Wear And Tear Work-Related Injury

Thousands of people in the San Bernardino area face significant risks in their workplaces every day. However, while most people imagine acute traumatic accidents when they think of work-related injuries, the reality is that most of the workers’ compensation claims filed in California each year pertain to acquired medical conditions or injuries that appear over time. These wear and tear injuries may gradually worsen until the worker is left unable to work and earn income. They may face expensive medical bills and wonder how they can recover from this kind of deteriorating injury.

Helping San Bernardino Workers Recover From Wear and Tear Injuries From Work

If you are struggling with a wear and tear injury you developed from your work, you can file a workers’ compensation claim through your employer. Nearly all employers in California must have workers’ compensation insurance, and every employer is required to facilitate their injured workers’ claims for benefits. Kampf, Schiavone & Associates has a team of experienced San Bernardino work injury attorneys who can help you navigate the claim and secure the benefits you need to recover.

How to File a Workers’ Compensation Claim in San Bernardino

Workers’ compensation insurance serves two important purposes in California. First, it provides financial compensation to injured workers, helping them recover from their workplace injuries with weekly disability benefits and coverage for their medical expenses. Second, it protects employers from civil liability for injured workers’ damages. You typically cannot file a civil suit against an employer for a work-related injury, but there are some exceptions to this rule.

After you develop an injury from work, you should notify your supervisor immediately of the injury and that you intend to make a claim. Once an employer becomes aware of an employee’s injury, they are legally required to provide the employee with the materials needed to file their claim for compensation. They must also create an incident report documenting the injury. If an employer takes any punitive or adverse action against an employee in response to their request to file a workers’ compensation claim, this is illegal retaliation, and the employer can face severe legal penalties for this behavior.

Once you have reported your injury and your employer has given you the materials needed to file your claim, an experienced San Bernardino work injury attorney is the ideal resource to consult for help with the actual claim-filing process. Your attorney can help gather any documentation and evidence you will need to submit to the insurance company so they can process your claim.

Proving Your Injury Resulted From Your Work

One of the most challenging aspects of workers’ compensation claims for wear and tear injuries is proving the injury resulted from the claimant’s work duties. Your San Bernardino work injury attorney can help prove that your injury was the direct result of your work duties and not some other cause.

You will need to undergo a medical examination from a workers’ compensation physician, who will review the extent of your injury and assign you a disability rating. This rating determines how much you can receive in benefits and for how long. The higher your rating, the more you will receive in benefits. If you disagree with the physician’s assessment of your condition, you can seek a second opinion.

Once you complete the preliminary requirements of your claim, you submit the claim to the insurance company. It will review the claim and deliver a determination of benefits. An injured worker should receive full coverage for their medical expenses and weekly benefits that replace the income they cannot earn while they recover. On average, a claimant will get about 67% of their average week’s wages each week up to a 104-week maximum. Some claimants will qualify to receive benefits for longer, while some will qualify for only partial disability benefits.

Partial disability benefits apply when a claimant can still work while they recover but cannot earn as much income. The claimant must report their earnings to the insurance carrier, and the benefits they receive will help make up the difference in their income. If you are awarded partial disability benefits, it is very important to ensure that you meet all reporting requirements so that you can maintain eligibility for benefits.

How Your Attorney Can Help You Recover

Filing a claim for workers’ compensation benefits is very similar to the process of filing most other types of insurance claims. However, you will encounter the added difficulty of your employer’s involvement in the process. It is possible to encounter legal problems with both your employer and their insurance carrier as you seek compensation for your injury. Having a seasoned San Bernardino work injury attorney assisting you with your claim can ensure you are fully prepared to deal with the legal issues you may encounter as you seek the benefits you legally deserve.

Some injured workers will have legal recourse outside of the workers’ compensation claim process. For example, if your employer doesn’t have workers’ compensation insurance as required by law, you can file a civil suit against them. You would also be able to take additional legal action if a third party outside of your workplace was responsible for your injury. However, most wear and tear injuries appear gradually over time from performing the same work duties every day, so personal injury claims against third parties are very rare for these injuries.

When you hire Kampf, Schiavone & Associates to manage your case, our goal is to help you recover from your injuries as fully as possible in the shortest time possible. Workers’ compensation benefits can be a valuable lifeline to anyone in this situation, but navigating the claim process can be very difficult without trustworthy legal counsel. It’s advisable to find a San Bernardino work injury attorney as soon as possible after you have made the decision to pursue workers’ compensation benefits for your wear and tear injury.

Workplace Wear & Tear Injuries FAQs

Q: Can I Be Disqualified From Workers’ Compensation Benefits in San Bernardino?

A: As long as your wear and tear injury resulted from your work, you should qualify to file for workers’ compensation benefits under California law. However, if you caused your own injury through willful violation of workplace safety rules, working under the influence of drugs or alcohol, or committing any type of crime while working, you cannot file for benefits.

Q: How Much Will I Receive in Benefits for a Wear and Tear Injury?

A: Most workers’ compensation claimants in California are able to recover full coverage for all of the medical care they need to reach full recovery. This includes both immediate treatment and ongoing rehabilitative care, which is often required for wear and tear injuries. Claimants can also qualify for weekly disability benefits for the time they cannot work. The total amount of workers’ compensation benefits you can claim depends on the severity of your injury and how much it prevents you from working, and for how long.

Q: Do I Really Need to Have a San Bernardino Work Injury Attorney?

A: It is possible to file a claim for workers’ compensation benefits in California without hiring an attorney, but you face several risks in doing so. If you want to maximize the benefits you obtain and prepare for any potential resistance from your employer and/or their insurance carrier, it is advisable to secure trustworthy legal counsel to guide you through your claim. Your San Bernardino work injury attorney can not only help file your claim and maximize your benefits, but they can also assist you in exploring further options for legal recourse if applicable to your case.

Q: How Long Does It Take to Resolve a Work Injury Claim in San Bernardino?

A: The average workers’ compensation claim only takes a few weeks to complete in California. However, some factors may increase the time it takes you to receive your benefits. Wear and tear injuries appear gradually over time, and if you intend to file a claim for benefits for this kind of injury, you will face the challenge of proving that the injury was a direct result of performing your job duties. Your San Bernardino work injury attorney can provide an estimate of how long it will take you to complete the claim process.

Q: How Much Will a San Bernardino Work Injury Attorney Charge for Representation?

A: The attorneys at Kampf, Schiavone & Associates take work injury cases on contingency. Therefore, you won’t pay anything for our representation unless we win. Instead, we will take a percentage of the total compensation we win for you as our fee, but only if we win. This billing policy ensures that the legal counsel you need is accessible and affordable when you need it most.

The attorneys at Kampf, Schiavone & Associates have successfully represented all types of work injury claims on behalf of San Bernardino clients, including those pertaining to wear and tear injuries. Whether you suffered an acute injury or acquired a medical condition over time, if the issue arose from your work duties, you could pursue workers’ compensation benefits. If you are ready to start working toward the benefits you need to recover, contact Kampf, Schiavone & Associates today and schedule a free consultation with a San Bernardino work injury attorney.