Chula Vista Workers Compensation Attorney

Chula Vista Workers Compensation Lawyers

Workplace injuries are serious matters that can negatively impact your mental and physical health. They can also prevent you from performing the duties required by your employer or finding work in the future. The key to staying employable is maintaining your health, but an injury on the job can compromise your efforts and you may find yourself unable to work or support your loved ones. If you are injured at work, it can rob you of your ability to actively work and your sense of stability.

Fortunately, individuals who are injured at work have options for compensation. If you find yourself in need of assistance with a workplace injury claim in Chula Vista, there are programs and legal resources available that you can take advantage of to keep yourself financially afloat.

Although technology has helped work-related injuries and work-related illnesses decrease over the years, approximately 3 million American workers still sustain injuries and become sick for work-related reasons. In more than half of these cases, the injury or illness was severe enough to result in the worker receiving a job transfer or having their duties significantly restricted. When workers sustain serious work-related injuries or illnesses, they usually need to take time off. In other cases, workers must quit actively working in their field altogether and seek a different path of employment.

Chula Vista Workers Compensation Attorney

What Types of Events Count as Workplace Accidents?

More specifically, you may be wondering what types of accidents or injuries in the San Diego area lead to a claim for workers' compensation.

The answer is not as simple as one might think. Workplace injuries and accidents can vary depending on which line of work is involved. The risk of injury for blue-collar workers varies widely, and the injury itself can fall into a number of categories. For manual workers, the hazards can range from:

  • Limbs caught or crushed in machinery
  • Slips or falls on projects, or in working facilities
  • Accidents involving scaffolding
  • Accidents involving heavy machinery
  • Electrical injury accidents 
  • Exposure to hazardous materials or chemicals

Office workers, also known as white-collar workers, can sustain injuries on the job in other ways. Some of the hazards for white-collar workers include:

  • Circulation issues and carpal tunnel syndrome
  • Slips or falls
  • Mental health issues such as depression
  • Illness from poor air quality
  • Physical issues like eyestrain or back pain
  • Hearing problems from monitors, headsets, and other office equipment

Any type of injury sustained at work due to another’s negligence or improperly used machinery or materials can lead to a claim for workers' compensation. If you experience an incident that negatively affects your ability to perform required tasks, you should consider exploring the policies for worker’s comp in your state to see if your type of injury is covered. If you are unsure of where to start, a skilled workers’ compensation attorney can help you access resources and help you determine your eligibility for compensation. The expert attorneys at Mitchell Law Corporation can help you learn whether you have an actionable claim against your employer and get the compensation you deserve.

What Is Not Covered Under Workers’ Compensation?

Over the years, companies have found several ways to avoid making workers’ comp payments to workers who sustain workplace injuries or who become sick. In many of these situations, the company will attempt to refute worker claims due to the following:

  • They claim that a sustained injury or accident happened during a fight.
  • They claim that the injured worker was actively engaged in horseplay that led to their injury.

The following circumstances can also result in an injury that is not covered under workers’ compensation:

  • The accident or injury occurred while a worker was intoxicated or under the influence of drugs.
  • The accident or injury was intentional or self-inflicted.
  • It was a stress-related injury or an injury that is classified as a mental health disorder.

Unfortunately for workers, many companies implement policies that enable them to take advantage of excuses when accidents occur. Some companies may request a drug test after a workplace accident and use the test results as an excuse to avoid paying an injured worker, even though they may not have been on drugs when the accident occurred. Other times, companies will place sole blame on the worker, stating that their failure to adhere to the rules caused the accident. Most work-related accidents lead to claims for worker’s compensation, so many companies will go to great lengths to avoid making worker’s comp payments.

Attorneys who specialize in worker’s compensation understand this reality and are equipped to assist sick and injured workers with claims against employers who want to avoid accountability.

Hiring a Workers’ Compensation Attorney

Hiring an attorney who knows the ins and outs of worker’s compensation laws is a way for you to protect yourself when your company tries to avoid accountability for your work-related accident or injury. Hiring a workers’ compensation attorney also ensures that you can reach a satisfactory settlement for your personal injury claim. An attorney who understands how to navigate through the tactics of avoidant employers can help you make your case with confidence.

If you are located in the Chula Vista area, the workers’ compensation attorneys at Mitchell Law Corporation are here to advocate for you. Our attorneys are experts in workers’ compensation matters, and we have the resources to help you advocate for your rights if you are eligible for compensation. Our attorneys are skilled at helping clients make sound and substantiated claims for worker’s compensation, and we can help you hold your company responsible for your work-related injury.

Our attorneys are aware of the financial relief that workers’ compensation can provide to clients and their families. Therefore, injured workers who believe that they have the right to worker’s compensation are encouraged to seek legal assistance. If you feel that you are entitled to compensation, give yourself a legal advantage and look into getting help from an experienced compensation attorney.

The Importance of Worker’s Compensation

Worker’s compensation is a basic program throughout the United States that provides relief to injured workers and their families in their time of need. Many U.S. households rely on the income of one family member. When that individual suffers a work-related accident or injury, the entire family is impacted. With a sole income, many families find themselves with few options for survival while the breadwinner recovers or regains employment. In some cases, the sole breadwinner suffers permanent injuries, which means that the household becomes unstable indefinitely.

It would be highly unfair if companies were able to avoid accountability when their workers were legitimately injured or became sick due to workplace negligence. Workers’ compensation helps workers so that companies can be held responsible for workplace injuries and allows workers and their families to transition through the ordeal with peace of mind.

Attorneys who advocate for injured workers understand the serious impact of an injury on workers and the lives of their families. With skill, experience, and dedication, the workers' compensation lawyers at Mitchell Law Corporation work to get injured clients the results they deserve.

What Are the Different Types of Workers' Compensation Benefits?

Different types of workers’ compensation are available to eligible workers through the workers’ compensation program. In some cases, the family of the injured or sick worker can even receive compensation. Workers' compensation is typically calculated based on the wage of the injured worker and how much time they missed due to the accident.

The details of the injury or illness frequently determine the type(s) of compensation received, and the payment amount in each of the following categories varies depending on the worker and the circumstances of their accident. Workers eligible for compensation may be eligible for these forms of payment:

Short-term Workers’ Compensation

One advantage of workers' compensation is that it can provide workers with coverage for expenses that would otherwise drain their resources, like medical bills. Workers’ compensation also helps injured workers recoup any wages they lost while they were out of work, further reducing financial strain. If a worker is out of work for a period of 12 weeks due to work-related injuries, workers' compensation can make up for the time the worker was out – paying the worker a sum comparable to their normal wage. Depending on the circumstances of the case, short-term workers’ compensation, also known as temporary workers’ compensation, can cover an injury for up to two years.

Permanent Workers’ Compensation

There are cases when short-term workers’ compensation fails to cover the full extent of the expenses involved in a workers’ compensation claim. Some workers are injured so severely that it leaves them unable to return to the workforce, and they can no longer perform the tasks they were once able to. For instance, if a worker has their leg crushed by a falling heavy object, they may be incapable of continuing to work at their loading job with a severely damaged limb. When this happens, permanent worker’s compensation is the appropriate solution.

When workers are permanently unable to resume their current job, they will need to look for employment in a different line of work. However, finding a job under these circumstances can be difficult, especially if workers need to learn new skills to move into a new occupation. Some workers spend years at a job and lack the training or certification to work in jobs that are not limited by their injuries. These workers often need additional resources to assist them in finding employment.

Additional resources are also needed when an injured worker is older or nearing retirement. Older workers or workers close to retirement may not be able to get the needed training for a new job or find a job appropriate for their age, experience level, and ability. When workers in this category are eligible for compensation, they too receive it permanently. Permanent workers’ compensation seeks to give these workers supplemental income for their lost wages. Permanent compensation also aims to cover wages for the potential jobs that these workers are unable to get.

It is important to note that permanent workers’ compensation is not actually permanent. It is a form of long-term compensation that can last between four weeks and 14 years, depending on the case.

Life Pension Payments

In situations where workers suffer an extreme workplace injury, becoming 70% –90% disabled, they would qualify for disability payments that would be issued by the government. In these rare cases, current policies under workers’ compensation require companies to contribute a small amount to the disability payments, with some of these payments lasting a lifetime.

Death Benefits

When workers pass away due to work-related injuries, it is one of the worst possible outcomes for the workers and their families. Situations that result in the deaths of workers entitle their families to financial compensation. The money received from these settlements comes from workers’ compensation and is used to cover funeral costs and compensate the family of the deceased for lost wages.

Why Choose Mitchell Law Corporation for Your Workers' Compensation Claim?

Mitchell Law Corporation is the premier firm for Chula Vista workers’ compensation claims. We have over two decades of experience successfully helping injured workers receive workers' compensation benefits when they need them most. We seek to help every client in the following ways:

  • We make sure you cover all the necessary steps to file your workers’ comp claim in a timely manner.
  • We can advocate for your rights and diligently work to help you resolve denied and delayed claims for compensation.
  • We can ensure that you receive the maximum compensation available for your situation.

We know that it may be tempting to represent yourself in your workers’ compensation matter, but through our years of experience, we can say with confidence that an expert attorney gives injured workers the best chance at successfully settling compensation matters. If you or a loved one want to know if you qualify for workers’ compensation or need assistance settling a delayed or denied compensation claim, we can help. Our attorneys are dedicated to seeking favorable outcomes for injured workers.

Contact us at our Chula Vista, San Diego, Los Angeles, or Riverside offices to speak with a member of our legal team to determine if you are eligible for worker’s compensation.

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