If you’ve been injured while working or diagnosed with an occupational disease because of your job, you may qualify for workers’ compensation benefits. An experienced Vista workers’ compensation lawyer at Petrov Personal Injury Lawyers can help you win your case, the claims process can be anything but easy. Call us today for legal help at (619) 344-0360.
Since 2012, the Petrov Personal Injury Lawyers has been an ally to injured laborers and grieving families in Vista across North County San Diego. A total of 20+ years of experience and tireless advocacy has helped our team recover over $20 million for clients like you.
Let us stand up and help you demand the compensation you not only need but deserve as you recover from your work-related injury. We offer a free consultation, so please reach out to our Vista, California, law office to arrange a time for yours today.
How Petrov Personal Injury Lawyers Can Help When You’re Seeking Workers’ Compensation Benefits in Vista, CA
Your employer won’t want to watch their premiums increase. Their insurance company would rather prioritize profits than your need for compensation. So, there’s a good chance that they’ll make the process of recovering the compensation you rightfully deserve under the law a challenge.
That’s where our Vista personal injury attorney can help.
We’re ready to take on your claim for workers’ compensation from start to finish.
You focus on getting better while we work to hold your employer’s insurance carrier up to its end of the deal.
Our award-winning litigators will:
- Gather evidence that proves your injury is work-related and supports your claim for benefits
- Determine if you may also have the right to file a third party claim against a liable third party
- Ensure that timely notice is provided to your employer and the insurance carrier
- Help you secure a medical evaluation from a neutral physician
- Appeal a denied claim for workers’ compensation benefits and represent you at all hearings, if necessary
We offer our legal services on a contingency fee basis, which means there’s no upfront cost to hire our law firm. You only pay if we win your case. Contact us in Vista, CA, to learn more. Your first case evaluation is 100 percent free.
What Is Workers’ Compensation?
Workers’ compensation refers to an insurance system that most employers in the State of California must participate in.
Workers’ compensation is a no-fault system; workers are entitled to benefits after a work-related injury or receiving a diagnosis of an occupational disease. In exchange for these benefits, injured workers waive the right to file lawsuits against their employers.
Ultimately, it’s intended to offer injured laborers quick and easy access to compensation and protect employers from a slew of lawsuits when workers get hurt.
Am I Covered By Workers’ Compensation?
You should be covered and be eligible to receive workers’ compensation benefits if you:
- Are classified as an employee in the State of California, and
- Suffer a job-related injury or illness.
Note that immigration status won’t affect your right to compensation under an employer’s insurance policy. However, workers’ compensation is a remedy that’s exclusive to employees. Contractors and freelancers aren’t covered.
What’s a Job-Related Injury?
One requirement for workers’ compensation is that your injury or illness is job-related. So what does this mean?
Under California state law, your injury or illness will qualify “if an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness.”
Put another way, your injuries must have been sustained while you were engaged in work-related activities “in the interest of [your] employer.”
Your injuries don’t necessarily have to happen at work to qualify. If your job involves traveling or if your boss asks you to run some errands, workers’ compensation could cover injuries sustained in a car accident or truck accident in Vista.
Can I Sue My Employer If I Get Hurt on the Job in Vista, California?
No, under the California workers’ compensation system, you typically waive the right to file a lawsuit against your employer after suffering a work-related injury. There are limited exceptions, such as cases involving intentional misconduct, but they’re few and far between.
You can, however, file a personal injury lawsuit against someone else if they’re responsible for your injuries.
For instance, you could file a lawsuit against a motorist if you get into an auto accident on the job or a company that’s responsible for manufacturing a defective piece of work equipment. Additionally, you could have a legitimate claim against a property owner, contractor, or another negligent party.
Our Vista workers’ compensation attorneys will carefully assess your situation and identify all potential courses of legal action. Filing a lawsuit can help you recover damages to supplement your workers’ compensation benefits, which will only cover a portion of your losses.
What’s My Workers’ Compensation Claim Worth?
There are three important factors will that dictate what your claim for workers’ compensation benefits is worth:
- The extent of your injury or illness
- Your average weekly page prior to your injury, and
- How long it will take for you to reach maximum medical improvement (MMI).
The more serious your injury and the more of an impact it has on your ability to work, the more your workers’ compensation case will be worth.
This is because workers’ compensation offers structured benefits. Unlike other personal injury cases, you won’t be able to recover compensation for all of your losses. There are strict rules and limitations regarding what (and how much) you can get.
What Benefits Are Available in California Workers’ Compensation Cases?
In California, the following benefits can be available to qualifying workers:
- Medical Treatment: Your employer will cover the cost of reasonable and necessary medical care from pre-approved providers.
- Temporary Disability: Lost wages totaling two-thirds of your average weekly wage prior to your accident or your average wage over the course of the year. You can receive these benefits for up to 104 weeks.
- Permanent Disability: Lost wages for the permanent loss of the ability to do your job. These benefits can be awarded for a Partial Permanent Disability (PPD) or Total Permanent Disability (TPD). The amount of your compensation will depend on your impairment level and your average weekly wage prior to your injury.
- Supplemental Job Benefits: If you cannot return to work and need to find a new job, California also provides a $6,000 voucher for supplemental job training.
- Death Benefits: If a workplace accident or illness is fatal, certain surviving family members qualify to receive death benefits for funeral costs and lost wages.
Note that the average weekly wage subject to a statutory limit. For 2022, California’s average weekly wage is capped at $1,570.
Is There a Time Limit For Filing a Claim For Workers’ Compensation Benefits in California?
Yes. In California, injured workers typically have one year from the date of their injury or diagnosis to file a claim for workers’ compensation benefits.
Once the deadline comes and goes, you will lose the right to file a claim and receive benefits that you rightfully deserve under the law.
What Types of Injuries Will Workers’ Compensation Cover?
Workers’ compensation benefits will cover any work-related injury or illness, such as:
- Broken bones
- Soft tissue injury
- Repetitive motion injury
- Nerve damage
- Crush injury
- Internal organ damage
- Traumatic brain injury
- Spinal cord injury
- Neck injury
- Back injury
- Mesothelioma and other types of cancer
- Partial or complete amputation
- Catastrophic injuries
- Burn injury, and more.
Always seek medical treatment immediately. If your situation is an emergency, get to the closest hospital. Once you’ve obtained emergency care, you will then have to seek treatment from a physician who is pre-approved by your employer’s insurance company if you want the costs covered by workers’ compensation.
Schedule a Free Consultation With an Experienced Vista Workers’ Compensation Lawyer
Whether you’re in a slip and fall accident, hurt while using heavy equipment on a Vista construction site, or strain your back while lifting something at the office, Petrov Personal Injury Lawyers can help you seek workers’ compensation benefits.
For over a decade, our Vista workers’ compensation attorneys have helped our clients stand up to powerful insurance companies and employers in Southern California. Our tireless dedication has allowed us to recover millions on their behalf. Now it’s your turn to benefit from our experience, resources, and passion for helping others. Get in touch with our Vista, CA law office to schedule a free case evaluation and learn more.