Maison Law represents injured workers in San Luis Obispo. While workers’ compensation is designed to provide medical and financial coverage after you’ve been injured at work, their coverage does not always provide injured workers with everything they need. At Maison Law, we can help you obtain maximum compensation for damages done to your life due to a work-related accident. Contact Maison Law today for a free consultation and case evaluation.
Do I Need a Lawyer for a Workers’ Compensation Claim in San Luis Obispo?
Employers have a responsibility to protect their workers, especially when it comes to physically demanding jobs. Many workers across the United States feel pressure from their employers to keep working beyond their physical capabilities, leading to injuries, which ultimately means more time away from work.
While workers’ compensation can provide temporary relief for injuries and lost time at work, it may not be enough if your injuries are severe or have a major impact on your daily life outside of work. A workers’ compensation attorney can file a lawsuit against your workers’ compensation provider to ensure you are compensated to the full extent of your damages. These damages include:
- Economic damages: financial damages you incurred due to the accident.
- Medical bills
- Lost Wages
- Loss of future potential earnings
- Loss of property
- Cost of repairs to damaged property (if applicable)
- Non-economic damages: these are subjective, non-compensatory damages.
- Pain and suffering
- Emotional distress
- Depression
- Anxiety
- Loss of consortium
Employer Safety Responsibility Under OSHA Law
The healthcare service industry is the most populated industry in San Luis Obispo, according to the San Luis Obispo Chamber of Commerce. Injuries can happen frequently in healthcare jobs due to the long hours required and the high amount of stress involved. However, some injuries can be due to a violation of OSHA regulations. As a working citizen in San Luis Obispo, you have the right to request an OSHA inspection without the fear of employer discrimination. You can file a complaint with OSHA and request an inspection here if you feel your work environment is unsafe.
Your employer is responsible for providing a safe working environment. Under OSHA law, your employer is responsible for the following:
- Providing a safe working environment, means they are tasked with adhering to all the regulations that govern the company’s work.
- Provide daily inspections of the workplaces that are prone to hazardous conditions to make sure they adhere to OSHA standards.
- Provide all employees with safety information. The employer should hang OSHA posters, labels, and other safety signs so that all employees have access to the information.
- Your employer needs to provide training so that employees can handle the daily tasks and are knowledgeable about how to deal with hazardous situations.
How Do I File a Workers’ Compensation Claim in San Luis Obispo?
If you suffered a work-related injury or illness in San Luis Obispo, it is vital to report the incident to your employer the moment you become aware of your injury. If your employer does not learn about your injury within 30 days of it occurring, you could potentially be denied workers’ compensation. Here are the recommended steps for filing a workers’ compensation claim:
- Request a Workers’ Compensation Claim Form (DWC 1) from your employer. They’re required to give you one or send it via mail within one working day after your injury is reported.
- Fill out the form listed above to request benefits from the workers’ compensation program at your workplace. Describe your illness or injury in great detail and fill out only the employee section of the form.
- Give the form back to your employer as soon as possible. Any delay in filing your workers’ compensation claim may have a negative impact on your claim.
Reasons for Filing a Lawsuit Against Worker’s Compensation in San Luis Obispo
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 without repercussions from your employer. 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.
Factors that Can Impact Your San Luis Obispo Workers’ Compensation Claim
If you work in the city of San Luis Obispo and you suffer an on-the-job injury, you will most likely have medical bills and ongoing expenses. Your employer’s liability will depend on your employment classification. If you are a full-time, part-time, or seasonal employee in San Luis Obispo, then you will be provided workers’ compensation through your company.
By California law, all employers with at least one employee must maintain workers’ compensation coverage for their employees. So, for example, even if you are the sole employee of a homeowner who has hired you to maintain their property, you are entitled to workers’ compensation if you are injured on the job.
If you’re an independent contractor, then you are not entitled to workers’ compensation benefits. For example, if Microsoft hires you as an independently contracted plumber to fix the plumbing in their offices and you get hurt while working, Microsoft is not obligated to provide you with workers’ compensation.
However, any company hiring a contractor must state that the person they are hiring is an “independent contractor” in writing. If an employer misclassifies a contractor as anything other than an independent contractor and they get hurt on the job, then they may be able to recover workers’ compensation.
What is the Typical Compensation for a Workers’ Compensation Claim in San Luis Obispo?
While workers’ compensation claims will vary on a case-by-case basis, certain factors will largely determine the amount of compensation you can receive. These items can be calculated based on your economic damages and non-economic damages, which include:
- Present and future medical expenses
- Loss of income, as well as the reduction in your earning capacity you’ve suffered from your work-related accident
- Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
- Damage done to your property during the accident
- Pain and suffering caused by your injuries
- Stress and anxiety due to the nature of your accident
The more severe your damages are, the more compensation you will typically receive. However, for a more specific amount, a workers’ compensation attorney can help you understand the value of your case.
Contact a Workers’ Compensation Lawyer in San Luis Obispo
If you or a loved one has been mistreated, neglected, or inadequately compensated by worker’s compensation after suffering a work-related injury, the attorneys at Maison Law will pursue the full extent of the 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 for all injured workers in Merced. For legal counsel concerning your workers’ compensation claim, contact Maison Law today for a free consultation and case evaluation.
