Southern California Factory Worker Injury Attorney

Southern California Factory Worker Injury Lawyer

Unfortunately, many workers find themselves injured on the job, often through no fault of their own. It’s even worse that many of these workers will not get the workers’ compensation benefits that they deserve. If you want to ensure that you get all that you deserve after an accident, you need a seasoned team of workers’ compensation attorneys on your side.

At Mitchell Law Corporation, we have plenty of experience dealing with workers’ comp cases. We have a proven record of success and can advocate for you in front of a judge. Our team can work to check that all documentation is correct to give you the greatest chance of receiving benefits. 

Southern California Factory Worker Injury Attorney

How Does Mitchell Law Corporation Help You?

We have more than 20 years of experience working on workers’ compensation claims in Southern California. When you’re looking for a Southern California factory worker injury attorney, you’ll find few who can provide the services that we do. 

We’ve represented workers from many sectors for numerous injuries. We also realize that not all workers’ comp cases are the same. We provide unique help tailored to your situation.

At Mitchell Law Corporation, we have the results to prove our skills. Our attorneys have litigated several high-profile cases, some with compensation settlements of over half a million dollars. 

Brian Mitchell formed the Mitchell Law Corporation in 2016 and has been defending workers’ rights since 1996. Before founding Mitchell Law Corporation, Mr. Mitchell was partner and CEO at the Law Offices of Mitchell & Shea.

Our firm won numerous awards in 2017 for our workers’ compensation achievements in Los Angeles. 

What Should You Do If You Are Injured on the Job in California?

You shouldn’t fret if you’re injured while working. Whether it is a minor injury or a serious problem, you may be entitled to benefits in Southern California. Factory workers are especially vulnerable to injuries in their line of work. Even factory workers who spend most of their time in the office may be susceptible to injury.

You need to file an official report with your place of business as soon as possible after you suffer an injury on the job. You will then need to file an official workers’ compensation claim to be eligible for benefits. 

While the process sounds smooth, sometimes it can be anything but. You may have difficulty deciphering the forms, or your employer may try to fight you on the claim. That’s where an experienced factory worker injury attorney can be the difference between receiving workers’ compensation and being left to pay for the costs of your injury yourself. 

A Southern California factory worker injury attorney from Mitchell Law Corporation can help you with paperwork and work to get what you deserve. They can also lower the odds of a denial of your claim

What Is the Statute of Limitations on Workplace Injury in California?

You have 30 days to make an official report with your employer after you’ve sustained an injury while on the clock. While there are exceptions, if you fail to file a report in 30 days, you may not be able to gain workers’ compensation benefits. 

Do You Need to Have a Lawyer for Workers’ Compensation Cases?

No law requires injured workers to hire an attorney to represent themselves during a workers’ compensation case. Many people handle simple and small workers’ compensation situations by themselves. Here are a few examples of situations where you may be able to represent yourself:

  • Your employer takes full responsibility for the injury.
  • There are no pre-existing conditions.
  • It was a small injury with little time lost.

If you decide to represent yourself, it may be wise to speak with an attorney who offers initial consultations, like Mitchell Law Corporation. A consultation lets an attorney quickly review the case, take you through a general outline of the process, and give you an honest appraisal of your chances. 

Life is often not as simple as we’d like, and workers’ compensation cases are no exception. If you find that your employer is delaying filing your claim or working to deny you your rightful benefits, it may be time to speak with a workers’ compensation lawyer and plan your next step. There are many situations where you may need a factory worker injury attorney.

Claim Denial

Just as you are allowed to file for workers’ compensation benefits, your employer is permitted to deny your claim. While some employers use this ability as intended to prevent abuse of the system, others use the power to deny legitimate cases. 

When your company denies a legitimate claim, they often expect that the worker will not fight them on the denial and just accept the situation. Fighting a complicated legal battle for benefits isn’t feasible for most laypeople. You also would have to fight them while dealing with an injury. That’s where an attorney can come in and advocate for you in court for a reasonable settlement. 

Workers' compensation attorneys know the laws and can help you get a settlement you are happy with. If the claim drags to court, they can represent you and fight for the benefits you need.

Receiving Less Than Needed

Sometimes, a company is willing to give you workers’ compensation benefits, but the amount may be less than you were hoping for. Even worse, the amount may not be enough to cover your medical bills and any rehabilitation you’ll need as a result of the injury. 

When your employer’s offer is unsatisfactory, it may be time to speak with a Southern California factory worker injury attorney. Experienced attorneys know the laws and can give you a much-improved chance at negotiating a better settlement.

Serious Injury

Sometimes workers, especially factory workers who work in dangerous environments, suffer serious injuries that may leave them permanently or partially disabled. In these cases, workers have a right to weekly payments to counteract any lost wages. 

However, insurance companies often do not want to have to pay out these large settlements and will try to deny the claim or lower your total compensation. You likely can’t fight the insurance companies on your own, as they have a near-limitless supply of lawyers and resources at their disposal. 

A seasoned factory worker injury attorney can help get you the settlement you deserve. This can keep you financially stable while you deal with the fallout of your injury. 

Retaliation

While some employers will happily act like they have no problem dealing with your workers’ compensation claim, you may notice a change in your work situation after the accident. The company may schedule you for fewer hours, freeze you out of important meetings, or even fire you. 

Any of these actions may be considered an example of retaliation, where a company unfairly punishes an employee for doing something legal. Retaliation is difficult to prove, especially for a layperson. A lawyer has a better chance of putting a stop to it than you do if you are representing yourself. 

Social Security

If your settlement involves Social Security, you should get an attorney on retainer. If you aren’t careful, your settlement may affect your Social Security benefits. An experienced lawyer knows how to craft your settlement in a way that keeps your Social Security safe while getting your workers’ compensation benefits.

Can You Continue to Work While on Workers’ Comp in California?

Yes, you can still work while on workers’ compensation, and, in some situations, it may be critical to keeping your benefits. A doctor may outline some forms of work that you can do while still injured or recovering from the ailments that made you file for compensation in the first place. 

For a factory worker or construction worker, this may entail reduced hours or pulling office duty until the complications from your injury clear up. If you have an injured foot, you could still operate equipment or help the administrative side of the company for a short time. 

Employers will often work with doctors to figure out a way for injured workers to return to their jobs. If an employer offers you an adjusted job, you may have to accept returning to work to keep your benefits. You should consult your doctor before returning to work to ensure that the modified workload will not aggravate your injuries.

This is another instance where having an attorney on your side is beneficial. They can tell you your rights and determine if you need to return to work or if your employer is not offering you a fair deal. 

If you cannot return to your job while on workers’ compensation, no law says that you cannot get a second job and work there. Be warned that you will have to prove that this job follows any restrictions that your doctor puts in place, or you may lose some or all of your workers’ comp benefits. 

What Hazards and Accidents Can Lead to Workers’ Comp Claims?

California law gives a wide swath of cases where you may get workers’ compensation following an accident. In general, you will get workers’ compensation if your injury occurs through no fault of your own. An injury you caused may not net you any benefits.

Here are a few situations where you may be eligible for workers’ compensation after an accident:

  • Equipment malfunction
  • Pressured into dangerous activity
  • Coworker negligence
  • Unsafe working conditions
  • Mental health issues from the job
  • Repetitive motion

For factory workers, you may find yourself injured through any of these issues or perhaps from chemical exposure, slip and falls, or crushed limbs. As a blue-collar worker, you are involved in many dangerous situations. While you can take action to protect yourself, sometimes an accident happens that wasn’t your fault. 

Not all factory workers are on the floor every day, as some work on the administrative side or as foremen. You can be injured in an office and receive workers’ compensation benefits as well. While these injuries and risks may appear less serious to some, California law still covers them. Some of the instances of white-collar dangers include:

  • Carpal tunnel
  • Eyestrain
  • Depression
  • Slip and falls

Of course, not all injuries in the workplace will net someone workers’ compensation benefits. If a judge or your employer determines that you were at fault for the accident, you will forfeit the ability to collect entitlements. 

One of the most common instances of an injury not leading to compensation is if the worker was doing something dangerous or fooling around. You cannot file for workers’ compensation if you were misusing equipment or doing work in a restricted area that you aren’t allowed to be in. Your employer may also deny your benefits if the company finds that you were under the influence of drugs or alcohol. 

What Benefits Can You Receive From Workers’ Comp in Southern California?

Workers’ compensation benefits vary depending on the nature of the injury and your industry. While there is no standard benefits package, you will likely be offered entitlements in a few categories. 

The most common workers’ compensation benefit is partial or comprehensive payment for treatment for the injury. Your employer’s insurance may be required to pay for your doctor’s visits, checkups, and any physical or occupational therapy you need to return to work. 

If your injury will require you to miss extensive time, your employer may have to cover your missed wages until a doctor clears you to return to work. 

More permanent injuries may entitle you to long-term or permanent disability benefits. 

Mitchell Law Corporation: Seasoned Factory Worker Lawyers You Can Trust

While workers’ compensation cases can be painless for the layperson to deal with, often they are too complicated and complex for a person with no legal experience to handle. If you believe that you aren’t getting all the compensation benefits you deserve, it may be time to contact a law firm that can handle your case.

Mitchell Law Corporation has attorneys combining over 20 years of experience working with workers to get them the compensation they need. We offer consultations and can help you determine what to do next in the process. Contact us today to schedule a consultation. 

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