Did you suffer an injury or illness at work while performing your job? If so, you might be entitled to benefits to cover your lost income and medical care. The Oakland personal injury lawyers of OnderLaw have been representing injured workers since 2002 and know how to help you recover the money you need to get on with your life.
Regardless of where you work, you probably feel relatively safe. Unfortunately, you could be involved in a catastrophic accident that leaves you injured. Whether you work in an office environment, at a construction site, or in a warehouse, you could sustain severe injuries or an illness that requires ongoing medical treatment.
The Oakland workers’ compensation attorneys of OnderLaw understand the stress you feel. If you can’t return to your job, you might not have the financial means to afford your medical bills and other expenses. Those unpaid bills can lead to significant economic strain and put you in debt. You should not be forced to pay out of pocket for the costs you incurred from the accident that happened while you were doing your job.
OnderLaw is ready to take on your case and pursue the maximum available benefits so you can heal and get back to life as usual. Call us for a free consultation to learn about your legal options after a workplace accident.
Workers’ compensation is available to employees in California through their employer. All business owners must purchase and maintain this type of insurance to cover a worker’s lost wages and medical treatment if there’s a job-related injury or illness.
You can only collect benefit payments if you suffered your injury while performing the duties of your job. Examples include delivering consumer goods to a person’s home, operating a forklift on a construction site, or walking across the office to make copies of a document. If you were on your lunch break or at a company-sponsored event, you would likely not be entitled to benefits.
Any employee covered by their employer’s workers’ compensation insurance could seek benefits for their losses. Whether you are off work for a time because of your injury, get treatment and come right back to work, or if you are unable to return to your usual and customary line of work, your work injury will make you eligible for some type of benefits.
Injuries that could qualify you for workers’ compensation benefits include:
Even if you are a part-time employee, when you are injured at work, you are entitled to workers’ compensation benefits.
When you get hurt at work, you could file a claim for various benefits. The main types are below.
Your employer should provide medical care coverage so you can recover from your injury. This insurance benefit pays for all necessary and reasonable treatment related to the accident. If you see your doctor for reasons other than your job-related injury, you will have to pay for that treatment yourself. Covered expenses can include:
You can only attend appointments with physicians within a healthcare organization agreed to by the insurance carrier and approved by the Division of Workers’ Compensation. That means you’ll only receive coverage for those treatments if the doctor you visit is a part of that organization. You could choose to see an unapproved medical provider, but you will likely be required to pay out of pocket.
You can apply for temporary disability benefits if you can’t perform your job duties because of your injury. You would collect payments that are two-thirds of your average gross wages before the accident.
If you stay overnight in a hospital or your doctor determines that your injury prevents you from working for more than three days, you should start receiving benefits. Temporary disability coverage ends if:
Permanent disability benefits cover injuries and illnesses that result in ongoing medical problems. Even if you start working again, you could continue to collect payments. However, you might not be able to recover your total lost income. The payments you receive will depend on multiple factors, such as:
An impairment rating is stated as a percentage that indicates how much an injury or illness affects a person’s functioning.
Supplemental job displacement benefits offer compensation for educational retraining and skill enhancement so you can return to the workforce. You could receive vouchers that pay for books, tuition, fees, and other costs related to training for a new job.
You’re eligible for these benefits if:
You could also seek reimbursement for the expenses you incurred while traveling to and from your doctors to treat your injury or illness. Costs might include mileage, parking, gas, and tolls. The payments you receive will depend on the date of travel.
Death benefits are available if your loved one died from an on-the-job illness or injury. A surviving spouse, children, and other dependents are the only eligible family members that can collect payments. You will receive payments at the same rate as temporary disability benefits. You could also recover compensation for burial expenses.
If you develop a disease or get hurt at your job, you must take immediate legal action. You have to report the injury to your employer within 30 days if you want to collect benefits. Once you leave the accident scene, go to a hospital for an evaluation of your injuries. If the doctor recommends follow-up treatment, follow their orders.
You should also hire an Oakland workers’ compensation attorney. OnderLaw can handle all legal aspects of your case while you’re recovering from your injury. We can investigate the accident, gather evidence, and pursue the benefits you’re owed from the insurance company.
Many non-fatal injuries occurred in 2019, requiring taking time away from work. The total number by job industry were:
In 2019, 5,333 workers died while performing their job-related duties. The Occupational Safety & Health Administration cited multiple violations resulting in injuries and deaths. They were:
In California, the most common causes of fatal workplace injuries in 2019 were:
A disabling injury can affect every part of your life. You can’t afford medical care, pay your daily living expenses, or care for your family if you can’t function at work. If you want to seek the benefit payments you need to cover these losses, you need an experienced lawyer on your side. We will be your advocate during this challenging time and fight for the maximum benefits necessary to pay for the expenses you incurred.
We know the importance of reaching a favorable outcome in your case. Our Oakland workers’ compensation attorneys will develop the right strategy to meet your needs. We have experience filing insurance claims and handling denied claims. Even though workers’ compensation is a requirement for all employers to carry, we could file a lawsuit against them if they don’t provide coverage and their actions contributed to the accident. We could also help you pursue a case against a third party that caused your injury.
At OnderLaw, we have the necessary skills, experience, and knowledge to handle even the most complex workers’ compensation cases. We put forth the same amount of effort whether a client’s injury is minor or severe. You can depend on us to be there for you every step of the way until the end of the process. You will be our top priority and receive the personalized attention you deserve.
If you suffered injuries at work, contact us for your free consultation today.