Professional painters have demanding jobs. They must often work in partially finished buildings that may not have all the safety features included in most finished structures. They also often face tight deadlines, and their work requires keen attention to detail and careful application of technique. In addition, many painters must use specialized equipment, such as boom lifts, ladders, scaffolds, and even specialized stilts, to paint extensive areas. While many people may assume that painting would be one of the safest jobs to have in the construction and renovation industries, the reality is that painters face many workplace risks. Painters can easily suffer severe workplace injuries in a variety of ways.
If you work as a painter in Southern California, it’s vital to know your rights when you suffer an injury at work. California state law requires all employers to carry workers’ compensation insurance that comes into play when an injury occurs at work, but filing a claim and securing benefits is more complicated than many injured workers expect. Additionally, some injured painters may be eligible to pursue additional legal action beyond what the workers’ compensation system can provide, maximizing their total recovery.
An experienced Southern California painter injury attorney is a valuable asset in this situation. The right legal team can help injured painters file their workers’ compensation claims and help them explore further legal options when they are available. The Mitchell Law Corporation has extensive experience with both workers’ compensation claims for Southern California workers injured on the job and a wide range of personal injury claims. Whatever your case entails, we can provide the ongoing support and guidance you need throughout your injury’s legal proceedings.
If your employer has workers’ compensation insurance and you sustain an injury while working as a professional painter, you might assume that you can file a workers’ compensation claim to recover your damages. However, the workers’ compensation system has limits, and even a seemingly straightforward claim can pose various legal complications. In addition, the average person with no formal legal experience would likely make critical errors as they navigate the claim process. As a result, they may not be able to discern whether they have grounds for legal action beyond a workers’ compensation claim.
Working with an experienced Southern California painter injury attorney significantly increases your chances of success with a workers’ compensation claim. Your legal team can guide you through the claim process, help you gather any evidence you need to support your case, and help you maximize your benefit allotment from the workers’ compensation insurance carrier. A good Southern California painter injury lawyer will also be able to determine whether you have grounds to file a personal injury claim in addition to your workers’ compensation claim. While California’s workers’ compensation laws generally shield employers from liability for employees’ workplace injuries, it’s possible that a third party could bear fault for a painter’s workplace injury.
Whatever your unique case may entail, you are most likely to secure an appropriate recovery for your damages with the help of an experienced Southern California painter injury lawyer. When you choose the Mitchell Law Corporation to represent you, you can expect personalized and responsive representation through all phases of your legal proceedings.
California law typically limits the amount an attorney can seek in legal fees for a workers’ compensation case. Generally, the attorney’s fee is based on the total value of the claim, usually between 10% and 25%. However, various factors may come into play regarding how an attorney charges for their services.
At the Mitchell Law Corporation, we understand that your workplace injury has likely caused significant losses for you and your family. Our goal is to provide the compassionate and responsive legal representation you need at a reasonable price. Therefore, we accept cases on a contingency fee basis — we take a percentage of your case award based on California workers’ compensation law statutes if we win. If we fail in securing a recovery for you, you pay nothing for our legal fees.
Workers’ compensation comes into play for various types of work-related injuries. California law requires all employers, even an employer with just one employee, to carry workers’ compensation insurance. When a workplace injury occurs, the injured worker has 30 days to file a claim, but it is generally best to file it as soon as possible. Any delay may cause the insurance carrier to scrutinize the claim’s validity. For example, they may assume that if you did not file your claim immediately, this indicates the injury may not be as serious as you may have made it seem.
The injured worker should report their injury to their supervisor immediately and request the appropriate materials to file a workers’ compensation claim. Then, the injured worker submits their claim to the workers’ compensation insurance carrier and waits for a determination. Workers’ compensation insurance functions similarly to any other type of insurance, and insurance carriers have a legal duty to process all claims in good faith.
The insurance carrier will review your claim and require you to visit a physician on an approved list. While you have the right to see any available doctor in an emergency, you must visit an approved workers’ compensation doctor to have a disability rating assigned. The doctor will evaluate your condition and assign a rating that reflects the severity of your injury and the likelihood that you will experience long-term or permanent effects from it. This rating will influence the final benefit determination from the insurance carrier.
An approved workers’ compensation claim typically offers full coverage for any medical treatment the injured worker requires, as well as disability benefits for the time they are unable to work due to their injury. Generally, workers’ compensation disability benefits are awarded at roughly two-thirds of the injured worker’s average weekly wages. When awarded temporarily, disability benefits can continue for up to 104 weeks, but these payments may be spread for up to five years.
Some injuries will entitle an injured worker to permanent disability benefits. It’s important to note that the term “permanent” can be misleading in these situations. Most insurance carriers will only pay permanent disability benefits for up to 14 years. The injured worker must be unable to work due to the severity of their injury, or they must be close enough to retirement age that they would not reasonably have time to train for a new job they could handle following a catastrophic injury.
Painters have more hazardous jobs than many people realize. Some of the most commonly reported workplace injuries from painters in Southern California include:
There are many ways in which painters must sustain injuries at work. When it comes to eligibility to file a workers’ compensation claim, an injured worker has the right to file a claim as long as they sustained their injury while performing their job-related duties. However, some workers may lose their ability to claim workers’ compensation benefits in some situations. For example, California workers’ compensation laws generally prevent employees from filing claims when they sustain injuries because of horseplay at work, injuries sustained while under the influence of drugs or alcohol at work, intentionally inflicted self-harm, or injuries suffered due to failure to follow appropriate workplace safety policies.
California’s workers’ compensation laws exist to protect employees and their employers when workplace injuries occur. Workers’ compensation can provide the injured worker with the compensation and benefits they need to recover as fully as possible while insulating employers from liability for their employees’ injuries. However, some painters may suffer injuries due to intentional misconduct from their supervisors or co-workers, and others may suffer injuries because of the actions of third parties unrelated to their business.
If a painter suffers an injury at work due to the intentional actions of a supervisor or co-worker, they will likely have grounds to file a personal injury claim outside of their workers’ compensation claim. A Southern California painter injury lawyer is an invaluable asset in this situation as they can help the injured worker gather whatever evidence they would require to substantiate a personal injury claim against their employer.
When it comes to third-party claims, these cases can unfold when someone outside of the workplace unrelated to the victim’s business causes their injury. For example, a professional painter is driving to pick up supplies for their next job, which qualifies as fulfilling their job duties. Unfortunately, a distracted driver hits their truck and causes severe injuries to the painter. Even though the painter was not actively painting, they were still performing required job duties when the accident occurred. Since a third party caused their injury, they would have grounds for a workers’ compensation claim. In addition, they would be able to seek compensation for damages not covered by workers’ compensation by filing a personal injury claim against the third party.
A third-party personal injury claim is just like any other personal injury case. To succeed with the claim, the plaintiff must identify the party responsible for causing their damages and prove the full extent of those damages. They must also prove that their claimed damages would not have happened but for the defendant’s actions.
Workers’ compensation can provide coverage for medical treatment and some compensation for lost income while the victim recovers. However, a personal injury case could potentially allow them to recover the remainder of their lost income that workers’ compensation won’t cover and compensation for their pain and suffering. Typically, injured workers cannot expect compensation for pain and suffering through their workers’ compensation claims, but it is possible to claim non-economic damages in a personal injury case.
No matter how your recent workplace injury occurred, it is vital to know your rights when securing compensation for your damages. It is also crucial to understand the value of legal representation in this situation. When you have the Mitchell Law Corporation assisting you with your workers’ compensation claim, we will thoroughly explore every legal avenue of recovery. Our goal in every case we accept is to streamline our client’s experience with the workers’ compensation claim process as much as possible. As a result, we can assist you in completing your claim forms, arrange your medical examination from a physician approved by the insurance carrier, and ultimately secure the benefits you deserve after a workplace injury.
When you have grounds for legal action beyond a workers’ compensation claim, we can assist you with these proceedings as well. Our team has extensive experience in personal injury law, and we have successfully represented many injured painters and other workers in third-party personal injury claims. Whatever your case entails, we will take time to learn as much as possible about your circumstances, help you determine the best approach to recovery, and guide you through the complicated proceedings ahead of you.
You must act quickly after a workplace injury to ensure the best chance of obtaining fair compensation for your damages. Contact the Mitchell Law Corporation today to schedule your consultation with an experienced Southern California painter injury lawyer.