Bakersfield Workers’ Compensation Lawyer

Maison Law helps people that are injured in Bakersfield. Accidents can happen anywhere, including in your workplace, and they often come without warning. If you’re injured on the job in Bakersfield, it’s important to know that you have legal rights and options beyond filing a typical injury claim. Workers’ compensation protections in California are there to help you. To explore your options and get the guidance you need, contact us for a free consultation.

Why Would You Need a Workers’ Compensation Lawyer in Bakersfield?

In Bakersfield, workers’ compensation insurance is designed to protect employees who are injured on the job. California law requires most employers to provide this coverage, which helps with your initial medical bills, lost wages, and other related costs.

However, challenges can and always do come up. Our team can guide you through the entire process by:

• Helping you understand your rights and options
• Gathering evidence and information
• Working with your employer or their workers’ comp carrier to make sure you’re getting the right benefits
• Filing other claims, like an insurance claim or lawsuit if your injury happened because of negligence

Getting injured at work can make life more stressful, even with insurance to help. Let us take on the burden of navigating the process so you can focus on your recovery.

What Steps Do You Need to Take After Getting Hurt at Work?

No matter what your job is in Bakersfield, there’s always the chance that you could end up being injured or sick. It’s something that no worker wants to face, but when it does happen, there’s a certain process in place–and certain things that need to be done to form the foundation of a potential claim:

• Get medical care – Your health comes first. Call 911 or visit a hospital or urgent care immediately. If first aid is available at your workplace, use it right away.

   

• Report the accident to your employer – Tell your supervisor or employer about the incident as soon as possible. In California, you must report workplace injuries within 30 days. The sooner you report the accident, though, the sooner you can file a claim and start getting benefits.

   

• File for workers’ comp – Ask for a workers’ compensation form (DWC-1), complete it, and return it to your employer. They’ll keep a copy on file, but make sure you ask for one so you have it for your records.

   

• Claim investigation – Your employer’s workers’ comp insurance company will review your claim, including your medical records, and may interview you and witnesses.

   

• Undergo a medical exam – Typically, you’ll need to see a doctor chosen by the insurance company for an evaluation. You can also consult your own doctor to get a baseline of your injuries and what you’ll need in terms of treatment.

   

• Claim decision – The insurance company will determine the benefits you’re eligible for, such as medical treatment, temporary disability payments, or job retraining.

   

• Resolving any disputes – If there’s a disagreement about your injury or benefits you’re getting, you may need to go through mediation or a hearing to resolve the issue.

   

• Return to work – If possible, your employer might offer you a role that accommodates your medical restrictions. If returning to your previous job isn’t an option, retraining support could be available to help you find a new job.

   

Every injury situation is different. Some workers recover quickly, while others face a longer road. Following these steps makes sure your rights are protected and keeps your options open. Still, though, you need to understand what you can get in a workers comp claim–and further if need be.

What Claims Options Do You Have If You Get Hurt at Work?

One of the more confusing parts of being injured at work involves your options. The main difference between a workers’ comp claim and an injury claim is that your injury or illness happened at work–but this also doesn’t mean you can’t file a lawsuit or insurance claim on top of your workers comp claim. It all comes down to the circumstances.

While you don’t need to prove fault in a workers’ comp claim, you do if you want to take further action. But let’s first focus on workers comp and the benefits you can get in a claim:

• Medical expenses – This includes doctor visits, treatments, medications, and any necessary medical care related to your injury or illness.

   

• Temporary disability (TD) benefits – If your injury keeps you from working temporarily, you may receive partial lost wages until you can return.

   

• Permanent disability (PD) benefits – If your condition results in long-term or permanent limitations, you could receive compensation based on how your ability to work is impacted.

   

• Job retraining – If your injury prevents you from returning to your previous role, workers’ comp may help cover training for a new position.

   

Workers’ compensation in California doesn’t require you to prove your employer was at fault, making it accessible in most situations. However, it has limits. For example, benefits typically end after 104 weeks, which might not be enough for severe injuries or illnesses.

Civil Process

Again, if your benefits run out before you get better, you have the option to file a civil claim–either through an insurance claim or lawsuit. However, you only have the right to do this if your injuries or illness happened because of negligence, like being forced to work in unsafe conditions or a malfunctioning product.

With that established, you can file your claim and potentially recover damages like:

• Medical expenses
• Lost income
• Pain and suffering
• Emotional distress
• Reduced quality of life

   

With a civil claim, you only have two years from the date of the accident to file. If you miss this deadline, you can’t file a claim or recover damages.

Why Would You Need to File For Workers’ Compensation?

It’s not hard to figure out why you’d need to file for workers’ comp in Bakersfield. It’s there for your protection and to make sure your needs are taken care of in the event of a job-related injury or illness. This opens up a variety of different types of accidents and injuries. Most of the time, though, workers’ comp claims come from:

• Slip and falls – Accidents like slipping on wet floors, tripping over uneven surfaces, or poor lighting can happen in almost any workplace.
• Repetitive Stress Injuries (RSIs) – Jobs that require repetitive movements, like typing, lifting, or assembly work, can lead to strain injuries, especially in office or manual labor jobs.

   

• Vehicle accidents – If driving is part of your job, whether for deliveries or travel, accidents on the road are always a possibility.
• Exposure to harmful materials – Jobs that require working with chemicals or dangerous substances can result in serious exposure risks.

   

• Machinery accidents – If your job involves using heavy machinery, you could be at risk from faulty equipment or lack of proper safety training.
• Burns or fire injuries – In certain industries, like construction or restaurants, you might face the risk of electrical burns, smoke inhalation, or fire injuries.
• Construction accidents – Working in construction exposes you to hazards such as falling from heights, equipment failures, or accidents with unstable structures.

Workers’ compensation helps cover the costs of medical care and lost wages after these accidents. However, it may not fully cover long-term expenses. If your injuries have lasting effects, taking legal action with the help of our team can make sure you get the support you need to recover.

Frequently Asked Questions

What’s the difference between a workers’ comp claim and a normal insurance claim?

Both are insurance claims, but workers’ comp covers only workplace or job-related injuries. A normal insurance claim can be brought for both a workplace accident or an accident that happens outside of work.

Can I get fired for filing for workers’ comp?

No, it’s illegal for your employer to fire you for filing a workers’ comp claim in California. This type of retaliation is unlawful, and you can file a separate lawsuit if it happens.

Does getting workers comp benefits mean I can’t get damages in a civil claim?

No. The benefits you get in a workers’ comp claim won’t factor into a civil claim, outside of the fact that the evidence and information that’s brought up in your workers’ comp claim can also be used in a civil claim if you file one.

Work With Our Workers’ Compensation Lawyers in Bakersfield

Every job comes with risks, but when negligence is involved, it can lead to serious accidents. If you’ve been injured at work, Maison Law is here to help. Our experienced Bakersfield workers’ compensation lawyers can guide you through the claims process and help you get the benefits you need to get better. Contact us today for a free consultation.