If you were hurt on the job, you might wonder whether you have the right to receive compensation under the workers’ compensation system in California. You may have incurred medical bills and had to take time off work. Having an experienced workers’ compensation attorney in your corner can help ensure that you understand your legal rights and the options available to you.
How Can a Workers’ Compensation Attorney in Long Beach Help?
While you’re not legally required to hire a workers’ compensation lawyer to help with your claim, doing so has many benefits. Workers’ compensation attorneys have an in-depth understanding of the law and how to apply it to your case. They can also help ensure you understand your legal rights and protect them throughout the lifespan of your case.
When you hire an experienced lawyer, they can help by:
- Investigating the accident
- Gathering and presenting evidence to support your claim.
- Helping report your work injury
- Preparing your legal claim
- Explaining your legal rights under California’s complex workers’ compensation system
- Proving why you are eligible for workers’ compensation benefits
- Identifying your benefit eligibility
- Negotiating with insurance providers to secure fair compensation
- Representing your legal interests in hearings or appeals, potentially before the Workers’ Compensation Board
We want to help you secure the benefits you deserve. Contact Belal Hamideh today for a free consultation to discuss your legal options.
What You Should Do After Having an Accident at Work?
If you’ve been injured on the job, the steps you take in the following minutes and days can significantly impact your physical recovery and your legal claim. While we hope you’re never hurt at work, being prepared can make all the difference.
- Ensure Your Immediate Safety:Before doing anything else, make sure you are safe and out of harm’s way. If the environment is still hazardous, move to a secure location to prevent further injury to yourself or your coworkers.
- Report the Incident to Your Employer: Even if you think your injury is minor, report it immediately. Under California law, you must notify your employer within 30 days of the injury or the discovery of a work-related illness. Reporting the incident promptly not only protects your right to benefits but also motivates your employer to implement stronger safety measures to protect others.
- Seek Medical Attention Right Away: Your health is the top priority. See a healthcare provider as quickly as possible and explicitly state that your injury is work-related. This ensures the medical provider creates the specific documentation required for a workers’ compensation case.
- Document the Situation Safely: If you are physically able to do so without risking further harm, gather evidence at the scene:
- Take photos of the hazard that caused the accident.
- Talk to witnesses and get their contact information.
- Keep a paper trail of all medical treatments and communications with your employer.
- File a Workers’ Compensation Claim (Form DWC-1): In California, you must officially file Form DWC-1 with your employer. They are legally required to provide this form to you once they are notified of your injury. Filing this form is what officially initiates the claims process.
- Consult a Workers’ Comp Attorney in Long Beach: While you have the right to handle your claim on your own, having a knowledgeable advocate like Belal Hamideh by your side ensures that all deadlines are met and that insurance companies don’t take advantage of your situation. Belal will fight to ensure you receive the maximum benefits you’re entitled to.
Common Challenges in Workers’ Compensation Claims
In California, employers are required to carry workers’ compensation insurance to protect their workforce. However, the system is not always straightforward. Many injured workers face challenges. Insurance companies often prioritize their bottom line and may deny or undervalue claims to save money. Some common issues include:
- Denied Claims: Insurance companies may deny claims for various reasons, such as disputing whether the injury is work-related or claiming the injury was not reported on time.
- Delayed Benefits: Even when a claim is approved, delays in receiving benefits can create financial strain for injured workers.
- Inadequate Settlement Offers: Insurance companies may offer settlements that do not fully cover the injured worker’s medical expenses or lost wages.
- Retaliation or Discrimination: Some employers may retaliate against employees who file workers’ compensation claims. This can include demotions, reduced hours, or even termination. A skilled lawyer can protect your rights and take legal action if necessary.
- Permanent Disability: If your injury results in permanent disability, you may be entitled to additional benefits. Calculating these benefits can be complicated, and having a lawyer ensures you receive the maximum compensation available.
As an experienced workers comp attorney in Long Beach, Belal understands these challenges and works to help clients overcome them.
Why You Need a Workers Compensation Lawyer
Having a workers’ compensation lawyer on your side gives you a better chance of receiving all of the compensation you deserve. The right workers’ compensation lawyer will aggressively negotiate with the insurance company, so as to win you as many benefits as possible. Many don’t realize it, but insurance companies are committed to paying those who are injured on the job as little as possible.
A workers compensation lawyer can put you in contact with medical providers, so as to help you to recover from your injuries without having to pay out of pocket. Additionally, a lawyer can collect effective medical evidence that shows what really happened, thus supporting your claim and even, if necessary, representing you at a workers’ compensation hearing.
What Can a Workers’ Comp Lawyer Get for Me?
If you are injured in an accident at work in California, you are entitled to compensation for your injuries. Specifically, you may be entitled to:
- A Future Medical Care Settlement. You’ll be able to pay for any medical expenses that should arise in the future from your injuries.
- Temporary Disability Benefits. If your doctor requested that you do not work or your current employer cannot provide appropriate accommodations according to work restrictions based on your injury, you could be given? of your average weekly earnings.
- Permanent Disability Settlement. If your disability impacts your ability to perform regular work duties or other jobs, you are entitled to money for lost future earnings.
- Rehabilitation Voucher. If your doctor finds that you have permanent work restrictions, you may be entitled to a voucher that could equal up to six thousand dollars.
- Reimbursement for Mileage Expenses. Should you require consistent transportation following an accident, you may be entitled to reimbursement.
Why You Should Choose Belal Hamideh
Belal Hamideh is an experienced workers’ compensation and Long Beach personal injury law firm. Some of the features that set our legal team apart from other attorneys include:
- We are local attorneys. We work in the local court system and are familiar with insurance adjusters and other lawyers who service the area. You can benefit from our unique insight.
- We are experienced. We have over 30 years of combined legal experience handling personal injury and workers’ compensation cases.
- We deliver results. Our workers’ compensation attorneys in Long Beach are dedicated to securing the highest compensation available for your injuries.
- We can connect you to the best doctors. If you need a second opinion or just want to know you’re receiving the best medical care, we’ve got you covered.
- We focus on our clients. We handle the complex legal issues so you can focus on your recovery.
- You pay nothing up front. Our contingency fee structure and the fact that we cover all initial expenses ensure that you are under no risk when you hire us for your legal counsel.
- We offer free consultations. We want you to make informed decisions, even if you ultimately decide not to go with us. We offer a free case review with no obligation to proceed with your case.
- We handle it all. From construction accidents and mass torts to motor vehicle accidents, we handle all types of cases. We can explain when you may have a case against a third party, in addition to your workers’ compensation claim.
Contact us today to take advantage of your free consultation.
Workers Comp Attorney Case Studies
($1,000,000.00)
we represented a client who sustained a head and spine injury after being injured working on an elevator shaft. We were able to help the client get medical treatment from a neurologist, orthopedic specialists, ENT doctors, and psychologists. Plus, we were also able to obtain temporary disability payments for our client for work that he was not able to attend. Our office aggressively pushed the case towards trial and ultimately recovered a seven-figure settlement for our client days before the trial began. In addition, we obtained a supplemental job-displacement voucher for our client so that he may be re-trained in a different field of work.
($400,000.00)
Our client suffered a heart attack on a Sunday when he was out of work. However, he claimed that the heart attack was due to the extreme stress and mistreatment perpetrated by his employer every day during work hours.
>The company’s workers’ compensation insurance denied the claim, alleging the heart attack happened outside of working hours and that the client’s family had a history of heart disease. Despite the odds, Belal H f years but eventually, our lawyer was able to prove that the heart attack was related to our client’s job. This allowed us to come to a final settlement of $400,000.00
How Long Can I Wait to File for Workers’ Compensation?
Workers’ compensation cases must be filed within one year of your work injury.
If it has been more than a year, you may still be able to file your case. No matter what, we will assist you in any way possible.
However, the sooner you hire a workers compensation attorney in California, the better. The other side does not wait, they get to work as quickly as possible. Additionally, the sooner you hire an attorney, the sooner you could receive the compensation that you deserve.
You have thirty days, from the accident, to tell your employer about any injury that you suffered. This is one more reason why it’s so important that you receive medical attention as soon as possible.
Common Workplace Injuries
Individuals may be injured on the job in various ways, including:
- Construction accidents
- Slips and falls
- Crane accidents
- Motor vehicle accidents
- Occupational illnesses
- Exposure to harmful chemicals
These and other workplace accidents can cause serious injuries, including:
- Neck and back injuries
- Traumatic brain injuries
- Crane accidents
- Shoulder and elbow injuries
- Broken bones
- Foot, knee, and ankle injuries
- Spinal cord injuries
- Repetitive motion injuries
- Hearing loss
- Burns
An experienced attorney can review your situation and determine legal options.
The Workers’ Compensation Claim Process
The workers’ compensation process in California involves several steps, including the following:
- Reporting the injury: Your legal claim begins by reporting your injury to your employer. You have a limited amount of time under California law to report such injuries to preserve your right to recover compensation.
- Filing workers’ compensation claim forms: If you provided a verbal notice to your employer, you will need to follow up by completing specific written forms
- Investigating the incident: The workers’ compensation insurance carrier investigates the accident and determines whether to accept or deny benefits.
- Appealing the decision: If your employer’s workers’ compensation provider denies your claim, you can appeal the decision.
An experienced lawyer can assist you with each of these steps.
Can I Choose My Own Doctor?
In California, employers are allowed to have a Medical Provider Network (MPN), and injured workers must initially choose one of the healthcare providers from this list. However, this arrangement can create a conflict, as injured workers may believe these doctors are acting in the best interests of the employer. If you are not satisfied with your medical treatment or it’s been 30 days since your injury, you can select a different doctor.
Types of Workers’ Compensation Benefits
In California, you may be able to receive various types of workers’ compensation benefits, including:
- Medical benefits: Workers’ compensation covers reasonable and necessary medical treatment associated with their work injury. This could include doctor’s visits, surgeries, physical rehabilitation, and medication.
- Death benefits: When an employee dies in a work-related accident or due to an occupational illness, eligible beneficiaries may be able to receive death benefits to help cover funeral expenses and make up for the decedent’s lost income.
- Supplemental job displacement benefits: Supplemental job displacement benefits (SJDB) or vocational rehabilitation benefits provide financial assistance to help employees pursue job retraining or educational opportunities if they cannot return to their former line of work.
- Temporary disability benefits: Temporary disability (TD) benefits are wage replacement benefits the employee receives while they are temporarily unable to work because of the workplace injury or illness. These benefits can only last up to 104 weeks within a five-year period and are equal to two-thirds of the employee’s average weekly earnings, subject to state maximums.
- Permanent disability benefits: Permanent disability (PD) benefits are available when the workplace injury or illness results in permanent impairment and compensate for the long-term impact of the loss of the employee’s earning capacity. These can be permanent partial disability benefits or permanent total disability benefits.
What Is My Workers’ Compensation Claim Worth?
Various factors can affect the potential value of workers’ claims, including:
- The type of injury you sustained
- The severity of the injury
- Whether the injury resulted in permanent disability
- Your age
- Your occupation
- Your earnings
- Whether you can complete light-duty work
- Your average weekly wages before the accident
Contact an attorney in Long Beach, CA, for a free case review to learn more about what you might be eligible for.
Can I Sue My Employer for My Workplace Injury?
Generally, you cannot sue your employer for injuries that occur on the job because workers’ compensation is a no-fault insurance system. Even if you contributed to your own accident on the job, you could be eligible for workers’ comp benefits.
However, it is possible that another party, such as the maker of a dangerous product, a general contractor, or a property owner, could have acted negligently in causing your injuries. Our personal injury law firm can handle these types of third-party claims to maximize your financial recovery.
What Should I Do If I am Injured at Work?
If you were injured on the job, take the following steps to protect your legal rights:
- Report the accident: Report your injury to your employer as soon as possible. You could be barred from recovering compensation if you don’t report your accident within 30 days, but any delay could harm your claim.
- Seek medical treatment: Go to the emergency room for emergency situations or to your employer’s chosen workers’ compensation doctor to receive medical treatment.
- Fill out the appropriate forms: Complete a DWC-1 claim form. Your employer is required by California law to provide you with this form within one working day of learning about your workplace injury.
- Cooperate with the investigation: Your employer will forward your completed form to their insurance company or claims administrator. The insurer may authorize the payment of medical treatment. The insurance company investigates the claim by reviewing medical records, gathering information about the accident, and asking the claimant for their version of events.
- Wait for the decision: Your employer’s workers’ compensation carrier has 90 days to decide whether or not to accept your claim.
- Contact an experienced attorney: Belal Hamideh can assist you with every aspect of the process, including any appeals. Call us today to request a free consultation.
Contact Our Experienced Workers’ Compensation Attorneys for a Free Case Review
At Belal Hamideh, we have a reputation for success. We can help file your claim and advocate for the maximum amount of compensation you deserve. If your workers’ comp claim is denied, we can assist you with the administrative process.
With over 30 years of experience, we have an in-depth understanding of workers’ compensation law. You can trust that we know how to capably handle every aspect of your claim, allowing you to focus on your recovery. Contact us today for a free consultation.