Banning, CA Workers Compensation Attorney
In a majority of cases, if you have been injured or have sustained an illness because of a work-related incident, your employer will provide you with the workers’ compensation benefits you need to help you through your recovery. Regrettably, an employer’s obligation to provide injured workers with benefits is not always upheld, and a valid claim can be unjustly denied.
If you have been injured while working in the City of Banning or surrounding area, you should know that there are strict California laws that protect your right to receive workers’ compensation benefits. When filing for a claim, however, there are important facets you should be aware of, which could ultimately make a difference between a successful claim and a rejected one.
Contesting a Denied Claim Is Not Easy – Hire an Experienced Attorney
Banning workers’ compensation Albert E. Hirst has extensive experience in serving local peio obtain benefits when they have been injured while at work. Attorney Hirst understands that when an injured worker is unable to collect benefits, the results can be a tremendous burden not only for the injured worker but his or her entire family as well. When it comes to California workers’ compensation claims, every case is unique and should be treated as such – Attorney Albert E. Hirst is prepared to vigorously defend the rights of injured workers.
If you have been injured while at work, you should know that there are California-imposed laws that defend your rights to collect benefits. Whether you are just starting your claim process or have been denied benefits, contact City of Banning-based Attorney Albert E. Hirst today.
California Workers’ Compensation
The State of California requires certain employers to provide their employees with workers’ compensation benefits when the employee has either been injured while at work or has suffered an illness because of his or her job duties. The following are initial steps injured workers will need to take in order to receive workers’ compensation benefits.
- When a worker initially discovers the injury, he or she will need to notify his or her employer of the injury. Cases where the worker’s injury was not immediately noticeable should be reported as soon as possible. The State of California imposes strict deadlines to open a workers’ compensation case and a claim that surpasses the time limit will likely be denied.
- Injured workers will need to demonstrate that they are employees of the business or company, since independent contractor workers cannot seek workers’ compensation benefits.
- Furthermore, petitioning workers will need to demonstrate that the illness or injury was caused because of a work-related incident. Contingent on the worker’s line of duty, this can sometimes be difficult to demonstrate. For instance, a worker that suffers an illness as a result of overexposure to a harmful chemical may find difficulty in proving that the chemical caused the illness.
- Filing a complete application is crucial. Oftentimes, a claim can be denied on the simple reason that it was either filed as incomplete or other simple mistakes.
Different Types of Workers’ Compensation Benefits
A worker that is unable to continue working because of a job-related incident may be entitled to receive workers’ compensation benefits. They amount of benefits and the type of benefits that may be received will depend on the nature and length of the disability. The following are workers’ compensation benefits offered in California.
When an employee has suffered a temporary disability, this will usually mean that the worker can reasonably expect a health improvement with the necessary medical treatment and rehabilitation program. Temporary disabilities are partial in nature, and they usually mean that a worker may be able to return to his or her job duties in either a reduced or completely capacity for a limited amount of time.
Permanent Disability Benefits
A worker that has sustained injuries causing permanent disability can seek to recover permanent disability benefits. Permanent disability benefits are awarded to those who have a long-lasting disability that results in a hindered earning capacity once the maximum medical improvements have been achieved. Even if the worker is able to return to work, he or she may still be able to collect permanent disability benefits. It should be noted, however, that permanent disability benefits are limited – an injured person may not be able to cover their entire income by receiving benefits. Losses acquired outside the scope of work may not be recuperated.
Additional Workers’ Compensation Benefits
Injured workers may have the opportunity to receive additional benefits aside from their disability benefits.
- A person who has suffered an injury while at work may be able to obtain coverage for medical expenses and other treatment costs. This may also include medical equipment and at-home treatment.
- A worker that has sustained permanent damage may be able to receive supplemental job displacement benefits. This usually means that the worker may be eligible to obtain credit to receive technical education for another line of duty.
- For families that have lost a loved one due to a work-related incident, they may be able to recover death benefits that could help to cover the victim’s funeral and burial expenses.
Obtain the Support of a Dedicated Banning Workers’ Comp Lawyer
Injuries caused at work can be terrifying for any person. In many cases, many injured workers can fear of their inability to earn a living following an accident. Because of the sensitive nature of work-related injuries, the law has made it easy for workers to receive benefits immediately after the injury-causing incident.
Even when the law is on the side of injured workers, there are many reasons why a worker may be denied benefits. If you or someone you know has been injured while at work in the City of Banning or surrounding areas, it is important to know that California law allows for workers’ compensation benefits. Whether the injury is minor or catastrophic, obtaining the support of a skilled workers’ compensation attorney can make the difference between receiving benefits and having a denied petition.
Attorney Albert E. Hirst has dedicated his career in serving the community of Banning. He has many years of experience helping work-injured employees obtain compensation following an accident. His commitment and experience has helped many employees and their families recover after a work-related injury. If you have been injured at work, obtain the support of an attorney you can trust – contact Albert E. Hirst – Workers’ Compensation Lawyer to represent your case.