Have you been injured at work and now considering whether or not to hire a workers compensation lawyer near Auburn, CA? Any employees that sustain an injury at work should understand how vital workers’ compensation attorneys are for protecting their rights through each step of the claims process.
Laws and regulations relating to California workers’ compensation law are complex and complicated, especially for inexperienced people. Qualified California workers compensation lawyers will be able to take the necessary steps that protect your rights to the full amount of compensation you deserve.
If you’re considering hiring a workers compensation lawyer near Auburn, review three facts to keep in mind below. To schedule a free case consultation with an experienced workers’ comp attorney committed to providing you the legal assistance you deserve, contact Gold Country Workers Comp Center today.
Remember, EARLY INTERVENTION WORKS!
3 Important Facts About California Workers’ Compensation
#1. California law presumes EVERYONE is an employee and not an independent contractor. Every employer is required to provide workers’ comp coverage
Under recent changes to California law, EVERY worker is presumed to be an employee and NOT an independent contractor. If an employer claims an injured worker was an independent contractor, not an employee (and therefore not subject to Workers Compensation claims) the employer bears the burden of proof, and under the new law, it is very difficult to prove an injured workers was not an employee.
Every employer must provide employees with workers’ compensation benefits if they are injured at work. However, not every employer is required to have workers’ comp insurance.
Certain employers will apply to the state to be exempt from carrying workers’ comp insurance, but only if they can prove they are financially capable of covering benefits themselves. Similarly, many government employers use tax or other resources to cover benefits instead of workers’ comp insurance.
Employers that do not provide employees with full comp benefits are in violation of the law and can be subject to direct lawsuits from the injured employee and very stiff penalties. If you are uncertain whether or not your employer owes you benefits, consult your Auburn workers compensation lawyer to discuss your situation in more detail.
#2. Workers’ comp cases do not require you to prove your employer was at fault.
Proving someone else was at fault is a key component in personal injury cases. For workers’ compensation cases, this is not the case.
Workers’ comp laws do not require proof of fault in an attempt to make it easier for injured workers to receive proper medical treatment and fair benefits. Injured workers are only required to provide proof of an injury and that the injury was sustained while at or due to work. Because Workers’ Compensation is a “no-fault” system, even if you caused your own injury, you are entitled to full Workers’ Comp benefits.
#3. California workers’ comp attorneys can only charge contingency fees.
Any workers compensation lawyer near Auburn or elsewhere in California is not legally allowed to charge flat or hourly fees for workers’ comp cases. They are only allowed to charge clients based on contingency fees, which means a percentage of the total amount a client is awarded by a judge will be used to pay attorney fees.
In the event your case does not result in a successful resolution, your attorney receives nothing. To ensure a successful outcome, it is vital to hire an experienced workers’ comp lawyer who has proven success in similar cases.
The sooner you speak with a workers’ compensation attorney, the better your case’s chances will be successful. EARLY INTERVENTION WORKS! Contact Gold Country Comp Center at 530-362-7188 to schedule a free case consultation soon.
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