Employees in construction, industrial, farming, manufacturing, and transportation industries put themselves at risk every day they go to work. While most workplaces are safe, these occupations pose serious threats to their health, making worker’s compensation a commonly used resource in these more injury-prone industries. But what if worker’s compensation fails to provide enough care?
In California, injured workers can file a lawsuit against worker’s compensation. If you or a loved one has been under-compensated, mistreated, or felt neglected by worker’s compensation, it is recommended to seek legal counsel from a worker’s compensation attorney.
Reasons for Filing a Worker’s Compensation Claim
Worker’s compensation claims are complicated because they entail filing a lawsuit against your employer’s insurance. Contrary to what most people believe, filing a lawsuit against worker’s compensation does not affect your employer. Worker’s compensation is a separate entity and you can file a lawsuit against them if you feel you’ve been mistreated or discriminated against in any way. Reasons for filing a lawsuit against worker’s compensation include:
- Your claim is denied: if your worker’s compensation claim is denied, an attorney can help you appeal the decision and represent you through negotiations.
- Your benefits are inadequate: if you believe your workers’ compensation benefits do not cover all your medical bills, lost wages, or other expenses, an attorney can help you seek the full benefits you deserve.
- Permanent disability: in cases of permanent disability, disputes over the level of impairment or the amount of compensation can arise, requiring legal representation.
Types of Worker’s Compensation Settlements
Worker’s compensation can be settled through a compromise and release, or a stipulation and award. The difference between these types of settlements can have a substantial impact on lawsuits, which is why it is important to consult with a worker’s compensation attorney before accepting one.
Under a compromise and release settlement, the insurer will offer you a lump sum of money to settle your lawsuit. This settlement can be accepted all at once or spread out over time in a structured settlement. This amount typically reflects your lost wages, ongoing treatment, and out-of-pocket expenses. Once this settlement is accepted, your worker’s compensation claim is closed.
While less common in worker’s compensation claims, a stipulation award is a settlement that creates an ongoing relationship between the injured victim and the insurer. The insurer agrees to continue to pay medical bills associated with the work-related accident while continuing to pay disability benefits caused by your impairment.
What is Maximum Medical Improvement?
After suffering severe injuries at work, you will receive medical care through worker’s compensation. Your treating physicians will try to get you back as much of your bodily function as possible so you can return to work. In the course of treatment, if your physician sees that you’re not getting any better, while you’re not getting worse, they may find that you’ve reached the point of Maximum Medical Improvement (MMI).
Once you’ve reached MMI, your ability will determine if you can return to work on a restrictive basis or if you’re ready to completely return to your regular duties. Also, your employer will consider your physical restrictions before deciding to offer you “modified work.” Modified work means you will only be required to do a portion of your usual duties. If modified work is unavailable for your specific job, then your employer may choose to offer you “alternative work.”
This equates to a different type of work with the same rate of pay and employment location. Maximum Medical Improvement can play an important role in your worker’s compensation lawsuit because it can determine if you’ve suffered permanent disabilities or damage to your life due to your work-related injury.
Contact a Worker’s Compensation Lawyer in California
If you or a loved one has been mistreated, neglected, or inadequately compensated by worker’s compensation, the attorneys at Maison Law will pursue the full extent of damages you are owed. Whether you’ve suffered permanent injuries, or have been denied medical treatment through worker’s compensation, our firm is prepared to exercise the full extent of the law on your behalf. Contact Maison Law today for a free consultation and case evaluation.
