I Got Injured on the Job – Now What? Part 2
Find a Workers’ Compensation Lawyer
A workers’ compensation lawyer will represent you and help you get the benefits you deserve. They will obtain your medical records, fill out your workers’ compensation claim form, draft legal documents, and go through the investigation/discovery process on your behalf. This could include representing you at your deposition or taking the deposition of medical experts or your treating doctor. Additionally, your lawyer will go to court for you and negotiate for what they believe to be a fair settlement for you. As your case progresses through the legal system, they’ll be there to answer your questions and address your concerns regarding your case.
When you initially reach out to a workers’ compensation lawyer, they will give you their opinion as to whether or not you have a workers’ compensation matter worth pursuing. This will entail a very detailed analysis of the facts and circumstances surrounding your injury, as well as your continued symptoms and complaints.
It is important to note that if you had a preexisting condition and it worsened while on the job, you could be entitled to benefits. For instance, let’s say you had mild carpal tunnel that got worse because you had to type all day long at your job. If you could prove the typing led to an aggravation of your injury, you could potentially obtain full benefits for that aggravation
An additional benefit of the workers’ compensation system is that it typically protects your employer from being sued, as well as your employer from suing you. Therefore, if you file a workers’ compensation claim, you usually cannot also sue your employer. But there are exceptions. If there is another person or company involved, then you could potentially have a right of action against them. For example, maybe you were driving a company truck when another vehicle hit you and you got injured. You could file for workers’ comp as well as start a personal injury claim against the driver’s insurance company to collect your compensation for your injuries and damages.
Send in Your Workers’ Compensation Claim Form
Your employer is legally obligated to give you a workers’ compensation claim once you report your accident. Your workers’ compensation lawyer can prepare the forms on your behalf. You’ll need to include information like how the accident happened, when it happened and the kind of injuries you sustained, as well as the extent (seriousness) of your injuries.
Contacting a Workers’ Compensation Lawyer
Work environments are supposed to be safe. When employers fail in that capacity, employees have the right to utilize workers’ compensation system to help to compensate them for their injuries, and obtain other disability benefits as well.
With a workers’ compensation lawyer on your side, you can file your claim the proper way and have a better chance at getting the compensation you deserve. It’s best to hire an experienced lawyer who knows what they are doing when it comes to workers’ comp. In that regard, always consider retaining a Workers’ Compensation Specialist certified by the State of California. A specialist has not only met some significant experience requirements, he/she has also passed the Legal Specialization exam an has typically been supported (in writing) by other attorneys and/or Judges before his/her certificate of specialization will be approved.
If you’re ready to pursue your workers’ compensation claim, call the experienced workers’ compensation attorneys at Heiting & Irwin at 951-682-6400, or contact our office online to schedule a free consultation as soon as possible. Richard Irwin has been a certified specialist in Workers’ Compensation Law for several years and handles only workers’ compensation cases. He will aggressively pursue all the compensation and benefits available to you within the workers’ compensation system.