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    Workers' Compensation Claim Eligibility in Bakersfield

    When you get hurt at work, you have rights that help protect you and provide compensation. Understanding workers’ compensation claim eligibility in Bakersfield is at the foundation of ensuring that you are informed and able to insist on those rights.

    If you have been injured in the workplace — from catastrophic life-altering injuries to everyday harms that build up over time — workers’ compensation is there to protect you. Unfortunately, many workers are not sure if they qualify or are worried about repercussions if they file. Our workers’ compensation attorney can answer your questions and help ensure that you have the information you need to assert your rights.

    What is Workers' Compensation?

    Workers’ compensation is different from a personal injury lawsuit because the injured party does not need to prove their employer was negligent or that the workplace was unsafe. Under California Labor Code § 3600, workers’ compensation extends to anyone who is injured in the course of employment. This means that any injury sustained while doing the duties of the job is eligible for workers’ compensation, even if there was no negligent act or unsafe working conditions present.

    Workers’ compensation provides medical care, wage replacement, and disability benefits.

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    AT LNN, WE HANDLE THE FOLLOWING KINDS OF WORKERS' COMPENSATION LAW CLAIMS

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    Airline & Airport Employees
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    Auto Workers
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    Brain Injuries
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    business-professionals
    Business Professionals
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    Fire Fighter Injuries
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    Health Workers
    Hospital Workers
    Hospital Workers
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    Industrial Workers
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    Neck and Back Injuries
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    Police Officer Injuries
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    Repetitive Stress Injuries
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    Restaurant Worker Injuries
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    Shoulder and Elbow Injuries
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    Union Workers Injuries

    Eligibility for Workers' Compensation

    Eligibility extends to employees (but not independent contractors) who were injured while on the job. In addition, eligibility depends on filing a claim within 30 days of the injury or within one year of learning about an injury that you knew was work-related, depending on the type of injury.

    Common Work-Related Injuries

    When discussing workers’ compensation, people think of catastrophic accidents where the injury is immediately apparent. These might include the loss of a finger or hand to a machine or a fall from a construction site that leaves an employee with broken legs. While these injuries are covered under workers’ compensation, it is important to know that employees are covered for more routine injuries that occur over sustained periods as well.

    Common work-related injuries include repetitive motion injuries, pesticide exposure, and heat exhaustion in the agricultural industry. Oil and gas industry workers commonly see burns and machinery accidents as part of their workplace experience. Healthcare workers may experience patient handling-related injuries and infections. Long-term exposure or repetitive motions may result in issues such as hearing loss, carpal tunnel syndrome, and overuse injuries.

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    More on Workers' Compensation Law

    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.

    Reach Out to a Workers' Compensation Attorney About Eligibility

    Our lawyer can provide assistance in many ways during the claim process. First, a lawyer can evaluate your case and establish eligibility. This can be particularly useful for those who are misclassified as independent contractors and initially told they are ineligible. A lawyer can also help establish workplace origination for more complex medical issues, including cumulative trauma and workplace illness that resulted from exposure. 

    Our experienced lawyer will help prepare and file your claim, ensuring that all information is accurately included and submitted on time. Since insurers often deny unlisted injuries if they are brought up later, this thorough consideration is crucial. At this stage, our lawyer might use depositions, cross-examinations in hearings, and second opinions from medical professionals to challenge any denials or inaccurate reports. 

    Our lawyer will also help you pursue the entire slate of compensation owed to you. This may include extended medical treatment costs, lost wages, permanent disability payments, and job retraining vouchers. 

    Workers’ compensation claim eligibility in Bakersfield is at the foundation of getting the compensation you deserve. Reach out today to get started with an evaluation of your case.

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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.