LAW FIRM SPECIALIZING IN
WORKERS' COMPENSATION CASES
Suffering an injury at work can be a daunting physical and emotional experience. Apart from dealing with the pain and trauma of the injury itself, you may also face medical bills, lost wages, and a range of other challenges that can take a significant toll on your well-being. This is where workers’ compensation comes in.
Workers’ compensation is a system designed to provide financial and medical support to injured employees. However, navigating the workers’ compensation process can be complex and overwhelming, so it is crucial to seek the assistance of a skilled and experienced workers’ comp lawyer.
At Abogados de Accidentes Ahora, we specialize in workers’ compensation cases and have helped numerous clients obtain the compensation they deserve.
We are proud to serve clients in these states: California, Colorado, Washington, Arizona, Texas, and Nevada.
TABLE OF CONTENTS
WHAT IS A
WORKERS' COMPensation LAWYER?
A workers comp attorney, also known as a workers compensation lawyer, is a lawyer who specializes in workers’ compensation matters. These lawyers are knowledgeable in workers’ compensation law, which governs the legal rights and benefits available to employees injured on the job. They can provide legal guidance, support, and help injured workers obtain the compensation and benefits they are entitled to under the law. Work accident lawyers can also assist in disputes over workers’ compensation claims, such as denials or reductions of benefits.
Did you know?
You do not need to be a legal resident of the United States to receive most workers’ compensation benefits.
WHAT IS WORKERS' COMPENSATION?
Workers’ compensation, also known as “workers comp,” is a system in which companies provide benefits to injured workers. Workplace injuries can happen in any job, but some industries, such as construction and food services, may have a higher risk. When you hurt yourself at work, workers’ compensation can help pay for medical bills, supplement lost wages, and support short-term disability. Your company’s insurance provides these benefits to help you recover from your injury. They also offer training for a new career if injuries prevent you from returning to your previous profession.
In the event of a workplace injury, a workers’ compensation lawyer can guide the injured worker through the process of filing a claim. They help ensure that all necessary documentation is completed accurately and submitted within the required deadlines. This includes medical records, accident reports, witness statements, and other relevant evidence that supports the claim for benefits.
Moreover, a workers’ compensation lawyer can effectively negotiate with insurance companies on behalf of the injured worker. Insurance companies often try to minimize their financial liability, which can result in denied or reduced claims. The lawyer’s expertise allows them to advocate for the injured worker’s rights, present a strong case, and negotiate for a fair settlement that covers medical expenses, lost wages, and any necessary vocational retraining.
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We can help you in:
- California, Nevada, Texas y Arizona
- Inglish or Spanish
- Confidentially and without any obligation
HOW MUCH DO
WORKERS’ COMP LAWYERS CHARGE?
Hiring a workers’ compensation lawyer may be more affordable than you think. Workers’ compensation attorneys usually do not require payment upfront.
Most workers compensation lawyers work on a contingency fee basis, charging a small percentage of the settlement amount for their legal fees. If the lawyer does not win your case, they will not charge anything. As a result, the financial risk of hiring a workers’ compensation lawyer is generally low. Find a workers compensation attorney who can provide a free case evaluation.
HOW LONG DOES A
WORK ACCIDENT CASE TAKE TO SETTLE?
The timeline for resolving a work accident case can vary depending on many factors, including the injury’s severity, the case’s complexity, and the specific laws and regulations in your state. Some workers’ comp cases may be resolved in as little as a few months, while others may take several years to resolve. Our experienced workers’ compensation lawyer can discuss the expected timeline based on your circumstances and will work diligently to ensure your case settles quickly and fairly. Contact us today for a free initial consultation.
HOW DOES A
WORKERS’ COMP CLAIM WORK?
Workers’ comp claims require many forms and procedures before an injured worker can collect benefits.
The process typically begins with the employee reporting the injury to their employer, who then files a claim with the company’s workers’ compensation insurance provider.
Once the claim is filed, an investigation will be conducted to determine the claim’s validity and the extent of the injury. If the claim is approved, the employee will receive benefits such as medical expenses, lost wages, and rehabilitation services.
Unfortunately, even the slightest mistake or missed date can cause a claim to be denied, forcing the injured worker to navigate a convoluted appeals process.
Many employees resign and lose their right to workers’ compensation. Others try to file the claim themselves and face an uphill battle.
Hiring a work injury lawyer will give you the best chance of receiving the maximum payments to which you are entitled. Our attorneys can assist you no matter where you are in the claims process.
WHO DOES NOT QUALIFY FOR
WORK ACCIDENT INSURANCE BENEFITS?
In many states, some regulations exclude certain types of employees from receiving workers’ compensation benefits. These exclusions can vary from state to state but generally include the following:
Independent contractors: Individuals considered independent contractors rather than employees are typically not covered by workers’ compensation insurance.
Entrepreneurs: Self-employed individuals who do not have any employees are generally not eligible for workers’ compensation benefits.
Volunteer workers: Workers who perform services without receiving payment or other compensation may not be covered by workers’ compensation insurance.
Domestic employees: Some states may exclude domestic employees, such as nannies or housekeepers, from workers’ compensation coverage.
Agricultural and farm workers: Agricultural and farm workers may not be covered by workers’ compensation insurance in some states.
Maritime employees: Workers employed on boats or other vessels may be covered by different laws and regulations and may not be eligible for workers’ compensation benefits.
Railway employees: Railroad workers are covered by a separate system of workers’ compensation and are not typically covered by state workers’ compensation insurance.
Eligibility for workers’ compensation benefits can be complex; if you are unsure whether you are eligible, we recommend consulting with an experienced workers’ compensation lawyer.
20 MOST COMMON TYPES OF
WORKPLACE ACCIDENTS AND INJURIES
Having an accident at work can result in a wide range of injuries, varying in severity and impacting your ability to work. Here are 12 of the most common workplace accidents, according to the National Safety Council, OSHA, and data collected annually by Liberty Mutual Insurance from the US Bureau of Labor Statistics (BLS) and the National Academy of Social Insurance:
-
Sprains and strains:
Injuries to ligaments, muscles, or tendons due to overstretching or tearing. -
Fractures:
Broken bones resulting from traumatic impact or excessive force. -
Back and neck injuries:
Including herniated discs, spinal cord injuries, strains, and sprains. -
Head injuries:
Traumatic brain injuries (TBIs), concussions, skull fractures, or other head traumas. -
Repetitive strain injuries (RSIs):
Conditions like carpal tunnel syndrome, tendonitis, or bursitis caused by repetitive motions or overuse. -
Burns:
Thermal, chemical, or electrical burns ranging from minor to severe. -
Psychological injuries:
Mental health conditions like post-traumatic stress disorder (PTSD), anxiety, or depression resulting from workplace accidents or traumatic events. -
Crush injuries:
Severe injuries caused by compression or crushing forces, often seen in construction or industrial accidents. -
Electric shocks and electrocution:
Injuries from contact with electrical sources lead to burns, heart rhythm disturbances, or even death. -
Toxic exposure:
Illnesses from exposure to hazardous chemicals, gases, or substances in the workplace.
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Cuts and lacerations:
Wounds caused by sharp objects, machinery, or tools. -
Amputations:
Loss of a body part, such as a finger, hand, arm, toe, foot, or leg. -
Vision or hearing loss:
Injuries affecting eyesight or hearing due to accidents or exposure to hazardous conditions. -
Respiratory injuries:
Occupational lung diseases like asbestosis, silicosis, or chronic obstructive pulmonary disease (COPD) due to exposure to harmful substances or poor air quality. -
Occupational diseases:
Illnesses or conditions resulting from long-term exposure to occupational hazards, such as mesothelioma from asbestos exposure or dermatitis from chemical contact. -
Internal organ injuries:
Damage to internal organs caused by blunt force trauma or accidents. -
Eye injuries:
Damage to the eyes due to foreign objects, chemicals, or trauma. -
Dislocations:
Displacement of joints from their regular positions, leading to pain and limited mobility. -
Falls:
Injuries sustained from slips, trips, or falls, ranging from minor bruises to severe fractures or head injuries. -
Heat-related injuries:
Heat exhaustion, heat stroke, or other heat-related illnesses from high-temperature environments.
This list is not exhaustive, and other types of injuries can occur in a workers’ compensation accident. The severity and consequences of these injuries can vary greatly.
WHEN SHOULD I CONSULT WITH A
WORK ACCIDENT ATTORNEY?
Many injured workers believe that they don’t need the help of a workers’ compensation attorney, as they trust that the workers’ compensation system will protect them. However, there are certain situations where it’s essential to consult with an attorney to ensure you receive the maximum compensation you deserve.
You should consult with a work accident attorney when:
- Your employer refuses to accept that your injury occurred in the workplace.
- Your employer does not report your accident to the insurance company.
- Compensation is delayed, denied, or does not cover all medical bills and lost wages.
- You are unable to work for an extended time.
- Facing retaliation for filing a claim
- Your employer disagrees with you about your ability to work
- The company does not have workers' compensation insurance.
- Your company or its insurer tries to avoid compliance with a judge's order.
- A doctor authorized by the company discharges you early.
- You suffer emotional or mental trauma after the accident.
- It's not clear what exactly caused your work injury.
Remember, workers’ compensation is the responsibility of the employer and insurance company, and they may deny you the maximum compensation you deserve. An experienced work accident attorney can help you navigate the process and protect your rights.
WHAT SHOULD I DO IF
I GET HURT AT WORK?
If you get injured at work, there are several steps you should take to protect your health and your legal rights:
Seek medical attention:
- Call 911 or go to the emergency room if your injury is severe.
- If it’s not an emergency, inform your employer and seek medical attention as soon as possible.
- Tell the doctor about your injury at work, and provide details about how it occurred.
Report the injury to your employer:
Notify your employer of the accident as soon as possible. Reporting the accident is important because there are usually time limits for claiming work-related injuries. If you fail to report your injury within a specific timeframe, you may lose your right to receive workers’ compensation benefits.
Document the injury:
- Keep a record of the accident and your injury.
- Write down the details of the injury, including the date, time, location, and any witnesses.
- Take pictures of the injury and the place where it occurred.
File a workers’ compensation claim:
If you need medical treatment or time off work to recover, you may be entitled to workers’ compensation benefits. Your employer should provide you with the necessary forms and information to file a claim. Follow the instructions carefully and submit the claim as soon as possible.
Consult with a work accident attorney:
If your employer or insurance company denies your claim or you are not receiving the full benefits you believe you are entitled to, it may be time to consult with a work accident attorney. They can help you navigate the legal process and protect your rights.
Resources:
Texas Department of Insurance
California Department of Industrial Relations
Arizona Industrial Commission
GET HELP TODAY
Call our truck accident lawyers today. Contact Abogados de Accidentes Ahora. We have offices in California, Texas, Arizona, Washington, Colorado and Nevada. We speak English and Spanish!
If you can’t come to one of our offices, we’ll come to you.
Number of occupational injuries and illnesses reported in 2021
The graph below shows the number of injuries and illnesses reported during the year 2021, according to the U.S. Bureau of Labor Statistics. There is no doubt that the industries most popular among Hispanic workers are coincidentally some of the industries with the highest risk of injury.
FILING A WORKERS' COMPENSATION CLAIM
In the United States, if you get injured at work, generally, you cannot sue your employer. However, you can hold them accountable for your injuries through the workers’ compensation process.
If your compensation claim is denied, you have the right to appeal.
1. The first step is to report the work accident.
Most states in the United States require employers to have workers’ compensation insurance, and failure to comply may result in fines and lawsuits. However, the process of filing a claim can vary from state to state and can be complex.
If you are injured at work, you must report the incident to your supervisor or manager as soon as possible to avoid losing benefits. After notifying them of your accident, your employer should provide you with the relevant forms and paperwork to file a workers’ compensation claim with the insurance company.
2. Complete the forms.
You will need to complete the forms and provide documentation of your injury, and your employer will file the claim with the insurance company on your behalf. You may also need to report the injury to your state’s workers’ compensation agency or board.
If your employer and their insurance accept that your injuries were the result of a work-related accident, your benefits will be granted.
WHAT TO DO WHEN THERE IS
A DISPUTE WITH YOUR WORK ACCIDENT CLAIM
If the employer or insurer disputes your work accident claim, you may need to challenge the decision. The process for doing so will vary by state but typically involves presenting your case before a court or workers’ compensation agency.
If the court or agency determines that your work caused your injury or illness, you will receive the compensation you are entitled to. Otherwise, you may not receive anything.
If you are facing a disputed work accident claim, seek the assistance of a law firm specializing in workers’ compensation cases. A good lawyer can advise you on your options and protect your rights against unfair companies and insurers. They can also help you navigate the complex process of appealing a denied claim.
At Abogados de Accidentes Ahora, our experienced workers’ compensation lawyers are dedicated to helping injured workers get the compensation they deserve. We can help you understand your legal options and guide you through the appeals process. Contact us today at 800-417-8034 or via online chat to schedule a consultation.
ADDITIONAL INSURANCE OPTIONS
FOR WORK-RELATED ACCIDENTS
In addition to worker’s compensation, victims of work-related accidents may be eligible for various types of insurance coverage to support their medical expenses, lost wages, and rehabilitation. Here are some of the different types of insurance coverage that may be available:
Disability Insurance:
Disability insurance provides income replacement if an employee is temporarily or permanently disabled due to a work-related injury or illness. It may cover a portion of the injured worker’s wages during their recovery or provide long-term disability benefits if the injury results in permanent disability.
Health Insurance:
Depending on the jurisdiction and the specific circumstances, health insurance may cover medical expenses related to work-related injuries or illnesses. This can include hospitalization, surgeries, medications, and ongoing treatment.
Life Insurance:
In the unfortunate event of a fatal work-related accident, life insurance can provide financial support to the dependents or beneficiaries of the deceased worker. It typically pays out a lump sum benefit to help cover funeral expenses and provide ongoing financial support.
Personal Injury Protection (PIP) Insurance:
PIP insurance is available in some jurisdictions and provides coverage for medical expenses and lost wages resulting from a work-related accident, regardless of who was at fault. It is often associated with automobile accidents but can also apply to specific work-related transportation incidents.
Occupational Accident Insurance:
This type of insurance is usually purchased by independent contractors or self-employed individuals who may not be covered by traditional workers’ compensation. It provides benefits similar to workers’ compensation, including medical expenses, disability benefits, and accidental death and dismemberment coverage.
The availability and specific terms of insurance coverage can vary depending on the circumstances, employment status, and the policies in place. Injured employees should consult with a legal professional to understand the options and benefits they are entitled to in their specific circumstances.
ABOGADOS DE ACCIDENTES AHORA
WORKERS’ COMPENSATION ATTORNEYS
Abogados de Accidentes Ahora, a trusted Hispanic law firm, is dedicated to assisting work accident victims recover compensation for their injuries. With over 13 years of experience in personal injury claims, you can rest assured your case is in the right hands. We understand the immense impact and challenges that arise from work-related injuries, and we are here to support you every step of the way.
With a remarkable 98% success rate, our experienced team of bilingual lawyers and staff is uniquely positioned to cater to the unique needs of the Hispanic community. Contact us today for compassionate legal representation to ensure your needs are taken care of and your rights are protected.
Contacta con nuestros abogados especialistas en lesiones personales y recibe asesoría con tu indemnización por accidente laboral
Para asegurarte de obtener la ayuda y los beneficios que mereces, habla con uno de nuestros abogados expertos en lesiones laborales para una evaluación inicial de tu caso, sin costo alguno para ti. Nuestros abogados pueden asistirte dónde sea que te encuentres en el proceso de reclamación.
Recuerda que cada minuto cuenta después de una lesión en el trabajo. Posponer un reclamo o hablar con un abogado puede privarte de obtener los beneficios que mereces.
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