Escondido Workers Compensation Attorney

Escondid  Workers Compensation Lawyers

No matter what type of business you work at or what kind of job you have, there is always the possibility of being injured on the job. Because of this, every California business is required to offer some form of workers’ compensation in case an employee is hurt while working. Whether you slipped and fell or got in a car accident while driving for your company, if you were injured on the job, you may be entitled to workers’ compensation in Escondido. At Mitchell Law Corporation, our team can help you determine if you have a claim for workers’ compensation today.

Escondido Workers Compensation Attorney

Mitchell Law Corporation: Workplace Injury Attorneys in Escondido

Getting injured while working for your employer is a serious matter that should not be taken lightly. Because some accidents can result in serious and sometimes even permanent injuries, making sure you file a workers’ compensation claim to recover your losses is essential. Here at Mitchell Law Corporation, our team of attorneys has assisted countless California clients with workers’ compensation claims for the past 20 years. We can not only evaluate your situation and help you file a case, but we’ll work to defend your rights and fight for the compensation you deserve along the way. If you were injured on the job in Escondido, don’t wait to see how workers’ compensation can help you.

Workers’ Compensation Benefits in California

Workers’ compensation is a form of insurance that provides medical care and other benefits to employees who were injured in the workplace as a direct result of their duties. Because there is a wide range of injuries that can occur, all of which vary in levels of severity, there are multiple different kinds of workers’ compensation that are offered. The five main kinds of workers’ compensation benefits you’ll encounter in California include:

  1. Medical Care Benefits
    If an injury on the job results in the need for any form of medical treatment, you can file a workers’ compensation claim to help you cover the bills you receive. These benefits can cover emergency room visits, testing to receive your diagnosis, treatment for your diagnosis, getting medications, physical therapy, and more. Medical care benefits can be granted for both minor and severe injuries if they meet the requirements for a workers’ compensation claim.
  2. Temporary Disability Benefits
    Temporary disability is a form of worker’s compensation that was created to compensate employees while they are temporarily unable to work due to an injury. Because some injuries may require an employee to take time off to heal, temporary disability can help you recover some of your lost wages while you wait to return to work.

    If you file for temporary disability benefits, you will either be classified as having a temporary total disability or a temporary partial disability. While a temporary total disability means that you are unable to perform your job currently but you will be able to at some point in the future, a temporary partial disability refers to when you can’t perform some duties of your job, so you are given a lighter load until you can fully resume your responsibilities again. The type of temporary disability you have will affect the total amount of benefits you ultimately receive.

  3. Permanent Disability Benefits
    Unfortunately, there are some cases where an employee’s workplace accident results in a permanent injury or disability. Similar to temporary disability, an employee can be classified as having a partial or total permanent disability depending on the circumstances of their injury. If doctors determine that “maximum recovery” has been reached after an injury, meaning an employee can heal no further, you can file for permanent partial disability or permanent total disability. Permanent disability benefits provide replacement wages, coverage of medical expenses, attorney fees, and more.
  4. Temporary Job Retraining or Displacement Benefits
    For employees that need to slowly return to work after an injury, you can apply for supplemental job displacement benefits. These benefits can include or cover job retraining, counseling, rehabilitation, and other services that aid in your return back to work. You may also be temporarily reassigned positions upon your return, depending on what is best for your current situation and what helps you heal.
  5. Survivor’s Benefits
    Survivor’s benefits, otherwise referred to as death benefits, are offered to the surviving dependents of an employee who passed away due to a workplace accident. The family members that most often file for these claims include spouses, children, and sometimes siblings who were dependent on their family members for income. Survivor’s benefits help to make up for the financial loss that family members endure from a workplace death.

Common Workplace Injuries

Every business interacts with different products, services, equipment, and environments. Because of this, there are a variety of different types of workplace injuries and accidents that can occur. Generally, California separates workplace injuries into three main categories:

  • Physical Injuries

    Physical injuries are the most common type of injury sustained from workplace accidents. A physical injury is considered to be any injury to the body caused by a workplace duty or accident. Examples of physical injuries that result from workplace accidents include:

    • Broken or fractured bones
    • Torn or strained muscles
    • Cuts and lacerations
    • Burns
    • Back injuries
    • Brain injuries
    • Injuries from a slip-and-fall
    • Injuries from a car accident
    • Exposure to toxic fumes or chemicals that result in physical injuries
  • Occupational Illnesses

    When an employee is diagnosed with an illness that was caused by their work environment, this is known as an occupational illness. Under state and federal law, every employee has the right to a safe workplace free of potential danger from harm or illness. Because of this, an occupational illness also counts as a workplace “injury,” allowing most workers who get one to be eligible to file a workers’ compensation claim. Examples of occupational illnesses that can occur from your job include:

    • Respiratory diseases or conditions
    • Skin diseases
    • Hearing loss
    • Cancer
    • Musculoskeletal diseases
    • Neurological diseases
    • Heatstroke or frostbite
    • Poisoning
    • Exposure to toxic chemicals that result in illness
    • Exposure to radiation
    • Stress, anxiety, and other mental health disorders
  • Repetitive Motion Injuries

    The last classification of workplace injuries is known as repetitive motion injuries, otherwise called repetitive stress injuries. Repetitive motion injuries occur when an employee performs the same repetitive task over and over again until it ultimately results in some sort of injury. These kinds of injuries commonly occur due to the consistent stress put on the same muscles every shift and can affect any kind of worker. Common examples of repetitive motion injuries include:

    • Carpal tunnel syndrome
    • Tendonitis
    • Arthritis
    • Fibromyalgia
    • Epicondylitis (tennis elbow)
    • Bursitis
    • Stress fractures

How Can a Workers’ Compensation Attorney Help?

When it comes to dealing with a work-related injury, it’s in your best interest to work with an experienced workers’ compensation lawyer who can help you handle your case correctly. At Mitchell Law Corporation, our attorneys can help assist you with a variety of aspects, including:

Helping You Gather Evidence and File Your Case
Filing a workers’ compensation case can be complex, especially if you’re trying to do so while you’re still healing. By working with one of our attorneys, we can help to make the process of filing a workers’ compensation claim much easier. Our team can not only work with you to help you gather evidence, but we can evaluate your situation to determine what kind of claim and benefits are right for you. It’s important to have strong pieces of evidence like medical records to help back your claim, which is why we can help to organize all of your documents and create a strong case before filing.

Negotiate a Settlement
Once your claim has been accepted, you’ll have to negotiate a settlement. This is where having an experienced attorney is especially important, as they can use their negotiation skills to fight for the best outcome possible. Your total settlement will depend on how severe your injury was, how long it took for you to heal, the number of losses you had, and more. Our attorneys can work to negotiate and make sure that you get the settlement you deserve.

Represent You in Court
Workers’ compensation cases can include hearings and trial dates, which is just another reason to make sure you have a work injury lawyer on your side. Because many companies or third parties want to avoid responsibility when serious accidents occur, it’s important that you are able to prove that you were injured. At your hearing or at your trial, your lawyer will have to prove that you were harmed due to work duty and that you need compensation as help. They’ll work to represent you, defend your rights, and fight for your compensation.

Navigate You Through Legal Proceedings
In most cases, when an employee is filing a workers’ compensation claim, they are still in the process of healing from their injury. Because of this, having a lawyer that you can trust can make the legal proceedings much easier to go through. Between filing your claims, negotiating a settlement, and going to trial, you’ll need help to ensure you’re taking care of your case properly. Our experienced workers’ compensation lawyers at Mitchell Law Corporation can work with you to navigate you through your case and get your compensation.

What Is Not Covered by Workers’ Compensation Insurance?

Workers’ compensation was created to compensate employees who are injured as a direct result of their job duties. There are certain circumstances in which you may be injured at your place of work that is not covered by workers’ compensation insurance. For example, circumstances your employer may not cover could include:

  • Injuries that resulted from an accident caused by horseplay or fighting
  • Injuries that resulted when an employee was not following company guidelines
  • If you were injured at work while using drugs or alcohol
  • If you purposely injured yourself at work
  • If the injuries resulted from a mental or stress condition
  • Injuries that occur while an employee drives to or from work
  • Injuries that occurred while an employee was partaking in illegal activities

What Happens if a Third Party Is Responsible?

In some work injury cases, third-party businesses and individuals can also be held accountable. When this occurs, you’ll have to file a third-party liability claim. In some cases, a third party doesn’t need to be directly a part of the accident, but they have to have had some form of involvement to be held responsible. For example, manufacturing defects in products often result in third-party liability claims if they cause an injury. If you win your third-party liability claim, the business or individual that was found responsible will then have to help you recover your losses and damages.

Personal Injury Vs. Workers’ Compensation Claim

Personal injury claims are often confused with workers’ compensation claims because they both involve the same kinds of injuries. However, the main difference between the two is who was at fault for the injury. Sometimes an injury that occurs in the workplace can actually be considered a personal injury if it happened outside of company hours or while doing non-work-related tasks. To be eligible for workers’ compensation, you must prove that you were injured as a direct result of carrying out your tasks at work. Otherwise, you’ll have to file a personal injury claim instead.

Escondido Workers’ Compensation Attorneys

As an employee, you spend the majority of your life at your workplace. With all of the hours and hard work you put in, you deserve to be protected if something serious happens to you while on the job. At Mitchell Law Corporation, our team of attorneys is dedicated to defending and fighting for the rights of California employees. We understand just how detrimental a workplace injury can be, which is why we offer legal services that can help you through a workers’ compensation case. If you or someone you love were injured while doing your job, don’t wait to seek legal assistance and file a workers’ compensation claim. To learn more about how Mitchell Law Corporation can assist you, contact our team.

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