WORKERS’ COMP ATTORNEY FOR RIVERSIDE
If you have been hurt on the job in Riverside, you have the right to file a workers’ compensation claim. California law requires that every employer must carry workers’ compensation insurance, and employers who do not can be charged with a criminal offense.
Workers’ Compensation originated as a compromise between the employers and employees. Workers’ Comp today guarantees cash benefits, medical bills and the cost of lost income. An injured worker can file a workers’ comp claim regardless of what caused an accident; unlike in personal injury cases, most of the time employees can file claims even if they themselves were responsible for causing their injuries.
When an employee’s injuries are fairly minor, the workers’ comp system works quite well. However, when significant injuries are involved that require surgery or may prevent a worker from returning to their job for a long period of time, there can be financial incentives for employers and insurance carriers to find ways to reduce, delay, or deny legitimate claims for the sake of their bottom line. Under such circumstances, it’s best for injured workers to consult a dedicated Riverside county workers’ compensation lawyer about their situation and find out what they can do to protect their rights and their financial stability during the recovery process. Under the law, workers’ comp attorneys are entitled to only a small portion (about 15%) of the total amount of benefits they are owed, and this can be a real bargain for employees who can’t get financial justice on their own after a serious workplace accident.
There are several different kinds of insurance benefits available to injured workers. Schedule a free consultation with a knowledgeable workers’ compensation lawyer to learn more about the different kinds of benefits that you may qualify for and how to ensure that your rights and your interests are protected when it comes to your claim.
TEMPORARY DISABILITY AND TEMPORARY PARTIAL DISABILITY
The most basic kind of benefits available to injured workers is Temporary Disability (TD). Temporary disability payments are generally paid weekly until the worker is able to return to their job. Workers can apply for TD if they:
(1) Were hospitalized or missed three or more days of work because of their injuries AND
(2) Have not been offered another job to do in the meantime by their employer.
It’s important to understand that in some cases, employees who are able to do some kind of work while in recovery and are offered such a job by their employer can still apply for Temporary Partial Disability (TPD) benefits if the wages they receive during this time are below a certain amount established by state law.
Permanent Disability (PD) payments are available to workers whose injuries have left them with residual disabilities.
Once your physician has written your P&S report, you should share it with your workers’ compensation attorney and the claims examiner handling your case. Your attorney can then help you re-evaluate your claim in light of the P&S report and assist you in applying for Permanent Disability if it is feasible.
At some point after your workplace injury, your physician will either decide that you are able to go back to work or will write a P&S report as noted above. At this point, your workers’ comp lawyer can make arrangements for you to be seen by a medical professional who specializes in the kind of injuries you suffered.
THE WORKERS’ COMPENSATION APPEALS BOARD
All industrial injuries that involve your employer and cannot be resolved through negotiation with an insurance carrier alone are handled by the Workers’ Compensation Appeals Board. The WCAB is the trial court that oversees administrative law proceedings related to workers comp claims.