Maison Law advocates on behalf of injured workers in Orange County. At Maison Law, we’ve dedicated our practice to obtaining a full range of benefits for injured employees who have suffered workplace injuries across Orange County. California has laws designed to help injured workers and we’ll exercise every legal avenue to ensure you are compensated. Contact Maison Law today for a free consultation and case evaluation.
How Can a Lawyer Help Me With My Orange County Workers’ Compensation Claim?
The role of a Workers’ Compensation Lawyer is to maximize the amount you can receive from your employer’s workers’ compensation insurance company. Unfortunately, what a lot of injured employees don’t recognize is that insurance companies are a business and they stand to increase their profits by denying coverage or minimizing compensation.
A Workers’ Compensation Attorney advocates for your right to fair compensation, making sure you get what you are owed for your injuries. At Maison Law, we are aware of the usual tactics insurance companies will take to reduce the value of your claim. We will file a lawsuit on your behalf to ensure you are compensated. Our team of attorneys are prepared to negotiate a settlement to cover the full extent of your damages and represent you in court to reach the most favorable resolution for your case if necessary.
How Does Surgery Affect My Workers’ Compensation Claim in Orange County?
A surgery can alter your settlement amount. If a settlement offer is made, it would have to include the cost of the surgical procedure, as well as other medical expenses associated with the invasive procedure. It may come as no surprise to you, but the more costly the surgical procedure, the higher the settlement amount will be. However, the type of surgery you undergo will also have an impact on the value of your settlement. According to America’s Debt Help Organization, here are a few common surgical procedures and their average costs:
- Spinal cord surgery for severe back injuries – $110,000
- Joint replacement surgery – ranges from $20,000 – $35,000
- Surgery to repair broken bones – ranges from $8,000 – $10,000
It is important to remember that the cost of surgical procedures fluctuates on a case-by-case basis. Also, one surgery can trigger continued medical expenses. For example, surgery may replace a joint, but that joint may never function properly again, resulting in permanent disability. Permanent disability requires ongoing medical treatment and possibly even more surgery in the future. This could affect your mental health, range of motion, and ability to work. These and other medical costs will drastically increase your settlement amount in addition to surgical costs.
What is the Process for Filing a Workers’ Compensation Claim in Orange County?
The first thing you should do after an injury at work is report the injury to your employer. Make sure your supervisor or someone in management knows as soon as possible. If the injury you’ve sustained develops gradually, you should also report it as soon as you believe your work is the cause. Gradual injuries include head injuries, muscle strains, or deep tissue injuries. If your employer does not learn about your injury within 30 days of it occurring, you could potentially be denied workers’ compensation.
Next, you should fill out a workers’ compensation claim form. Your employer is obligated to give or mail you a Workers’ Compensation Claim Form (DWC 1) within one working day after you report your overexertion injury. You should fill out this form and return it to your employer as soon as possible to avoid possible problems with your claim.
After submitting your claim, it is essential to get good medical care. You should seek out treatment from a doctor who understands your particular type of injury. The doctor you choose will be known as your “primary treating physician” throughout the workers’ compensation process. The role of this doctor is to:
- Prescribe care for your job-related injury
- Manage your overall care
- Help determine when or if you can return to work
- Help identify the kinds of work you can do safely while recovering
- Refer specialists if necessary
- Write medical reports that will help determine the benefits you can receive
When working through your injury with your primary treating physician you should be open and honest about all of your symptoms. Describe the events at work and what you believe led to your overexertion injuries. If you do end up filing a workers’ compensation claim, your doctor will play a large role in certifying the legitimacy of your injuries and the damage done to your life.
When is it Necessary to File a Lawsuit Against Workers’ Compensation in Orange County?
If you feel you are not being properly taken care of by workers’ compensation, it is recommended to speak with an experienced Workers’ Compensation Attorney in Orange County. If an attorney determines you have been neglected by workers’ compensation, they can file a lawsuit against them. A lawsuit can be filed against worker’s compensation if:
- 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.
- A delay in treatment: there are thousands of active workers’ compensation cases and your case can sometimes get forgotten or delayed. When it comes to medical treatment or financial compensation, this is unacceptable and a lawsuit can be filed on your behalf to get the necessary treatment for your injuries.
- Permanent disability: in cases of permanent disability, disputes over the level of impairment or the amount of compensation can arise, requiring legal representation.
Contact an Orange County Worker’s Compensation Lawyer
If you or a loved one has been neglected or inadequately compensated by worker’s compensation in Orange County, 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 exhaust every legal avenue to ensure you get the medical care and compensation you need.
Contact Maison Law today for a free consultation and case evaluation. There are no upfront charges for our services and you won’t pay a cent unless we’ve won your case.
