Maison Law of Santa Maria stands ready to help anyone injured while on the job. We can help local employees earn the most possible through Workers’ Compensation after they’ve been hurt. Not every victim is treated fairly, and not everyone receives the same amount of Worker’s Comp compensation. We want to make sure every victim has the money to pay every medical bill and support their families.
Contact us today for a free consultation to learn more about your options that may go beyond standard workers’ comp benefits.
Do I Need a Lawyer When Filing a Claim with California’s Workers’ Compensation?
If your injuries are very minor and your time loss is short, you may not need a lawyer to get fair treatment through Workers’ Compensation. However, when more serious injuries are involved, cases become more complex. Employers and Workers’ Compensation administrators work harder to limit what victims receive.
It can pay to have a skilled Santa Maria Workers’ Compensation attorney in your corner. Your lawyer can take on any lawyers your employer hires and Workers’ Comp administrators on your behalf.
These are just a few of the ways a skilled lawyer can protect your interests and secure more for your injury claim:
- A lawyer fully investigates your accident and preserves evidence before an employer tries to change the story
- A lawyer can represent you before a Workers’ Compensation judge to make sure the truth is heard and your recovery needs are addressed
- Your lawyer can demand the most for your injury and often secure much more for you than you could win handling the case yourself
- A lawyer can help you file a lawsuit if a negligent employer should provide support beyond what a Workers’ Compensation provides
- A lawyer takes action if you feel you are being treated unfairly by your employer
- A lawyer takes action if you feel your employer is withholding benefits
- A lawyer ensures you receive lifelong support if you’ve received a permanent disability
Your lawyer offers the best chance to maximize your workers’ compensation. Calculating how much you’ll lose personally and professionally due to a major injury shouldn’t be left up to court. You can walk away from a workers’ comp hearing with much less than you need to recover physically and financially and have no way to demand more.
The guidebook provided by The California Department of Industrial Relations (DIR) explains some of the reasons it’s a good idea to have legal representation when filing a Workers’ Comp claim.
Workplace Accident Dangers in Santa Maria
Many Santa Maria residents work hard each day to support their families, contribute to the local economy, and keep Santa Maria growing in a positive direction. In the case of farmworkers and crop pickers, employees are literally keeping food on the table in local households and across the nation.
These and other workers deserve safe working environments. Some jobs, like work in the agricultural and construction industries, come with certain risks. However, employers are also liable when they don’t do everything possible to keep the workplace safe. They must support their workers and make sure they receive compensation that keeps them free of medical debt and enables them to survive financially while they can’t work.
Maison Law of Santa Maria wants to be a safeguard for victims and earn them everything needed to rebuild their lives and careers. These are just some of the local occupations and risks that we can help injured employees earn maximum compensation for:
- Workers’ Comp cases involving farm laborers, orchard and vineyard workers
- Packing plant and processing plant worker support
- Manufacturing and warehouse worker support
- Retail and service worker injuries
- Business property dangers, fall hazards inside offices and outside in parking lots
- Slip-and-falls on puddles or trip-and-falls on debris left in workplace
- Falls from great heights
- Workers’ Comp cases involving injured construction workers
- Support for injured city, county, or state government employees
- Injuries caused by collapsing shelves and overhead hazards
- Injuries involving work vehicles like trucks, forklifts, and order pickers
- Machinery dangers
- Tool dangers
- Burns and electrical shock
- Exposure to hazardous substances
- Ventilation issues
- Unmaintained stairwells
- Exposure to elements
- Back and neck strain
Common Injuries that Lead to Workers’ Compensation Claims
Workers can take a fall or be involved in a crash and wake up in the Emergency Room at Dominican Hospital. They may be suffering from traumatic injuries and be in need of medical intervention to save their lives.
These are just a few of the most common injuries suffered by workers:
- Bone Fractures: Employees can suffer breaks in a fall off a platform or from an encounter with fast-moving machinery. Some breaks can be very difficult to heal from. Bones can even heal in the wrong position and may need to be broken again and reset through surgery.
- Amputation: In the most extreme work accidents, victims may lose a limb. At times, bones are so badly broken, that doctors decide the safest course of action is to remove the limb.
- Musculoskeletal injuries: These are the most common type of injuries for employees. Less serious, but still able to hinder work duties for years to come. They involve strains, sprains, and dislocations in bones, muscles, ligaments, and nerves. Patients can develop chronic pain.
- Back injuries: The stretching of muscles, tendons, and ligaments, leaves microscopic tears in back muscles. These difficult-to-treat injuries can cause life-long back pain.
- Head injuries: Traumatic Brain Injury (TBI), including concussions, might result in memory loss, mood swings, cognitive issues, and seizures. A skull fracture can lead to brain bleeding.
- Spine injuries: A cervical spine dislocation is a common injury, especially for older victims. The ligaments in the spine are damaged. This may include a spine fracture or dislocation. Vertebrae might also be crushed or stretched to cause a painful, long-lasting injury. In incidents that damage the spinal cord, permanent mobility loss may result.
- Deep Cuts: Sharp tools and machinery can cut deeply through soft tissue. Puncture wounds might threaten vital organs. Blood loss will quickly lead to a life-threatening situation.
- Repetitive motion injuries: When workers engage in repetitive motions and constant muscle or joint use in their duties. Muscles and tendons wear down to cause pain and a loss of function.
Any of these injuries might lead to a long-term injury or a permanent disability. It’s critical to have an attorney working for you and making sure Workers’ Comp administrators understand what lies ahead. Your Workers’ Compensation checks will need to last for a lifetime and ensure you can still support yourself and your family in the years ahead. Your lawyer sees to this and demands fair treatment from employers.
What types of things can earn support through a Worker’s Comp claim?
Victims can seek help with all medical bills. They can receive temporary and permanent disability benefits depending on the severity of an injury. Victims should also receive money to help pay for training and education for a new career if they are unable to return to their previous jobs.
In certain instances, families can receive Workers’ Compensation support after a loved one is killed in a workplace accident. There are death benefits for families left behind, but an employer could also be sued for contributing to a fatal accident in some cases. A Santa Maria Wrongful Death Attorney would explore the family’s options to hold an employer financially responsible for the tragic loss of life.
The DIR Injured Worker’s Handbook goes over all the different types of support available through a Workers’ Comp claim.
How Much Does My California Workers’ Compensation Attorney Get Paid?
Most California workers’ compensation lawyers work on a contingency basis. It means they don’t get paid unless they win the case for an injured worker. If successful, the lawyer would usually receive between 9% and 15% of the award the client received.
The fee would depend on the complexity of the case and how much work went into building the case. A workers’ compensation judge also examines the lawyer’s fee and makes sure the attorney isn’t taking too much of the award. The judge must approve the fee.
Always make sure you know what your attorney charges. If you aren’t sure, ask that it be explained clearly to you until you understand. If you still aren’t clear on how much and when your attorney gets paid, it may be a sign you need to look for a different lawyer.
The idea is that your lawyer will have a good chance of earning you much more than you could earn if you handled your workers’ compensation claim yourself. This additional money should be enough to pay your lawyer and allow you to take home much more than you might have otherwise.
Frequently Asked Questions
Can I Sue My Employer After Suffering an Injury On The Job?
In most cases, you could only seek support from California’s Division of Workers’ Compensation after getting hurt in the workplace. However, if an employer causes an accident through gross negligence or tries to cover up a danger in the workplace a lawsuit is possible. Gross negligence means that owners and operators behave so recklessly, that the accident could almost be considered intentional. A skilled Workers’ Compensation Lawyer helps you determine if you could earn more by seeking support through Workers’ Comp and by filing a lawsuit against your boss.
Do I need a lawyer for California Workers’ Compensation if I’m a union member?
Yes, in some cases. Union workers still draw from Workers’ Compensation when injured, but they also receive additional benefits through union membership. A lawyer might still make a difference in how much victims receive from Workers’ Comp and will be checking to make sure employers provide all benefits and protections that must be extended to union members.
How long can I wait to file a California Workers’ Compensation injury claim?
Injured workers usually have one year from the date of the accident to file a claim. In some cases, the one-year deadline counts down from the day the worker learns of an injury or illness. The deadline could be extended if the victim is under the age of 18.
Contact a Santa Maria Workers’ Compensation Lawyer
The most important outcome is that the injured and those who lose their ability to support their families get the full support they require for as long as necessary. Deciding which legal option is right for your situation can be difficult, but you don’t have to make the decision alone. Maison Law can help untangle this mess and get injured workers on track to rebuild their lives and their careers.
There’s an easy way to find out which path offers you the fastest route to the support you and your family desperately need. Speak to Maison Law in a free, no-obligation consultation. We want to hear about what happened to you and then help you determine the best course of action for your family.
Don’t forget that you can always afford the help of a skilled Maison Law attorney. We work on a contingency fee basis. It means we cover all upfront costs and you owe us nothing unless we win your case for you. Then our fee comes out of the workers’ compensation check you receive.
