Workers’ Compensation Attorney San Diego.

Types of Workers’ Compensation Cases

Nearly any type of injury falls under the workers’ compensation law. However, certain exclusions exist, such as accidents instigated by drug or alcohol abuse or self-inflicted injuries.

Our duty here at Chen & Nowzari LLP is to represent employees with work-related accidents resulting from their employer’s negligence in providing a safe environment.

According to the Injuries, Illnesses, and Fatalities program, data collected through a survey illustrates that over 2.6 million non-fatal injuries and illnesses from workplace accidents were recorded in 2021.

Here are some common types of work-related injuries that necessitate a workers’ compensation claim to be filed.

• Sprains, strains, and fractures 

• Burns

• Electrocution

• Accidents & falls

• Repetitive stress injuries

• Permanent disability

• Cuts and lacerations

• Radiation, gas, or chemical poisoning

Workers’ Compensation Coverage

In most cases, factors such as the size of the business or specific staff roles determine which staff members should be covered under workers’ compensation insurance coverage.

While some states have worker compensation restrictions, California law requires all business owners to take out a workers’ compensation insurance coverage for all their regular working employees.

The California law also presumes contractors or part-time employees as employees eligible for a worker’s compensation insurance claim in case of a work-related injury.

However, the state compensation laws dismiss people in certain roles, including:

• Employees related to their employer

• Volunteers

• Individuals working for aid instead of salaries.

When To Hire a Workers’ Compensation Lawyer

Like many companies, not all employers will accept the responsibility for workers with work-related injuries. Thus, if any complexities arise, hiring a workers’ compensation lawyer is important to fight for your benefits and rights.

Here are some situations that call for our attorney’s intervention.

If the employer denies the claim and refuses to compensate you

Unfortunately, some employers may refuse to compensate you in the event of a workplace injury. Consider our lawyers if your employer rejects your worker’s compensation claims. The attorneys can defend your right to receive a fair settlement.

If you have suffered permanent disability, preventing your return to work or limiting your performance

Partial or total disability due to work-related accidents should warrant worker compensation. Remember, in most cases, insurance companies understand that these cases can be quite expensive. Thus, they may refuse to settle your compensation claims. As such, consider our lawyers in such a case.

The employer’s settlement does not fully cover your medical bills or lost incomes

This case shows that your employer accepts the claim; however, the settlement offered is insufficient to cover the damage caused fully. As such, consider our attorneys to help you get a fair deal.

Employer retribution against your worker’s compensation claim

Suppose your boss demotes, fires, or reduces your salary soon after filing a worker’s compensation claim. Consider hiring a workers’ compensation attorney to protect your legal rights.

Types of Workers’ Compensation Benefits

Every worker is entitled to a compensation package if they suffer a work-related injury. These benefits often address different types of losses and damages experienced.

They include:

Medical Treatment Benefits

Medical coverage includes the costs of all necessary treatments related to your workplace injuries. These include:

• Nursing care

• Hospitalizations

• Medications and treatments

• Medical equipment such as walkers, crutches, and wheelchairs

Disability Benefits

Disability benefits often cover temporary and permanent disabilities due to work-related injuries. They replace a portion of your wages that help address the loss of your earning capacity in the future.

Career Rehabilitation Benefits

The career rehabilitation benefits assist workers unable to return to the same employment position. It helps them to switch careers if needed.

They include therapy and counseling, career and job training, and assistance finding new employment.

Death Benefits

Death benefits are paid to an employee’s beneficiaries should the worker succumb to their injuries. These benefits include a sum of cash paid to the deceased dependents. These benefits are intended to cover funerals and other family expenses.

Process of Filing a Workers’ Compensation Claim

Following a workplace injury or illness, workers often have a limited time window to report and file a compensation claim for the supposed injuries. Failure to promptly file the workers’ compensation claim may result in the denial of the workers’ compensation benefits you deserve.

Here are three steps to filing a workers’ compensation claim.

Report the Work Injury or Illness to your Employer

It is crucial to report your occupational injuries to your employer as soon as the accident occurs. California offers 30 days for employees to notify their employer of a workplace injury or illness to avoid losing their right to receive workers’ compensation benefits.

Get Medical Attention

While some injuries only require a first aid kit, others may require specialized medical attention. So, before filing the compensation claim, injured employees must see a physician for proper checkup. The medical report issued by the doctor will serve as expert evidence when seeking reimbursement.

File a Worker’s Compensation Claim

After reporting the injury to your employer, ensure they give you the necessary forms to fill. These forms often detail:

• The nature of the injury

• Location, date, and time of the accident

• Medical treatment received

• Parties involved in the accident

• How the accident occurred

• Accident witnesses

Typically, the employer signs the claim and submits the forms to the insurance company within the required timeline. The insurance company is responsible for conducting a thorough investigation of the accident before approving or denying your claim.

However, if your workers’ compensation claim is denied, you should consider speaking to a workers’ compensation lawyer immediately.

Contact the San Diego Work Injury Attorneys at Chen & Nowzari LLP

At Chen & Nowzari LLP, we understand that claims may be denied for various reasons. However, with a workers’ compensation attorney in San Diego by your side, you can file an appeal, allowing you the opportunity at a fair trial.

Our main goal here at Chen & Nowzari LLP is to help injured workers obtain the full compensation benefits they are entitled to under the law. We also understand the complex process, but our lawyers are prepared to go toe-to-toe with the insurance companies and your employer’s attorneys to fight for your benefits and get you fair compensation.

If you have been injured at work and are in need of a workers’ compensation attorney in San Diego, contact Chen & Nowzari LLP today to schedule a free consultation prior to filing a compensation claim.