Chula Vista Workers’ Compensation Attorney
Fighting for the Compensation You Deserve After a Work Injury
You are entitled to a reasonable expectation of safety when at work. Many who are injured while on the job due to another person or entity’s negligence are entitled to workers’ compensation or other benefits that can help victims recover. When a workplace injury does occur, it is critical that you take immediate action to exercise your rights and hold negligent parties accountable.
The last thing you want to be dealing with in the wake of a serious workplace injury is bureaucracy and resistance from insurance companies. Our lawyers at The Sexton Law Firm have over 15 years of experience providing workers’ compensation legal services in Southern California.
We give every case our full attention, working closely with our clients to understand every relevant detail before fighting to achieve a positive resolution. Our team is committed to enforcing your rights and ensuring you receive all of the benefits you deserve.
File your workers’ compensation claim today. Call (619) 202-8976 or contact our Chula Vista workers' compensation attorneys online to get started.
What Types of Workers’ Compensation Benefits Are Available?
If you are injured due to another party’s negligence, you deserve compensation for your injuries to help facilitate your recovery. The state of California requires that employers subscribe to workers’ compensation insurance, meaning the system is built to help you if you know how to exercise your rights.
It should be understood that workers’ compensation claims vary significantly from personal injury cases. You will not receive compensation for any pain and suffering: All compensation stems from your ability or inability to work. However, if an injury prevents you from working, you will need benefits to help you stay financially float while you recover.
Workers’ compensation is designed to help you navigate these difficult periods and give you the time you need to get better.
A successful workers’ compensation claim can confer some or all of the following benefits, including:
- Coverage of healthcare and medical expenses. Hospital bills from an unexpected injury can quickly overwhelm you with debt. When an injury takes place at a workplace due to someone else’s negligence, you are not responsible for paying your medical expenses.
- Temporary disability. When you return to work after receiving any necessary medical care, your employer is required to provide reasonable accommodations or alternative tasks conducive to your injured state. Should such work not be available or if your injuries render you unable to work at all, you will likely be entitled to temporary disability payments, which is generally two-thirds of your average weekly rate of pay per week you cannot work.
- Permanent disability or impairment compensation. After filing a workers’ compensation claim, your injuries will be evaluated and assigned a rating. This rating estimates the number of job opportunities you will no longer be able to conceivably pursue due to your “permanent” injuries or impairment. You will receive a monetary award commiserate with the scope of your rating.
Can You Get Pain and Suffering with Workers' Compensation?
No, you cannot request compensation for pain and suffering due to the limitations associated with workers' compensation. However, you may consult with you attorney to decide if there is an opportunity to file a personal injury complaint.
Essentially, in the state of California, you will not be compensated for pain and suffering, mental anguish, post-traumatic stress disorder (PTSD) or loss of consortium damages. Every workers' compensation case is unique with its own set up of circumstances, so contact The Sexton Law Firm today for a consultation.
Support for Injured Workers Across All Industries in Southern California
Facing the state of California’s complex workers’ compensation system can be intimidating, especially as you are struggling to physically, mentally, and financially recover from your injuries. Our firm has an intimate knowledge of the state’s systems and can leverage our knowledge to help you efficiently process your claim.
We understand that a workplace injury can result in short- and long-term consequences and are determined to help you obtain the maximum amount of compensation to which you are entitled.
We have assisted clients in numerous industries where workplace injuries are common, including:
- General Laborers
Our team can guide you through each step of California’s workers’ compensation claims process. This includes gathering all of the information and evidence you will need and helping you formally file your claim. We can provide you with legal guidance at every step of the way.
Guiding You Through the Workers' Compensation Claims Process
Our workers’ compensation legal services in Southern California can help you in numerous areas, including:
- Deciding What To Do After a Workplace Accident. When you are injured at work, seek necessary medical attention immediately. Once you are physically safe, notify your employer about the nature of the accident and extent of your injuries within 30 days – the sooner, the better. In filing your report, your employer should inform you whether they subscribe to workers’ compensation insurance. If they do, we can help you file your claim with the insurance company. If they do not, you may need to consider pursuing other benefits and legal options, including filing a personal injury lawsuit against your employer.
- Exploring Alternative Benefits to Workers’ Compensation. If your employer does not subscribe to workers’ compensation insurance, you may need to consider filing a personal injury lawsuit against them in order to recover damages. This type of legal action will hold your employer accountable, and a successful suit will entitle you to benefits you may be able to use more flexibly than those from a workers’ compensation claim. If your injury has evolved into a serious disability, you may want to consider pursuing a long-term disability claim. We can help you explore programs you may be eligible for at the state or federal level.
- Returning To Work After an Injury. Once you have sufficiently recovered to the point where you can safely return to work, your employer is obligated to provide reasonable accommodations as you continue to recover from injuries or treat your disability. Reasonable accommodation has varying definitions depending on your industry and previous job responsibilities, but in short, your employer cannot ask you to do tasks that you are no longer able to perform as a result of your injury or disability. This might mean shifting your job responsibilities or placing you in an alternate position with equivalent pay. If no alternative work is available, you may be entitled to temporary disability payments until you can return to work. Our team can help you navigate and, if necessary, litigate these types of problems.
- Fighting Denied Claims. You would hope that an employer will be sympathetic to any injury that involves an employee and their worksite, but sadly, disputes can sometimes imperil a workers’ compensation claim. Other times, injured workers make avoidable mistakes that weaken their case. Claims are commonly denied as a result of workers not reporting their injuries within the appropriate timeframe (within 30 days in California), workers not seeking medical attention to treat their injuries, and employers claiming the injury was not work-related or occurred due to the worker’s negligence. We can fight to help you overcome these challenges.
- Navigating the Appeals Process. Some insurance companies will arbitrarily reject workers’ compensation claim in the hopes that filers do not understand their rights or how to enforce them. We can help you fight improperly denied workers’ compensation claims and help you move through the state’s appeals process. Our team can work to strengthen any potential vulnerabilities in your case and do everything possible to attain your benefits.
Common Workers' Compensation Injuries in California
California recognizes the rights of workers to a safe work environment, compensation for work-related illnesses and injuries, and your right to be represented by an advocate to help you secure those rights. Given the high profile of falling accidents and the active efforts of governments to reduce falls, employers have no excuse for not protecting workers.
Of the ten most common violations the Occupational Safety and Health Administration (OSHA) cites, four are directly related to falls (inadequate scaffolding and ladder safety, fall protection, and fall prevention training).
Beyond fines to employers, OSHA offers employers help in keeping their workers safe and alive. They offer a free On-Site Consultation Program. The program is confidential and is specially designed to be separate from enforcement.
Do I Need an Attorney To Pursue a Workers’ Compensation Claim?
When you have suffered a serious injury, all of your energies should be put into your recovery. Ask yourself if you want to be responsible for filing labyrinthine paperwork, attempting to parse opaque legal terms, or arguing with insurance companies when you should be resting.
Immense resources and expertise are necessary when it comes to workers' compensation claims. Hiring a skilled workers' compensation attorney can be extremely beneficial in recovering any benefits you may be entitled to
Our experienced personal injury law firm understands how the workers’ compensation system works, as well as your rights and entitlements under the law. We will ensure that all relevant paperwork is completed accurately, provide advice on numerous issues related to workers' compensation laws, and represent you in any disputes that may arise throughout the entire workers’ compensation process.
When filing your workers' compensation claim you should expect conflict: Insurance adjusters are pressured to keep costs down and benefit payouts low, meaning that even if your claim is not outright denied, your compensation may be lowballed well below what you should be receiving.
Filing and fighting for a claim can be overwhelmingly complicated and stressful, but our workers’ compensation legal services in Southern California can help cut through the noise.
Our goal at The Sexton Law Firm is to help you get the benefits and compensation you deserve while giving you the space to recover. We will do everything possible to ensure your claim is successfully resolved.
Schedule a free consultation by calling (619) 202-8976 or contact us online! English & Spanish available.
Why Hire The Sexton Law Firm?
We Listen to Your Story and Create a Strategy to Achieve Your Goals
With offices in Chula Vista, Oceanside, and La Mesa, we serve clients throughout all of Southern California
We Offer Free Consultations - Regardless of the Legal Matter
We Offer Phone and Video Consultations For Your Safety and Convenience
We Are Bilingual and Serve Our Clients in English and Spanish
We Are a Family Owned and Operated Law Firm