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If you are looking for a workers’ comp lawyer in Temecula, you’ve arrived at the right place. At the Law Offices of Delitala, Inc., it is our mission to help people with all workers’ compensation issues, whether insurance is failing to respond to your injury report or your claim has been denied. When you are already dealing with the aftermath of a workplace accident, you shouldn’t have to worry about navigating the stressful, complicated legal process that may follow. Our Temecula workers’ comp lawyer can protect your rights and help you get the compensation you need and deserve while you focus on your recovery.
Common Work-Related Injuries
Depending on your line of work, you may face a variety of hazards that could cause an injury. These are a few of the most common injuries in the workplace:
- Repetitive motion injuries: Actions such as lifting can cause repetitive motion injuries, such as a back sprain.
- Walking injuries: Injuries suffered as the result of walking into an object
- Falling from heights: Injuries sustained when an employee falls from an elevated location while on the job.
- Falling objects: When items fall from above, land on an employee and cause an injury
- Slip and fall: When an employee slips or trips and falls while on the job and sustains an injury
What is Workers’ Compensation?
When an employee suffers an injury or falls ill while performing their job duties, workers’ compensation insurance provides medical and wage benefits. In California, employers are required to carry this insurance.
In a workers’ comp case, determining fault is not necessary – whether the employee’s or employer’s action contributed to the injury. So long as the injury or illness is work-related, a claim is paid by the employer or insurance carrier.
What is the Difference Between a Specific Injury & a Cumulative Trauma Claim?
Most workers’ compensation claims are based on a specific on-the-job injury, such as a slip and fall accident, being injured while lifting a heavy object, or being involved in a car accident while driving a company vehicle. However, some work injuries are not caused by a single event.
A cumulative trauma injury is caused by a culmination of hundreds or thousands of repetitive motions over months or years that causes an injury or illness. Common examples include carpal tunnel syndrome, back injuries, tendonitis, tennis and golfer’s elbow, and even cancer.
Types of Workers’ Compensation Benefits in California
Under workers’ compensation law in California, an employee who has suffered an injury on the job is entitled to the following benefits:
- Medical care to treat the injury
- Temporary disability for the loss of wages (equal to two-thirds of the employee’s weekly wage)
- Permanent disability for the payment for permanent loss of function (based on scale from 0 to 100 percent)
- Supplemental job displacement benefits for employees who cannot return to his/her normal job duties
- Death benefits, which are given to the survivors of the deceased employee
What to Do If You Are Injured at Work
Depending on the seriousness of the injury, call 911 or seek immediate medical attention if you are dealing with an emergency. Otherwise, ensure you obtain first aid and see a doctor.
Next, you must immediately report the injury to a supervisor, in writing if possible. Once you file a claim, your employer must provide you with medical treatment.
The Worker’s Compensation Claims Process in California
Remember, the workers’ compensation process can be different for each employee based on the nature and seriousness of the injury, how the injury impacts the worker in the short-term or long run, and the response of the employer and claims administrator. However, understanding the entire process can help you be ready for any possibility.
The following is a breakdown of California’s workers’ compensation process:
- You suffered an on-the job injury, whether it’s from a single incident, an occupational illness, or a cumulative trauma injury
- You notify your employer, who will provide you with a Workers’ Compensation Claim Form you must fill out and return
- You will choose a primary treating physician from your employer’s medical network
- You receive initial medical care
- The claims administrator will either accept or deny your claim
- If the administrator accepts your claim, you will continue your medical treatment
- The claims administrator will determine if you are eligible for temporary or permanent disability benefits based on your treating doctor’s reports
- Your employer should reimburse the costs of your medical treatment in a timely manner
Let Us Help
Do you need help on your workers' compensation claim? Contact our Temecula workers’ compensation attorney at the Law Offices of Delitala, Inc. We can hold the wrongdoer and their insurance company accountable for your medical bills and lost wages.
My expectations were surpassed
“The professional and yet friendly counsel was refreshing. Her experience with workers comp cases gave me confidence in her understanding of my own. My execrations were surpassed.”
Thank you for your support Sunny
Law Office did a great job serving us. Thank you for your support Sunny, you were very kind to listen to our concerns.”
Sunny and her associates were considerate and understood my situation
“I was injured in October and was getting the runaround. Sunny and her associates were considerate and understood my situation. Sunny was very precise, gave a step-by-step description of what would be done, and pushed when it was needed. She understood my needs and she stepped up for me and beyond. My case was settled within 4 months. I am very satisfied with the outcome.”
Compassionate, Understanding, and Genuinely Have Your Best Interest at Heart
“The Law Offices of Delitala, Inc are a professional team who are dedicated to helping you get the medical help and compensation you need. They are compassionate, understanding, and genuinely have your best interest at heart. Sunny Delitala and her team will work hard and diligently for you and your needs and will fight for what is right. I recommend them with 5 stars. Thank You so much Sunny and Family!”
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