Workers’ Compensation Attorney in Oxnard
Workers’ compensation is an insurance policy that protects both you and your employer from liability in the event that you are injured on the job. As a “no-fault” type of insurance policy, this means that the employee is covered for the economic damages they suffer from the injury no matter whether or not they caused it, and the employer is free from liability if they were at fault. This helps to avoid complicated and ongoing lawsuits and legal battles between employees and employers, but it still comes with its own complications.
A workers’ compensation attorney can help you through the entire process of getting the compensation that you are owed after your injuries. While your attorney ensures that your rights are upheld as an employee, you can focus on recovery from your injuries, and getting back to normal. If
If you have been injured on the job, contact us now to speak with our team about the details of your situation, and learn more about how we can help. You can read more below about some general information regarding workers’ compensation, but the best way to understand what to expect during this process is by talking directly to an attorney.
What is Workers’ Compensation?
As a state-mandated program, workers’ compensation requires every employer in the state provides insurance coverage for injured workers. After an injury, this policy allows the worker to receive money for their missed time at work, medical costs, and other damages related directly to the injuries. That said, you need to actively seek workers’ compensation. If you’re injured at work, you must file a report to initiate the claim. Whether or not the employer is directly responsible for your injury, they will be responsible for submitting your claim. Once submitted, the insurance company will handle the claims process.
Common Situations Resulting in Workers’ Compensation Claims
You can file a workers’ compensation claim for any injury or illness that occurs at your workplace. Generally, there are two categories of injuries, specific and cumulative A specific injury, or one that happens during a specific incident. For example, falling over a misplaced object is a specific injury. Tripping, heavy lifting, and machinery accidents also cause specific injuries.
The other type of workplace injury is known as cumulative trauma. With this type of incident, an injury occurs because of a repetitive action that causes damage to a specific body part over time. Common examples of cumulative trauma include carpal tunnel and tennis elbow.
What Are You Entitled To?
There are five types of workers’ compensation benefits. First, there are benefits for your treatment or medical care. Your benefits should cover all of your medical expenses related to the workplace injury, including any necessary future care you may require. Secondly, there are temporary disability benefits. This is calculated by looking at your missed wages and providing you with compensation, as well as any paid time off or vacation days you used in order to cover lost time after your injury.
If you have a permanent injury, you may receive permanent disability benefits. Your injury could prevent you from ever working in your career field. Under such circumstances, you could receive money for training or tuition for a different job in the form of vocational rehabilitation benefits. If a worker dies on the job, their family is eligible to receive death benefits.
Workers’ Compensation FAQ
All of the following questions could help you with your workers’ compensation claim. Check out this FAQ to learn more.
When is an Employer Responsible for Your Injury?
Although an employer does not need to be responsible for your injury for you to receive compensation, there are times when this is the case. If the workplace has unsafe working conditions, the employer might be liable for your injuries.
At other times, a third party is responsible for the injury. An equipment manufacturer or maintenance crew could fail to properly do their job and cause an injury. In either case, you should work with an attorney to learn more about your options for compensation.
What are Temporary Disability Benefits?
When you receive compensation for your injury, you get temporary disability benefits. This term refers to the untaxed payments you receive from your employer for wages as you recover.
In some cases, you may be able to work but have a decreased earning capacity. You are still entitled to temporary disability benefits, but only for two-thirds of the lost income. In addition to your wages, your temporary disability benefits also include missed tips and lost commissions.
Calculating the total amount of temporary disability benefits is extremely challenging. Therefore, you should consider working with an experienced workers’ compensation attorney in Oxnard. They will guide you through the claims process and determine how much money you deserve.
How Does Workers’ Compensation Differ from a Personal Injury Claim?
Unlike personal injury claims, workers’ compensation claims prohibit you from collecting money for emotional and mental pain. Regardless of how severe your injury might be, you will be unable to collect damages for pain and suffering.
However, there are some instances when workplace accidents could result in personal injury lawsuits. For instance, an uninsured employer might be sued for their negligence. An employee injured in a work vehicle could file a lawsuit against a negligent driver.
If you think you have grounds for a personal injury claim, you should speak to an attorney. They will explain the difference between the two types of claims and can tell you more about your options.
When Do You Need an Attorney?
If you need to file a workers’ compensation claim, you should contact an attorney. They will streamline the process and handle any obstacles that come your way. Instead of taking on the jeopardizing your claim with a mistake, you can let a legal professional handle the matter.
That said, some people hesitate to involve lawyers. If you’ve filed the claim on your own, you may need legal representation to handle a denied or delayed claim. You also could benefit from working with an attorney if you are not receiving prompt medical care or receiving the full benefits you deserve.
Working with the King Law Firm
If you suffer from a workplace injury, you’re eligible to receive compensation. The King Law Firm wants to help you file your claim and get the medical treatment and money you deserve. Although the process isn’t easy, we’re equipped to handle the most challenging of cases. We work on a contingency basis and there are no out-of-pocket costs. Call our offices today to learn more.