Maison Law Accident and Injury Lawyers of Fremont helps people that have been hurt or fallen ill at their job through the workers’ compensation process. Unfortunately, accidents can happen to you at any time, even if you’re careful. Facing this situation is far from ideal, but you do have certain options that our team can help you with. Contact us today for a free consultation to learn more.
Why Would You Need a Lawyer?
Experiencing an injury at work in Fremont can be life-altering. Injuries often involve severe pain, extensive medical treatments, and significant time away from work. Although you’re not required to get a lawyer, trying to go through the claims process alone can be overwhelming. That’s why having legal guidance can make a significant difference. Our team is here to help you by:
- Collecting evidence, talking to witnesses, and getting expert opinions to support your case.
- Working with doctors to understand your injuries and plan your recovery.
- Creating a legal plan that fits your situation, whether negotiating, filing a workers’ comp claim or lawsuit.
- Working for fair benefits to cover your medical bills, lost income, and other costs.
You never want to be in a situation where you’re injured or get sick at work, but it often happens. When it does, you’re going to need help and our team will be there to guide and support you.
What Injuries Qualify You For a Workers’ Compensation Claim?
Workplace injuries in California can happen in many ways, given the wide variety of industries and jobs. Some jobs, like construction, are inherently riskier than office work. But because there’s so much variety, California’s workers’ compensation laws don’t focus on specific injuries when trying to decide if someone is eligible. Instead, virtually every worker in California is eligible to take workers’ comp if they’re hurt due to on-the-job conditions. So, that means that there aren’t certain injuries that qualify you. But with that said, it’s important to look at the different kinds of injuries that can happen to you:
- Physical injuries – Common injuries like sprains, fractures, or back injuries caused by lifting, falls, tripping, or crush accidents that leave you with broken bones or nerve damage.
- Work-related illness – Health issues caused by harmful substances like chemicals or dust, leading to various illnesses and health conditions.
- Mental health issues -Stress, anxiety, or trauma directly caused by work conditions or on-the-job incidents.
- Repetitive stress injuries (RSIs) – Conditions like carpal tunnel syndrome from repetitive tasks such as typing or using tools.
- Exposure to hazards – Injuries from burns, electrocution, or other risks often found in construction and similar fields.
Every situation is different, but facing a workplace injury or illness–at the very least–is going to bring certain challenges that a workers’ comp claim can help you with. However, it’s important to understand how the process works and what your options are.
What Are Your Claim Options After Getting Hurt at Work?
Whether you’re injured or get sick at your job, you have certain options for filing a claim. Usually, it starts with filing for workers’ comp, which includes the following steps:
- File for workers’ compensation by submitting the required form to your employer and keeping a copy for your records.
- The insurance company will investigate your claim, which may include reviewing records and speaking with witnesses.
- You may need a medical examination by a doctor chosen by the insurer, but you can also consult your own doctor.
- The insurance company will decide if your claim is approved and specify the benefits you will receive.
- Disputes over your claim might require mediation, negotiation, or a formal hearing to resolve.
- If possible, your employer may offer a job that fits your medical restrictions, or you could get help with retraining and finding new work.
What’s good about workers’ comp is that–unlike a civil claim–you don’t have to show fault. You can just file your claim and start receiving benefits like:
- Lost wages
- Medical expenses
- Disability benefits, either temporary or permanent
- Death benefits, if injuries are fatal
Probably the most important thing you need to know about workers’ comp benefits is that they run out after 104 weeks (or 240 weeks for things like severe burns or lung diseases.) This means that your benefits might run out before you’re fully healed. At that point, you might want to think about filing an injury claim–either through an insurance claim out of court or a lawsuit. This can help you recover further damages like:
- Medical expenses
- Lost income
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Wrongful death expenses
There’s two major deadlines when it comes to actually filing these claims:
- You have one year after the accident to file a workers’ comp claim
- You have two years after the accident to file a civil claim
Missing these deadlines means you can’t file a claim and recover benefits or damages. No matter which option you choose, though, your focus should be on getting better–and that means putting together a strong claim.
Can You Do Anything to Strengthen Your Workers’ Compensation Claim?
The good news is that, no matter what injury or illness happens to you at work, you can take certain steps to protect and strengthen your workers’ comp claim–even though you don’t need to actually prove that it wasn’t your fault. So, when you decide to take workers’ comp, here’s how you can make sure that you get the most out of your claim:
- Get medical care right away – Your health comes first. See a doctor promptly, even if your employer requires a specific one. In emergencies, go to the nearest hospital. Quick treatment also strengthens your claim.
- Report your injury immediately – At the same time, make sure you tell your supervisor or someone in charge about the injury as soon as possible so your employer can respond and they’re aware of the situation. You have up to 30 days in California, but reporting early helps you get benefits faster.
- Cooperate with the investigation – After filing your claim, your employer’s workers’ compensation insurance company will review it. They may check records and speak with you and your employer, so provide all necessary details to support your case. Also, make sure to be honest about what happened and don’t exaggerate, as that could potentially hurt you as your claim progresses.
These steps apply to nearly all workers’ compensation claims, no matter what your job is or even what your injury is. While you have the right to file a claim, it’s very important to have the right guidance and support, and that’s where our team can step in and help you.
Get Help From Experienced Fremont Workers’ Compensation Lawyers
When you’re injured or get sick at work, workers’ compensation is there to help you through the recovery process. But there’s also the claims process to worry about, and that can quickly become too much for you to handle on top of everything else you’re going through. At Maison Law Accident and Injury Lawyers of Fremont, our experienced workers’ compensation lawyers understand how this process works and can set you up for success. To get started, contact us today for a free consultation.