Long Beach Work Injury Attorneys
In California, if you have suffered an injury while on the job, you may not have the option of bringing a lawsuit against your employer for negligence. Instead, you may file a workers’ compensation claim with the Division of Workers’ Compensation in order to receive benefits that’ll help you during the recovery process. It does not matter whether the accident was your fault or not. As long as your injury or illness was sustained on the job, you have the possibility of getting coverage through workers’ comp.
The BLS, states that more than 2.9 Million nonfatal workplace injuries and illnesses were reported by private industry employers in 2015
Long Beach workers’ compensation attorney Joseph H. Low IV is known by clients and peers alike as one of the best legal representatives for underdogs in southern California. He knows how to fight effectively and aggressively inside and outside of the courtroom. He also establishes caring and communicative relationships with each and every one of his clients. If you are encountering any problems getting workers’ comp, call our office today at our toll-free number (888) 454-5569.
Below is a brief overview of the different types of workers’ comp benefits you may be entitled to in the state of California:
- Medical Coverage: You may receive full medical coverage from your employer’s workers’ comp insurance as long as the cost treatment remains reasonable.
- Temporary Total Disability: If your injury prevents you from performing any job duties, you may receive 2/3 of your weekly wage for up to 104 weeks. If your disability is determined to be long-term, you may receive benefits for an extended period of time.
- Temporary Partial Disability: If your injury causes you to be relegated to a less demanding work position with lower pay, you may receive 2/3 of the difference between your old and new wages for up to 104 weeks.
- Permanent Partial Disability: You may receive a permanent disability rating if your condition does not improve and you are able to provide evidence, such as a medical report, that supports that fact. Depending on the severity and type of your injury, you may receive benefits based on your rating for up to 619.25 weeks.
You may also receive physical and/or job rehabilitation, depending on the circumstances of your case.
Before you file a claim, you must first report the injury to your employer within 30 days of the incident. If the injury is one that developed over time, you have 30 days from the moment of realization of the injury to report it to your employer. If you are part of a union, you should also report the injury to a union representative as soon as you are able.
As for your claim, you have to file a DWC-1 form within a year of the incident. In most cases, you can give the form to your employer, who should then forward it to the workers’ compensation insurance company.
If your employer provides group health coverage, you may "predesignate" your regular primary care physician before an injury occurs by filing DWC Form 9783. If you don’t get your own physician in time, you may be obligated to see an employer-designated physician or one in the employer’s medical provider network. However, if your employer has failed to inform you of your rights when it comes to any of these issues, you may appoint your own doctor, under California law.
If your claim is rejected, you can request a hearing before the California Workers’ Compensation Appeals Board. Although you are not required to have an attorney for your hearing, it is highly advised that you do. An experienced Long Beach personal injury attorney will help you make the right steps and give you a much better chance of getting the denial reversed.
If you or a loved one has been involved in a serious work-related accident in Long Beach which resulted in physical injuries, you should hire competent legal representation immediately to protect your rights as an injured worker. Throughout the United States, workers are injured in their place of employment every day, and many of these seriously injured workers are not aware of their legal rights. At The Law Firm of Joseph H. Low IV, our attorneys have extensive experience in the area of on the job injury law, including construction site accidents, and are available to provide you with a free consultation. Call today at (888) 454-5569.
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