Clovis Workers’ Compensation Lawyer

Maison Law helps workers in Clovis understand their options when it comes to filing for workers’ compensation. You obviously never want to be in a situation where your job leaves you hurt or sick, but given that you spend a majority of your time at work, this can happen. When it does, you can turn to our team for help. Contact us today for a free consultation to talk about your options.

Should You Hire a Lawyer?

If you’ve been injured or fallen ill because of your work conditions, your priority should always be getting the care you need to recover. The problem is that when this happens at work, it makes things a bit more complicated for you. On top of the physical challenges, you may be dealing with missed paychecks and an overall uncertainty about your future.

Workers’ compensation benefits are put in place to help you, but going through the system can be overwhelming. That’s where getting a lawyer can really be helpful. Our team at Maison Law can help you by:

• Explaining the process and outlining your options
• Figuring out the cause of your injuries or illness
• Collecting evidence and medical records to strengthen your claim
• Negotiating with your employer’s workers’ compensation to make sure you get fair benefits
  
  

Dealing with an injury or sickness is never easy, but you don’t have to go through it alone. Our team in Clovis can help you get the benefits you need so you can focus on your recovery and getting back to work.

What’s the Workers’ Comp Process Like?

The workers’ comp process plays out differently for different people because it’s based on specific injuries, illnesses, and situations. That said, the process does follow a general outline once there’s a confirmed injury or illness. One of the best things about the workers’ comp process is that you don’t have to prove fault–you can simply file your claim and start getting benefits. So, here’s what the process is usually like once your claim is filed:

• Investigation – Once they receive your claim, your employer’s workers’ compensation insurance company will investigate it. This includes reviewing your medical records and speaking with you and any witnesses about what caused the injury or illness.
  
  
• Medical evaluation – In the vast majority of claims, you’re going to have to see a doctor selected by the insurance company to evaluate your injury and recommend treatment. This doctor, known as a Qualified Medical Evaluator (QME), is certified by the state and provides an impartial assessment.
  
  

• Disability decision – The insurance company will determine if your claim is valid and what benefits you’re able to get. If you agree with their decision, the process ends here. If not, you might have to take additional steps to get fair benefits.
  
  

• Mediation or hearings – If you believe you’re not receiving fair benefits, you may need to attend mediation or a hearing with the Workers’ Compensation Appeals Board (WCAB). Our team can represent you and fight for your rightful benefits here.
  
  

• Return to work – If possible, your employer may offer a job that fits within your medical limitations. If you’re unable to return to your previous role, you may qualify for retraining to help you find new employment.
  
  

Remember, every situation is different. Some workers recover quickly, while it could take you longer to heal or you might need more benefits based on what happened. The key to protecting your rights is to act quickly and file your claim within one year of the injury date. From there, you can have the chance to get important benefits that will help you get better.

What Benefits Can I Get After I File For Workers’ Compensation?

Obviously, the main reason you should file a workers’ comp claim is because you’ve been injured or gotten sick because of something that’s related to your job. But specifically, workers comp provides certain “benefits” that you can draw on that makes things easier for you. In much the same way that the process follows a general outline, the benefits that are available to you are also the same:

• Medical expenses – This covers the cost of medical care you need to treat your injury or illness. It includes things like doctor visits, hospital stays, surgeries, medications, physical therapy, and any other necessary treatments.
  
  

• Lost income – If your injury keeps you from working, workers’ comp can provide payments to replace part of your lost income.
  
  
• Temporary disability benefits (TD) – If your doctor determines you can’t work temporarily due to your injury, TD benefits provide partial wage replacement during your recovery period. These benefits are calculated based on your average weekly earnings and continue until you’re able to return to work or reach maximum medical improvement (MMI).
  
  
• Permanent disability benefits (PD) – If your injury causes long-term or permanent limitations, PD benefits compensate you for the reduced ability to work or perform daily activities. The amount depends on the severity of your condition, your age, and your job role.
  
  

• Job retraining costs – If your injury prevents you from returning to your old job, workers’ comp will cover retraining or educational programs to help you find a new job. For example, if you were a warehouse worker in Clovis and can no longer perform heavy lifting, you might receive training for a desk job or another role that better suits you.
  
  

• Death benefits – If a workplace accident is fatal, death benefits provide financial support to your dependents, like your spouse or children. These benefits typically cover funeral expenses and ongoing financial assistance to help your family cope with the loss of your income.
  
  

What If Workers’ Comp Isn’t Enough?

In some cases, workers’ comp benefits might not be enough to cover your losses, especially if negligence was involved in your accident. Outside of a workers’ compensation claim, you have the same legal options as any other accident victim, including:

• Filing an insurance claim – You can try to get additional financial support through the negligent party’s insurance company, whether it’s your employer or somebody else (like a company that made defective equipment.)
  
  
• Filing a lawsuit – If someone else’s carelessness caused your injury, you can pursue a lawsuit to recover damages. We typically focus on workers’ comp cases in Clovis, but the evidence you collect in your workers’ comp claim can strengthen a civil lawsuit or insurance claim. This includes using that evidence to try to get damages like:
  
  
  • Additional medical expenses
  • Pain and suffering
  • Emotional distress
  • Reduced quality of life
  • Wrongful death expenses for fatal injuries or illnesses
    
    

It can be hard to go through this situation, but it’s even more difficult when you don’t know what you’re getting into. While workers’ comp benefits are there to help you, they don’t last forever. They typically run out after 104 weeks, so you have to act quickly.

What Would Cause You to File a Workers’ Compensation Claim?

Some people think workers’ comp is only for high-risk jobs, but the truth is that you (and any other worker in Clovis) might need to file a claim. No matter what your job is or the type of injury or illness you go through, you have the right to workers’ comp if it’s caused by a work-related incident or environment.

Workers’ compensation claims often stem from:

• Physical injuries like fractures, sprains, strains, back or neck injuries, and traumatic brain injuries (TBIs)
• Repetitive stress injuries (RSIs) like carpal tunnel or tendonitis that are caused by doing the same repeated motions.
• Occupational illnesses like respiratory issues, skin conditions, or diseases caused by chemical exposure.
• Work-related accidents that cause crush injuries, joint dislocations, or spinal cord damage.
• Environmental conditions like heatstroke, frostbite, or hypothermia from outdoor work.
• Mental health conditions that are the result of stress-inducing workplace environments.
  
  

Even illnesses caused by long-term exposure to harmful substances, like asbestos or hazardous chemicals, will allow you to file for workers’ comp. The key is having proper documentation to show the connection between your injury or illness and your job. With that, though, you have to take the right steps to get the most out of your claim.

How Can You Get the Most Benefits Possible in a Workers’ Compensation Claim?

Getting hurt or sick on the job can throw your life off track, but taking the right steps afterward can help you recover and secure the workers’ comp benefits you need. That said, because it’s effectively an insurance claim, you have to make sure you’re doing the right things to keep your claim strong and to protect it. Here’s how you can maximize your workers’ comp benefits:

• Get medical help immediately – Your health is the top priority after a workplace injury or illness. Seek medical care immediately to start recovering and create a record of your injury or sickness. For emergencies, call 911 or go to a hospital. For minor injuries, get first aid or visit a clinic. Keeping records of your treatments and prescriptions will help support your claim.
  
  
• Report your situation – You must report workplace injuries in California within 30 days, but sooner is better. Tell your supervisor right away, even if the injury seems minor. Go to HR and ask for the workers’ comp form (DWC-1) to start your claim. Acting quickly avoids delays and strengthens your benefits because it puts your employer on notice.
  
  
• Work with the investigation – The workers’ comp insurance company will review your claim by checking medical records, talking to witnesses, and asking questions about what happened. Be honest and consistent when you talk to them, and don’t exaggerate. Sharing accurate information and evidence like medical records and witness contacts can help speed up the process.
  
  
• Follow your treatment plan – At some point, you’re going to have to see a QME that’s picked by your employer for an evaluation, but you can also visit your own doctor. Regardless, follow all the medical advice they give you and go to appointments to show you’re serious about recovery. Keep records of treatments and progress to make sure you’re getting the right benefits.
  
  
• Be careful – What you say and do after your injury matters. Try not to make detailed statements when you talk to your employer or their workers’ comp carrier. Just stick to the facts. Also,don’t post about your situation on social media. Lastly, don’t do anything outside of your doctor’s restrictions to avoid harming your credibility or claim.
  
  

Obviously, every situation is different. With that said, following these steps is very important to how your claim plays out and what you’re able to get back in benefits.

Frequently Asked Questions

Can I appeal the decision on my benefits?

Yes. You can file an appeal with the Workers’ Compensation Appeals Board and they’ll review it.

Do I have to get a lawyer to file for workers’ comp?

No, you just need to ask your employer for the required form (DWC-1) and submit it. However, having a lawyer can make sure you’re treated fairly and get the full benefits that are available to you.

How long do I have to file a workers’ comp claim?

You have one year from the date of your injury or when you find out about your illness to file. You also have to report it to your employer within 30 days.

Work With Our Workers’ Compensation Lawyers in Clovis

Your job is a huge part of your daily life, but unfortunately, you may find yourself injured or sick because of something that’s work-related. If you’re injured or sick at work, Maison Law is here to help. Our team of Clovis workers’ compensation lawyers will guide you through the claims process and fight to get you proper benefits. Contact us today for a free consultation.