Best California Workers’ Compensation Law Information
If you get hurt on the job in California, you do not have the right to sue your employer for negligence. In exchange for the employee losing the right to sue their employer for negligence in superior court, California workers compensation law applies to all workers regardless of fault (with few exceptions). It mandates that employers provide insurance coverage that extends a defined set of medical benefits and wage replacement compensation to employees who sustain injury arising out of and in the course of their employment. Unfortunately, there is a widespread tendency for California workers comp insurance companies to administer their policies in ways that deny many injured workers their rights and therefore significant amounts of benefits.
For example, the insurance company might select doctors who will, in exchange for business, favor the employer by downplaying the injury itself. Or, the insurance company might deny money to which the employee is entitled as wage replacement without proper legal justification. To combat the injustice, many injury victims seek the counsel of a legal professional to aid in their recovery of money compensation and medical attention.
Much Is Available Under Workers Compensation Law:
- Medical attention to cure or relieve the industrially caused condition;
- Money to replace paychecks while in recovery unable to perform job;
- The right to select second opinion doctors if in the event of disagreement with the primary physician;
- At the end of the claim, most should be awarded at least some money regardless of how small the injury may have been (excluding cuts, bruises and other first aid, minor injuries);
- At the end of the case, there should also be an outline of medical benefits the insurance company must provide into the future.
If you are not getting any one of these benefits, or are worried that they will be denied, hiring a lawyer who knows California workers compensation law may not be a bad idea. In addition to aiding in the fight for the above-listed benefits, a good attorney should also be able to do the following if applicable to the case:
- Penalize the insurance company if the appropriate benefits and/or compensation is not provided;
- Counsel the client on the best course of action, whether that be advising on how to maintain a good relationship with the employer throughout the claims process or advising on what doctors have a better bedside manner or are more generous with providing treatment.
- Identify other possible claims the client may have against the company and refer to the appropriate attorney in that specialty; and
- Act as a barrier between the applicant and the adjuster so that you do not have to deal with the adjuster anymore.
What To Look For In a California Workers Compensation Law Attorney
The difference between a good California workers compensation lawyer and a poor one mostly depends on the attorney’s caseload (how many cases they are handling at one time) and their ability to apply the law to an individual's circumstances over the life of the claim. Many lawyers out there that advertise for California workers compensation law business look very professional and seem legitimate, but in reality are either overloaded with cases to make the maximum amount of money possible, or lack the knowledge and ability to appropriately handle your case.
When you hire these types of attorneys, you do not usually meet an actual lawyer from their office for several months into the case. If you do not at least speak with a lawyer during the initial consultation, stay far far away from that law office.
At Napolin Law Firm, all cases are overseen by Mr. Napolin. He never charges for consultations, and he is only paid if he settles or wins the legal case. He has successfully helped thousands of injured workers navigate the complex California workers compensation law. He also looks forward to learning about your unique situation and developing a plan to get you the justice and benefits that you deserve.
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