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The Workers Compensation Case Process

Workers Compensation Center in Roseville

Federal law states that, when an employee becomes the victim of a serious injury or is sickened at work, they’re entitled to receive compensation until they’re able to return to their job. On top of federal regulations, each state has its own rules and procedures when it comes to workers comp cases, and these can be confusing for a “layperson” to navigate. For those that need assistance, there are attorneys that not only specialize in this area of the law but do not take any compensation for themselves until the case is successfully resolved.

Given these facts, it’s easy to see why a recent study conducted by Lawyers.com found that nearly 3/4 of all workers injured on the job in California enlisted the help of an attorney to assist them through the workers compensation process. No matter how good of a relationship one has with their employer when an employee files a claim, they’re applying for reimbursement from their employer’s insurance company. And, insurance carriers are profit-driven companies who are looking out for their own interests. Therefore, it’s recommended that the injured party do some research to find out who the best workers comp attorneys are in their area.

Gathering the facts

At Gold Country Workers Comp Center, our motto is “document, document, document.” We strive to record any and all worker’s compensation case facts. No detail is too small or insignificant, and it’s important to make note of them as close to the date and time that the injury occurred as possible. This is because cases can go to court months or even years after the incident occurs, so it’s critical to record everything when it’s still fresh in people’s minds.

It’s well known that people’s memories can be unreliable over time, so it’s vital to take written statements from all witnesses directly after the incident. There are also other ways to corroborate the injured party’s accounting of the facts. Nowadays, many office buildings are equipped with video cameras that may provide recorded evidence.

Taking action

The workers compensation case process can move slowly, which is agonizing for someone who is disabled and waiting to receive income for lost wages. That’s why it’s advisable to contact a workers comp attorney who can take the helm and move things along while the injured employee is recovering.

If you’re wondering if and when to call an attorney, feel free to contact the compassionate and experienced staff at Gold Country Workers Comp Center for a free consultation. We have expertise working with the insurance companies and will work vigorously to make sure you’re compensated fairly.

The Workers Compensation Case Process

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Why You Shouldn’t Use a Template for Lost Wages

Workers’ Compensation and Disability in Roseville

In the state of California, all employers with one or more employees are required to carry workers compensation insurance. If you’ve suffered an injury or illness while on the job, you’re entitled to be reimbursed for income lost during the time that the you were unable to work. After getting a medical release from your doctor and submitting notice to your employer regarding the injury or illness, you can discuss collecting wages from missed work.

At this stage in the process, your employer or another party may encourage you to calculate this amount using pre-written lost wages letter templates. We recommend that you do not use one of these forms when submitting a workers comp claim because there is often more to the story than lost wages alone. For example, the fact that you’re unable to work might cause you to lose out on a bonus or a promotion to a higher paying position or commission on a sale. Since these are factors that often are overlooked by the employer’s workman’s compensation insurance carrier, you’re best off enlisting the help of an experienced workers comp lawyer.

The folks at Gold Country Worker’s Comp Center have spent years building expertise in this area of the law, and can help you calculate all of the potential income you’ve lost as a result of your injury or illness.

The letter to your employer should say…

When you’re the victim of an injury or illness while on the job, you need to take immediate action. See a doctor as soon as possible, and have him or her clearly define, in writing, exactly the extent of your injuries, along with how long you will most likely be off of work as a result. Submit notification, along with your doctor’s note, to your employer right away because the process of recovering compensation takes time. Again, avoid using a lost wages letter template at this stage of the process.

All a template is designed to do is simply take your hourly rate and multiply it times the number of hours you will be out of work. However, an experienced attorney’s next steps would include careful consideration of every bit of potential income, like the items listed above and others such as pension benefits and fringe benefits, that you may lose out on because you’re unable to perform your job.

Consult with a legal expert

Dealing with workers compensation insurers is not an easy business. Their goal is to pay out the minimum required by law. The attorneys at Gold Country Workers Comp Center understand this, and they work hard to make sure you receive fair and equitable compensation for all forms of income, not just lost wages, that you’re entitled to during your disability leave.

It’s tough enough to suffer an illness or injury at work, but trying to go to battle with an insurance company on top of that is simply too much. Call for an appointment with one of the compassionate, experienced attorneys at Gold Country Workers Comp Center, and let them go to bat for you.

Why You Shouldn’t Use A Template For Lost Wages

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Types of Disability Claims

California Workers Compensation Lawyer

There are several different types of work disability claims. When an employee is injured while in the process of doing their job, they can file a claim to receive workers compensation. This is an employer-provided benefit that covers medical expenses and a portion of your salary while you are recovering from your injury. It is temporary, however.

The state provides disability benefits for people who suffer an injury that prevents them from being able to do their job, even if the accident does not happen at work. State disability benefits can be granted either on a temporary or permanent basis depending on the type of injury.

There are also examples in which your particular injury may mean that you have qualifications for both types of disability. In this case, you can choose to apply for the one that has a higher value. Since this is getting into a fairly complex area of the law, your first step should be to speak with an attorney who can clarify your options before you make any decisions.

Temporary vs. permanent

Working with an attorney will make the entire process a lot more understandable. The workers comp laws are different from state to state and year to year, and compensation varies depending on the different types of claims. At Gold Country Workers’ Comp Center, we study each case carefully to determine the best outcome for our client’s specific situation. The first decision we’ll need to make is between the ways to file.

Often in the beginning, the extent of your injury is unclear, and the medical professionals cannot yet give an accurate prognosis as to your future abilities. During this time period, we can get you started with temporary vs. permanent disability benefits. As more information becomes available, we will continue to evaluate and keep you apprised of your options to ensure you get the best possible outcome in the long run.

Working with an attorney who understands

Getting hurt, whether at work or not, can have an enormous impact on your future. Your first concern is to get better, but that’s difficult when you’re worried about your job and your finances. This is where the workers comp and disability attorney at Gold Country Workers’ Comp Center can help to set your mind at ease.

Your only job at this time is to take care of yourself and focus on the process of healing. We’ll make a thorough assessment of your options in terms of the different types of disability claims and guide you toward the one that will most benefit you in the end.

Types of Disability Claims

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Filing a Claim After Your Work Injury

California Workers Compensation Lawyer

If you sustain an injury while at work, you may be entitled to financial compensation. State law dictates that employers must carry workers compensation insurance to reimburse injured employees for lost wages and other expenses. In the case where the injury occurs in a different location but, nevertheless, affects your ability to perform your normal work duties, you may be entitled to state disability benefits. Additionally, if the amount covered by state disability is more than workers comp, you may opt to receive disability instead. For many people, the question of how and when to file for one or both of these benefits can be confusing.

It’s best to consult an attorney before filing a claim after an injury at work. A reputable attorney can inform you of your rights and make sure you get compensation. Choose an experienced firm like Gold Country Workers’ Comp Center that focuses specifically on workers compensation and disability claims. Our attorneys have years of experience and knowledge of the laws. We are dedicated to achieving the best possible settlement for our clients and do not charge a fee until the entire process is complete.

How long do you have?

Workers comp insurance is a temporary benefit that covers the cost of medical care to treat or cure the injury as well as loss of wages. There are workers comp time limits and term limits in terms of how long you can receive this compensation and how much of your salary you will get. In addition, workers comp laws are enacted at the state level, so the limits by state vary. Last year, in 2016, the state of California mandated that an injured worker be paid for two-thirds of their weekly wages.

Because the laws may change from year to year and state to state, your best option is to retain the services of a knowledgeable workers compensation attorney. Because they specialize in this area of the law, they will make sure your expenses are covered while you’re out of work and that you receive any and all compensation you are due.

The right way to do it

Hiring an attorney is the first step toward recovery. While you take the time and energy you need to heal, our dedicated staff at the Gold Country Workers’ Comp Center will take care of everything else. Filing a claim after an injury can be difficult to navigate, but we can take the worry out of it. With years of experience in the field, Kim LaValley and his partners are familiar with every step of the workers comp process.

If you’ve suffered an injury at work, don’t wait to start thinking about making a claim. Call for a cost-free consultation today.

Filing a Claim After Your Work Injury

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