for pursuing a worker’s compensation claim in the state of California is just one year. This means that if you attempt to file your claim and more than 365 days have passed, the insurance company will have no other choice but to dismiss your case.
You need access to your benefits way before that one-year statute of limitations expires. It is not uncommon for insurers to delay paying out on claims or deny them altogether. Do not make the mistake of waiting to get started on your claim. The sooner you get a work injury lawyer on your case, the sooner you could be awarded the benefits you need to get through this difficult time in your life.
Schedule Your Free Initial Consultation with a Palmdale Workplace Injury Attorney Today
The aftermath of a serious work injury can be just as difficult as the accident itself. When you need help getting the worker’s compensation benefits your family needs to continue surviving, you need a dedicated Palmdale workplace injury attorney by your side.
To ensure that you, and your family, receive the best possible outcome from your case, call Koszdin, Fields & Sherry at 800-747-3447 today for a free initial consultation. Or, you can complete our online contact form and get started on your work injury claim as soon as today.
