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    Workers-Comp

    BAKERSFIELD WORKERS' COMPENSATION LAWYER

    In California, every company with at least one full-time or part-time employee is required by law to maintain workers’ compensation insurance coverage for all their employees. If you are classified as an employee and recently got hurt or became seriously ill due to work-related conditions, you have grounds to file a claim under your employer’s workers’ comp policy and seek benefits to make up for specific financial losses your injury or illness cause.

    Just because you should have access to workers’ comp benefits does not mean securing the benefits you deserve is easy—especially if you try to pursue a claim without support from a seasoned attorney. Fortunately, the help you need to get every cent of support you are owed under state law is available from our Bakersfield workers’ compensation lawyers, no matter what type of harm you have sustained or how long it will continue to negatively affect your life.

    WHAT KINDS OF INJURIES DOES WORKERS' COMP COVER?

    Workers’ compensation covers all job-related injuries and illnesses on a fault-free basis. Covered employees can file a claim for and ultimately receive benefits without needing to prove anyone specifically at fault for the harm they have suffered. In this context, a job-related injury or illness is generally one that stems directly from an accident that occurred or conditions a worker was exposed to while they were on the clock and performing assigned duties as part of their employment.

    Workers’ comp does not cover injuries or illnesses that stem directly from a worker engaging in horseplay or acting irresponsibly on the job. Workers’ comp law prohibits covered employees from filing suit directly against their employers after any kind of workplace accident, although our Bakersfield attorneys may be able to help pursue a claim against a third party that contributed to causing a work-related injury through their own negligence.

    Do You Have Grounds for a Lawsuit Against an Employer or Third Party?

    Special circumstances exist that may allow you to file a workplace injury lawsuit against your employer or against an at-fault third party. You could have a case if:

    Your Employer Violated Workers’ Comp Laws

    You could sue your employer for a workplace injury if they failed to comply with California’s laws and provide employees with workers’ comp insurance.

    You may also be able to sue a covered employer for violating your rights. For example, you could be entitled to damages if your employer fired you in retaliation for seeking workers’ comp benefits.

    Your Employer Was Negligent

    If you are an independent contractor or other type of worker not covered by workers’ comp, you may still be able to sue your employer if their negligence caused your injury.

    A company is negligent when it fails to take reasonable measures to protect its employees’ safety.

    A Third-Party Was Negligent

    You may have a crossover case – a case involving a workers’ comp claim and personal injury lawsuit – if a third party’s negligence caused your injury. Potentially at-fault third parties may include coworkers, job site suppliers, property owners, equipment manufacturers, and maintenance contractors.

    Our law firm’s primary goal is to help clients secure maximum compensation so they have the resources to heal. Our workers’ comp lawyers in Bakersfield could determine whether you have grounds for a lawsuit against your employer or a third party and pursue damages through every available option.

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    We Handle a Wide Range ofWorkplace Injury Cases, Including:

    airline-and-airport-employees
    Airline & Airport Employees
    auto-workers
    Auto Workers
    brain-injuries
    Brain Injuries
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    business-professionals
    Business Professionals
    fire-fighter-injuries
    Fire Fighter Injuries
    health-workers
    Health Workers
    Hospital Workers
    Hospital Workers
    industrial-workers
    Industrial Workers
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    neck-and-back-iInjuries
    Neck and Back Injuries
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    police-officer-injuries
    Police Officer Injuries
    repetitive-stress-injury
    Repetitive Stress Injuries
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    restaurant-worker-injuries
    Restaurant Worker Injuries
    shoulder-and-elbow-injuries
    Shoulder and Elbow Injuries
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    union-workers-injuries
    Union Workers Injuries

    Available Benefits Through a Workers’ Comp Claim

    Eligible workers’ comp claimants are entitled to full reimbursement for the costs of all reasonably necessary medical care needed to help them reach maximum medical improvement, including transportation costs for travel to and from doctors’ appointments. If a work-related injury or illness renders an employee unable to work for an extended period of time, they can also receive temporary disability benefits—usually equal to about two-thirds of the wages or salary they are missing out on—for up to two years after initially sustaining harm.

    If a workplace accident or illness irreversibly reduces an employee’s working capacity, those temporary disability benefits can be expanded into permanent disability benefits. Depending on the severity of the disability, permanent benefits may include vocational rehabilitation services or life pension payments as well. Finally, if a worker passes away directly due to a work-related condition, our lawyers can help their family members in Bakersfield seek death benefits through their loved one’s workers’ comp coverage.

    What Should You Do If You Get Hurt at Work?

    If you sustain an injury at work, you should:

    Report the Injury

    You must inform your employer about your work injury as soon as possible. If you do not tell them within 30 days, it could prevent you from filing a workers’ compensation claim.

    Seek Treatment from an Authorized Provider

    Seek treatment from a healthcare provider approved by your employer’s insurance plan. Start a file containing all of your medical bills and medical records. Follow treatment orders and do not do work or other activities that worsen your condition.

    If at any point you disagree with the authorized provider’s opinion, our lawyers could discuss your options for seeking a second opinion.

    File Your Claim Immediately

    You should complete a claim form (DWC 1) with your employer right away. Filling out this form opens your workers’ comp case.

    At this point, it may also be beneficial to seek advice from our Bakersfield workers’ compensation attorneys. Engaging legal help from the beginning is an effective way to ensure the protection of your rights.

    Frequently Asked Questions About Workers’ Compensation Claims

    Find answers to common workers’ comp FAQs:

    What Can You Do If Insurance Denies Your Workers’ Comp Claim?

    If your employer’s insurer denies your claim, there is an appeals process. Our lawyers in Bakersfield could help you file a workers’ compensation appeal and represent you through every stage.

    How Long Do You Have to File a Workplace Injury Lawsuit?

    If you have a crossover case or other grounds for legal action, you must file your lawsuit within the statute of limitations for personal injury. According to California Code of Civil Procedure § 335.1, you usually have two years from when your workplace accident occurred.

    Do You Have to Hire an Attorney?

    Legally, there is no requirement to hire a workers’ comp lawyer. However, working with our firm provides you with a powerful advocate and could give you a better chance at getting fair compensation.

    Our experienced legal team could aggressively fight for you. We have secured over $100 million in settlements and verdicts for our clients.

    Get Started Today
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    California Workers' Comp Faqs

    Workers’ compensation is a social insurance program that provides benefits to employees who suffer from a job-related injury. It is designed to ensure the employee receives prompt medical treatment and compensation for lost wages, regardless of who is at fault. The program was adopted in California and most other states during the early 20th century, and replaces the right of employees to sue employers over work-related injuries in exchange for benefits.
    If an employee incurs a work-related injury or illness and the employer does not have valid workers’ compensation insurance, workers’ compensation may not be available as a remedy. However, the employee can still file a civil action against their employer in addition to filing a workers’ compensation claim. Employees should reach out to their local DWC office to discuss their options further. The employee can also work with a workers’ compensation attorneto help them pursue compensation.
    The last thing you want to deal with after being hurt on the job is fighting with the insurance company just to get your wages paid or to see that your medical bills are taken care of. Has your workers’ comp claim been denied or delayed? Do you suspect some type of insurance bad faith? Our Los Angeles workers’ compensation attorneys are here to help. We can file an appeal on your behalf and continue pursuing the compensation you deserve.
    Workers’ compensation claims can be difficult to navigate, especially after you have been injured. Our Los Angeles workers’ compensation attorneys are here to guide you every step of the way and ensure you have the best chance of success.
    Many workers’ compensation claims are complicated. The best way to ensure that you obtain your full benefits after an on-the-job injury is by consulting with a Los Angeles workers’ compensation attorney. Without the help of an attorney, you may not receive the compensation you are entitled to for your medical care, disability payments, and more. An experienced attorney can help you understand your rights and responsibilities regarding your workers’ compensation claim. They can also assist you with an appeal if your claim is denied. Workers’ compensation claims require adherence to tight deadlines, failure to report an injury in a timely manner can result in your claim being rejected. It is generally in your best interest to consult with a Los Angeles workers’ compensation attorney as early in the process as possible.
    Individuals in California who are injured on the job or have a work-related illness may be entitled to several benefits through their company’s policy. Most employers in the state are required to either purchase a workers’ compensation policy from a licensed insurer or become self-insured. If you are injured at work, your employer’s workers’ compensation benefits may include payment for:
    • Medical care
    • Temporary disability benefits
    • Permanent disability benefits
    • Supplemental job displacement benefits
    • Death benefits
    It is important to discuss your case with a Los Angeles workers’ compensation attorney as soon as possible after your injury. An attorney can help you understand how to file a claim through your employer’s policy and ensure that you receive the maximum compensation available based on your case.
    An employer cannot fire you for filing a workers’ compensation claim. It is unlawful for an employer to retaliate against an employee who has been injured on the job and is seeking workers’ compensation benefits. In addition, an employer cannot deduct a portion of your paycheck in order to help offset the cost of workers’ compensation benefits. If you filed a workers’ compensation claim and were subsequently fired from your position, you might be entitled to file a wrongful termination lawsuit. There are strict state and federal laws that protect workers from wrongful dismissal. Our attorneys can help you file the appropriate claim against your employer if you were wrongfully terminated.
    Depending on the severity of the injury, you may be unable to return to your previous job duties. If you have long-term medical problems related to your on-the-job injury, you might be entitled to permanent disability benefits. Permanent disability benefits are designed to compensate those whose injury results in a reduced earning capacity. You might still be able to collect permanent disability benefits even if you are able to return to work. In order to qualify for permanent disability benefits, a doctor must first find that your condition is not likely to change or improve. The doctor may state that your injury has reached its maximum medical improvement or has become permanent and stationary.
    If you have a work-related injury, you need to act quickly to protect your right to compensation. First, report the injury to your employer. In some cases, your injury may be caused by repeated exposure as opposed to a single accident. It is critical to report the injury immediately upon discovery, even if it occurs over time. Second, you need to seek emergency medical treatment. Any delay in treatment may directly affect your ability to receive full workers’ compensation benefits. Seek and continue treatment. Do not miss doctor’s appointments and follow through with any referrals to specialists or other recommendations. Finally, contact a Los Angeles workers’ compensation attorney. An attorney can help you file a claim for benefits and ensure that you receive fair and full compensation for your losses.
    In the unimaginable event that you have lost a loved one due to a job-related injury or illness, you might be entitled to workers’ compensation death benefits. Generally, spouses, children, and other dependents are entitled to death benefits. A Los Angeles workers’ compensation attorney can help you understand your rights and whether you qualify for death benefits. We know that no amount of money could ever fully compensate you for the loss of your loved one, but these benefits may help to relieve unexpected costs such as burial expenses.
    By law, most employers in California are expected to have workers’ compensation coverage for their employees to compensate them if they are injured on the job. Your employer is required to pay a specific amount to you; however, if a third party was involved—such as a manufacturer or someone not employed by your employer—then you may be entitled to secondary compensation.
    In California, workers’ compensation covers all of your authorized injury-related expenses, including (but not limited to) medical costs, rehabilitation costs, therapy, and any job-related retraining you may need to get back to work. You may also be eligible for temporary total or temporary partial disability benefits if your injury has put you out of commission for a time. Should your injury pose permanent limitations on your ability to do your job or eliminate your ability to work at all, you may be able to receive permanent disability benefits.
    Talk to your employer about your injury or developed illness right away. Ideally, do this as soon as you are injured or become aware of your illness so that your employer has the option to send you to a physician in their medical provider network. Seek medical attention and keep record of any diagnoses, x-rays, doctor’s notes, prescribed treatments, etc. If your injury requires you to receive immediate medical attention, do so before talking to your employer, but do not wait more than 30 days to report your injury. Make your workers’ comp claim official by filing an Application for Adjudication of Claim no more than 1 year after your injury. This is one of several forms you will need to file in order to recover costs associated with your injury or illness.
    Every employer in the state of California is required to hold a workers’ compensation insurance policy with a licensed insurer and provide related benefits to their employees when the need arises. Even small companies with only a few employees must provide workers’ compensation for their employees and have sufficient insurance.
    If your employer is not properly insured and cannot cover your injury-related costs, the state of California has what is known as the Uninsured Employer’s Benefit Trust Fund (UEBTF), which serves as a fallback and provides the funds for hurt workers.
    LNN is located in downtown Los Angeles. We can take all workers’ compensation cases based in California.

    Consider Working with a Bakersfield Workers’ Compensation Attorney

    While workers’ comp benefits can be a vital financial lifeline for people who get hurt or sick on the job, they can also be surprisingly difficult to obtain even if you have lots of evidence supporting your right to receive them. Between confusing rules for filing workers’ comp petitions and the strong opposition you may receive from insurance companies and even your own employer, this is not a fight you want to take on alone.

    Retaining our skilled Bakersfield workers’ compensation lawyers could dramatically improve your chances of getting through the claims process quickly and obtaining all the benefits you need. Call today for a consultation.

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    If your claim has been denied or your attorney has decided to give up, reach out to our firm for a second opinion.