Redding Workers’ Compensation Lawyer

Legal Allies for Injured Workers

At the Law Offices of Larry S. Buckley, we believe that every worker should be able to collect workers’ compensation without stress. Unfortunately, insurance companies often seem to think oppositely. We have been called again and again to help workers and employees who have found themselves going head-to-head with an insurer who does not want to honor their workers’ compensation claim.

We can help workers from all sorts of industries, such as:

• Healthcare providers
• Police officers
• Firefighters
• Retail workers
• Foodservice workers
• Landscaping professionals
• Officer workers
• And more

A portion of our law firm is entirely dedicated to workers’ compensation claims, cases, and lawsuits. This level of focus has sharpened our skills and enables us to challenge major insurance companies with confidence. Place your case in trusted hands by hiring our team today.

Dial (530) 491-4727 and schedule an initial consultation today.

Are You Eligible for Workers’ Comp?

The first question in any workers’ compensation claim is whether or not you are even covered by a workers’ compensation policy. In California, any company with at least one employee must purchase workers’ compensation insurance to cover them in the event of a workplace accident. On the other hand, independent contractors do not need to be covered by workers’ comp.

If you do have been told you do not have workers’ compensation coverage as part of your employment benefits, you should not assume that is strictly true. Your employer might have inadvertently or intentionally mislabeled you as an independent contractor even though you fit the legal definition of an employee in California. Our Redding workers’ compensation attorney can help begin your case by reviewing your employment status and checking to see if you should be covered and capable of filing a claim.

Benefits Provided Through Workers’ Compensation

Two key benefits that you can get through a successful workers’ comp claim include:

• Medical coverage: When an employee is hurt at work and requires medical attention, workers’ compensation should pay for all portions of that care, including co-pays and future care. There might be an issue if the insurer tries to argue that certain medical treatments prescribed are elective, not necessary.
• Lost wages: If an injured worker misses a week or more of work due to their workplace accident, then they can be eligible to receive wage replacement benefits until they can safely return to work again. Wage replacement benefits are equal to two-thirds of the employee’s average weekly wages.

Depending on the severity of your work injury, your employment status, and a few other factors, there might also be a few other benefits available to you. For example, if you cannot continue working in your position due to your injuries, then workers’ comp might pay for vocational retraining courses.

Workers’ Compensation Benefits Duration in California

Workers’ compensation benefits will not last forever. The typical maximum duration for workers’ comp benefits provided in California caps at 104 weeks within 5 years. Most claims are paid out for a much shorter period, though, because the benefits end once the employee can return to gainful employment. Serious but not life-changing injuries usually heal before the 104-week limit, so the cap is not reached.

Although, it is possible to receive some benefits for longer than this limit. Permanent disability benefits can provide financial support for the rest of your life. Even still, many people who receive permanent disability benefits do not receive them forever because they can end early for several reasons, including hitting a total cap on available payments.

Notify Your Employer As Soon As Possible

You need to inform your employer of your workplace accident within 30 days of it occurring. Otherwise, your claim can be denied by the insurance company with little room for counterarguments.

Waiting the full 30 days to say something is not recommended at all, though. The sooner you speak to your employer about the accident, the better. A fresh memory of the events will be better for building a claim and staying consistent in your reports. Ideally, you will tell your employer the same day or hour that your accident happens.

What Do You Do If Your Claim is Denied?

It is common for workers’ compensation claims to be denied up front and without a clear reason. In some industries, upwards of 33% of workers’ comp claims face first-time denials. If your claim has been denied for any reason, then do not give up. You probably still have an option to challenge the denial with the assistance of our Redding workers’ compensation attorneys.

We can send a challenge letter to the insurer and request more information about why the claim was denied. In some situations, we can convince an insurance company to concede and reverse its denial just from what we argue in this initial letter. If this does not work, then we can talk to you about building an appeal case, which asks the California Department of Workers’ Compensation (DWC) and the Workers’ Compensation Appeals Board (WCAB) to review your case and, hopefully, reserve the denial.

Pros & Cons of Workers’ Compensation

Workers’ compensation sounds like a great program with a cursory review because, in many ways, it is. Yet, as with all things, there are benefits and disadvantages of workers’ compensation that you should know about before you get too far into your claim.

What are the pros and cons of workers’ compensation?

• Pros: The best benefit of workers’ compensation is that it is a no-fault system. You can accidentally cause your own workplace injury and still be eligible to receive benefits because liability is not a deciding factor. Compare this system to a standard personal injury claim, which requires the plaintiff to prove that the defendant was liable for their injuries. It can be greatly reassuring to know that you will receive some sort of compensation after a workplace accident, regardless of why it happened.
• Cons: Perhaps the worst downside of workers’ compensation is that it usually stops you from suing your employer for negligence if they caused your accident. Without the option to file an injury claim or lawsuit, the damages you can collect will be limited to whatever workers’ compensation provides. If you have been severely injured, then workers’ compensation benefits might not be or feel like enough to cover the true extent of your injuries, especially because workers’ comp does not provide noneconomic damages for things like pain and suffering.

Reach Out Today to Start on the Right Foot

There are plenty of little details that can go wrong when filing for workers’ compensation or developing an appeal after a denial. You should not try to sort through every issue on your own, especially if you are not familiar with the law yourself. To let yourself rest while simultaneously creating a powerful case, put our Redding workers’ compensation lawyers in charge!

Please call us at (530) 491-4727 and request a free consultationwithout delay.