Victorville Workers’ Compensation Lawyers

Workplace injuries and illnesses affect many Californians each year; they rely on their Workers’ Compensation benefits to cover their medical bills and missed paychecks. However, the process is not always straightforward. Much of the time, these claimants face delays and denials that jeopardize their benefits.

Lerner, Moore, Silva, Cunningham & Rubel has represented injured workers facing those hurdles. We skillfully advocate for employees in a variety of industries, from construction and manufacturing to healthcare and retail. Our Victorville Workers’ Compensation lawyers protect our clients’ rights while addressing the requirements set by California law.

What Benefits Are Available Through Workers’ Compensation?

California law allows injured employees to pursue medical treatment, temporary disability benefits, permanent disability benefits, and vocational rehabilitation through the Workers’ Compensation system. These benefits are intended to help employees recover physically and financially after suffering job-related injuries and illnesses.

How Long Do Employees Have to Report an Injury in Victorville?

Our workers in California are generally required to notify their employer of an injury within thirty days. Prompt reporting allows employers to begin the claims process and provides documentation of the incident. Failing to report within the required timeframe may impact the ability to collect benefits.

Why Do Claims Get Denied?

Our Victorville Workers’ Compensation lawyers see claims denied for a variety of reasons, including missed deadlines, disputes about whether the injury is work-related, or insufficient medical documentation. Employers and insurers sometimes argue that injuries occurred outside the workplace or that medical treatment is not necessary. Denials can often be challenged with additional evidence or legal representation.

Can Employees Choose Their Own Doctor?

In many cases, an employer or their insurer provides a medical provider network for workers to use. Employees may be required to see an approved doctor at least initially. Under certain circumstances, workers may have the right to change physicians after the first appointment or request treatment from a provider outside the network.

What Types of Injuries Qualify for Workers’ Compensation?

Sudden injuries and occupational illnesses may qualify for benefits. This includes accidents such as falls, machinery injuries, and lifting-related strains, as well as long-term conditions like repetitive stress injuries or exposure-related illnesses. Psychological conditions related to work may also be recognized under certain circumstances.

How Do Temporary Disability Benefits Work?

Temporary disability benefits provide partial wage replacement for employees who cannot work due to an injury. These payments are generally based on two-thirds of the worker’s average weekly wages, up to a state-mandated maximum. Payments are available until the employee can return to work or reaches maximum medical improvement.

What Happens if an Employee Cannot Return to Work?

If an injury prevents an employee from returning to their previous position, permanent disability benefits may be available. In addition, workers may qualify for supplemental job displacement benefits to assist with retraining or education in a different field. The amount of benefits depends on the severity of the impairment and the employee’s ability to work in the future.

Do All Workplace Injuries Require a Claim?

Employees are required to file a claim if they wish to pursue benefits through Workers’ Compensation. Even if medical expenses appear manageable at first, an injury may worsen over time, and having a claim on record can help protect future rights. Filing a claim also provides a formal process for documenting the incident.

How Long Does the Claims Process Take in Victorville?

The length of the claims process depends on the circumstances. Straightforward claims may be processed within a matter of weeks, while disputed cases can take months or longer. Factors such as medical evaluations, employer responses, and appeals can influence the timeline. Our Victorville Workers’ Compensation lawyers do everything in their power to streamline the process for our clients.

How Are Permanent Disability Benefits Calculated?

Permanent disability benefits are based on a formula that considers the worker’s medical evaluation, age, occupation, and extent of impairment. Ratings are assigned by physicians, who then determine the amount and duration of benefits. Disputes often arise over these ratings, making accurate medical documentation important.

What Role Do Independent Medical Examiners Play?

When there is a disagreement between the employee’s treating physician and the insurance company, an independent medical examiner may be brought in. This doctor evaluates the worker’s condition and provides a report that can influence the outcome of the case. These evaluations are intended to be impartial, and the results can significantly impact benefit decisions.

What Should I Do if My Claim Is Denied?

If a claim is denied, employees have the right to file an appeal with the California Workers’ Compensation Appeals Board. That involves submitting additional evidence, medical records, or testimony to support the claim. Our Victorville Workers’ Compensation lawyers can help you build a stronger case during the appeals process.

Why Is Legal Guidance Helpful in Workers’ Compensation Cases?

Challenging a Workers’ Compensation delay or denial involves strict rules, deadlines, and detailed medical evidence. Employees may find it challenging to address disputes with employers or insurance carriers without legal representation, especially when they are recovering from an injury or illness.

Are Independent Contractors Eligible for Workers’ Compensation?

Independent contractors are generally not covered under California’s Workers’ Compensation system. However, disputes sometimes arise over whether a worker has been misclassified. Courts and agencies review the nature of the working relationship to determine whether a worker should legally be considered an employee.

What if the Employer Does Not Carry Workers’ Compensation Insurance?

California law requires most employers to maintain Workers’ Compensation insurance. If an employer does not provide coverage, injured employees may seek benefits through the Uninsured Employers Benefits Trust Fund. This program provides compensation to qualifying workers and may also take legal action against noncompliant employers.

Our Victorville Workers’ Compensation Lawyers at Lerner, Moore, Silva, Cunningham & Rubel Fight to Protect Injured Employees’ Rights

If you need legal guidance with a claim, contact our Victorville Workers’ Compensation lawyers at Lerner, Moore, Silva, Cunningham & Rubel. Call 909-889-1131 or complete our online form today for a free consultation. We have offices in Ontario and Victorville, California.