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    Bakersfield Industrial Injury Lawyer

    Safety measures are usually in place, but unfortunately, injuries can still occur in the workplace or on job sites. These injuries can cause loss of income, increased medical bills, and other issues. Therefore, knowing what to do after a workplace accident can make all the difference.

    Contact our Bakersfield industrial injury lawyers if you were injured on the job. Our workers’ compensation attorneys can discuss your case, guide you on the proper steps to take, and try to help you get the compensation you deserve.

    Does an Injury Qualify for Workers’ Compensation?

    In California, every employer must pay for workers’ compensation benefits if someone is hurt while on the job. If an employee suffers a work-related injury, the business must cover medical costs, time off, and other expenses. Injuries may qualify if:

    You Sustain a Single Injury

    This is often an unexpected injury. It covers slip-and-fall accidents, severe cuts that require stitches, chemical splashes, vehicle accidents when traveling for work, and other injuries. If you need medical assistance, you must seek help immediately and let it be known that the accident occurred while you were on the job.

    You Sustain Injuries Through Repeated Exposure

    In an industrial workplace, there may be chemicals that you are exposed to throughout the day. If you sustain chemical burns, develop breathing problems, or a more severe illness because of chemical exposure, you may be able to seek compensation. This may also apply to injuries sustained by repetitive actions, like loss of hearing because of noise levels in the workplace or back issues from constant lifting.

    PTSD or Mental Illness

    In rare cases, mental illness may be covered by workers’ compensation. However, it can be challenging to get it, and a company must employ the person for at least six months.

    When discussing industrial injuries, no definitive guide tells every situation that may or may not be covered. Therefore, if a person feels their industrial injury qualifies, they must follow the proper steps and get help from a Bakersfield attorney.

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    We Handle a Wide Range of Workplace Injury Cases, Including:

    brain-injuries
    Brain Injuries
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    industrial-workers
    Industrial Workers
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    neck-and-back-iInjuries
    Neck and Back Injuries
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    Repetitive Stress Injuries
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    shoulder-and-elbow-injuries
    Shoulder and Elbow Injuries
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    Steps to Take When Filing for Industrial Injury Compensation

    As soon as an injury occurs, a person should report the injury to your employer and seek medical assistance. Afterward, the injured employee needs to file a Workers’ Compensation Claim Form (DWC 1). The employer should provide it to the industrial worker within one day of the original report. The employee fills it out and returns it to their employer immediately. If the injured person needs to mail the form to their employer, they should send it via certified mail and request a return receipt to show proof that they received it. The employer will fill out their section within one day and provide a copy.

    Once this is complete, the employee should seek medical treatment by a doctor specializing in the type of injuries they have. For instance, if a person injures their back, they should seek care from a physician who understands back injuries and can:

    • Prescribe care for the injury
    • Determine if it is safe to return to work
    • Establish workloads that will keep the person safe from further injury
    • Refer the worker to specialists
    • Write reports that establish the benefits required

    The worker needs to explain how the injury occurred and the work environment to help the physician establish the claim and set limitations. A lawyer in Bakersfield could help an industrial worker navigate these steps after an injury at work.

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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.

    Seek Help From a Bakersfield Industrial Injury Lawyer

    Any on-the-job injury can be a reason to file for workers’ compensation. Afterward, a claims administrator should notify you of the decision within a reasonable time. Seeking advice from a Bakersfield industrial injury lawyer you can depend on is essential as you begin this journey. It protects you if there are delays or your workplace is stalling on helping you. Contact LNN Personal Injury Lawyers today, and we will work hard to help you get the compensation you deserve.

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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.