San Jacinto Work Comp Attorney

Many employees suffer workplace injuries. The workers’ compensation process in San Jacinto serves injured workers by providing benefits and financial support. This process can be hard to deal with as you or your loved one focuses on recovery, financial strains, and other stressors.

A reliable and experienced workers’ compensation attorney can take some of that stress away and can improve the outcome of your claim. You could be suffering from an injury or disability because of an accident, or a sickness or condition that has come about from performing your job duties. If your injury or illness resulted from your workplace or your employer, you have the right to file for a workers’ compensation claim.

Let Kampf, Schiavone & Associates Represent You

At Kampf, Schiavone & Associates, we have an experienced team with decades of experience, in-depth legal knowledge, and the resources necessary to successfully handle your case. We are committed to bringing you and your loved ones exceptional representation and counsel. We can help you with every step of the filing, including appeals, negotiations, and litigation if that is necessary for winning your claim. Workers deserve safe environments, and you deserve compensation for illness or injury suffered.

Understanding Workers’ Compensation

Workers’ compensation insurance is required by California law for every employer. This insurance, necessary for any company that employs one or more employees, is there to cover damages if an employee is harmed in their place of work. It provides benefits such as disability benefits, coverage of medical bills, job displacement benefits, and more.

By submitting a workers’ compensation claim, an employee can recover compensation for damages. It may cover past and future medical costs, loss of future potential earnings, and even job retraining.

Do I Need a Workers’ Compensation Attorney?

A San Jacinto work comp attorney can lessen your stress and prevent common mistakes during the filing process. Advantages of working with Kampf, Schiavone & Associates include:

• Your case is in good hands. There are many ways a claim can get derailed by employers, insurance providers, or even mistakes on your claim. Attorneys can prevent these mistakes and represent your side of the story if your employer attempts to deny your injury claim or workplace conditions. Our attorneys will gather the necessary evidence and prepare your claim carefully to successfully reach a settlement without getting halted by these issues.
• The settlement will be well-negotiated. Often, workers will receive an initial settlement offer that is well below what their injuries are costing them. Unfortunately, employers or insurance companies will attempt to limit liability and expense by proposing this unfair settlement. Our experienced attorneys have dealt with this many times and know how to effectively negotiate a better deal that covers your financial expenses and losses.
• You can maximize your settlement benefits. An attorney can guide you on which avenue is best for your claim and can negotiate larger settlements than what you might be able to receive on your own.
• You protect yourself from retaliation. It is illegal for your employer to interfere with your workers’ compensation claim. If your employer reduces your hours and pay, demotes you, or fires you, your attorney can help you take legal action against this.

If your application for workers’ compensation is denied, legal counsel is useful in appealing this decision. If negotiations for compensation are unfavorable, litigation may be necessary. In both these cases, you’ll want legal representation, and it’s useful to already be working with an expert who knows your circumstances and claim.

Workers’ Compensation Claim Compared to Personal Injury

Workers’ compensation is meant to be an alternate way of filing personal injury claims which protects employers financially. Personal injury claims are filed because of another person’s negligence or carelessness. Workers’ compensation claims are filed because the injury resulted from your job duties, workplace hazards, or something else caused by your employer.

If a work-related injury happens outside the bounds of workers’ compensation insurance, you have to file a personal injury claim and then prove the employer is responsible before you can file workers’ compensation. This significantly delays your ability to receive compensation.

The workers’ compensation system places limits on both employers and employees. Once you file a workers’ compensation claim, you’re then unable to file for personal injury, even if your injury was caused by your employer’s negligence. However, if harm was done to you purposefully, you may be able to file both types of claims. You might also be able to file a personal injury claim against another party in addition to your workers’ compensation claim against your employer. A workers’ comp lawyer will be able to determine the best steps for your situation.

Who Is Eligible for Workers’ Compensation?

Workers’ compensation generally covers all employees who suffer an injury or develop a condition in the workplace or while performing off-site job duties. Some employee categories are not eligible, including:

• Independent contractors
• Business owners, except for roofing company owners
• Domestic workers who are related to their employer
• Aid workers
• Volunteers
• Deputies
• Student sports officials

Federal government employees don’t receive state workers’ compensation because they are generally covered by federal workers’ compensation.

Some circumstances will disqualify your injury from receiving workers’ comp. If your injury resulted from negligence on your part while on the work site or performing job duties, you will still generally be covered. You may be unable to receive compensation, though, if:

• You were under the influence of drugs or alcohol when you were injured.
• You were violating state or federal laws at the time of injury.
• You were violating company policy when you were injured.
• You were not on the work site, and you were not completing job duties.
• You intentionally caused yourself harm.

There are many other ways that employers and insurers may try to raise doubt about the legitimacy of your claim. If you’re unsure if you qualify for workers’ compensation, speak with an attorney.

When Should I Hire a Workers’ Comp Lawyer?

If you filed a workers’ comp claim, situations you’ll want legal counsel include:

• Your employer is denying your claim. To avoid liability, some employers will try to claim your injury doesn’t exist or wasn’t caused at work. An attorney will know what steps to take if your employer is treating you unfairly and denying your claim.
• The insurance company is offering you an unfair settlement. This is a common tactic by employers or their insurance companies to lessen their liability and expenses. Your settlement should at least cover medical expenses and lost income. If you’re offered a low settlement, an attorney can negotiate for better terms.
• There is another party responsible for your injury. When a claim involves more than just your employer, it becomes more complex and will be easier to manage with legal counsel. The third-party responsibility for your injury may result in a personal injury claim in addition to your workers’ comp claim.

An attorney can navigate these situations successfully and avoid common mistakes that may cost you time in proceedings.

What Percentage Does a Workers’ Comp Attorney Get in California?

In California, many workers’ compensation claims are handled by attorneys via contingency fees. This means they are paid a percentage of your settlement, and you don’t pay out-of-pocket fees. Depending on how complex your case was, the case will be assigned a percentage anywhere from 9% to 15%. This is the percentage that goes to paying your attorney.

Types of Workers’ Compensation Benefits

Depending on the severity and type of injury you sustain, you may be eligible for one or multiple benefits in a claim. This includes:

• Medical coverage. This covers any medical costs associated with your injury.
• Temporary disability payments. This provides you with temporary benefits while you are unable to work.
• Permanent disability payments. If your injury disables you so you are permanently unable to work, disability payments provide you with financial support.
• Life pension payments. These benefits apply if you’ve been severely disabled.
• Vocational retraining. If you can’t perform your current job, but could still do other work, these benefits pay for training or education for a new field of work.
• Death benefits. These are benefits to family members who have lost a loved one from a workplace injury.

Retaliation for Workers’ Compensation

If you are making a legitimate claim for workers’ compensation, it is illegal for your employer to interfere. Unfortunately, because a claim can raise an employer’s premium rate, they may still retaliate against injured employees. An employer may demote you, terminate your employment, create a difficult schedule or workspace, or create a hostile environment that forces you to quit. If you’ve faced any of these retaliating behaviors, your attorney can work with you to determine what legal actions need to be taken.

Kampf, Schiavone & Associates Can Help You

Working with the experienced team at Kampf, Schiavone & Associates can provide you with an easier filing process, help from a legal expert, and much more compensation from the case than you might be able to get on your own. Let us protect your rights. Contact us today.