Chula Vista Workers’ Compensation Attorney

Fighting for the Compensation You Deserve After a Work Injury

You are entitled to a reasonable expectation of safety when at work. Many who are injured while on the job due to another person or entity’s negligence are entitled to workers’ compensation or other benefits that can help victims recover. When a workplace injury does occur, it is critical that you take immediate action to exercise your rights and hold negligent parties accountable.

The last thing you want to be dealing with in the wake of a serious workplace injury is bureaucracy and resistance from insurance companies. Our lawyers at The Sexton Law Firm have over 15 years of experience providing workers’ compensation legal services in Southern California.

We give every case our full attention, working closely with our clients to understand every relevant detail before fighting to achieve a positive resolution. Our team is committed to enforcing your rights and ensuring you receive all of the benefits you deserve.

File your workers’ compensation claim. Call The Sexton Law Firm at (619) 202-8976or contact our Chula Vista workers' compensation attorneys online to get started. Se habla Español.

Common Workers' Compensation Injuries in California

California recognizes the rights of workers to a safe work environment, compensation for work-related illnesses and injuries, and your right to be represented by an advocate to help you secure those rights. Given the high profile of falling accidents and the active efforts of governments to reduce falls, employers have no excuse for not protecting workers.

Of the ten most common violations the Occupational Safety and Health Administration (OSHA) cites, four are directly related to falls (inadequate scaffolding and ladder safety, fall protection, and fall prevention training).

Beyond fines to employers, OSHA offers employers help in keeping their workers safe and alive. They offer a free On-Site Consultation Program. The program is confidential and is specially designed to be separate from enforcement.

How Do I Know If I'm Eligible for Workers' Compensation? 

When you've been hurt on the job, you might be wondering if you're eligible for workers' compensation. This type of insurance is meant to cover medical bills, lost wages, and other expenses related to a work-related injury or illness. But how do you know if you qualify?

Workers' comp requirements:

• Employment Status: The first thing to consider is whether you're an employee of the company where the injury occurred. Independent contractors and self-employed workers aren't typically eligible for workers' comp. However, this can vary by state and other factors, so it's best to check with your state's workers' comp agency or a local attorney to be sure.
• Injury Suffered: The next factor to consider is the type of injury or illness you've suffered. Not all injuries will qualify for workers' comp since it's designed to cover work-related injuries or illnesses. For example, if you were hurt while on your lunch break, you might not be able to file a claim. However, if you were lifting boxes at work and hurt your back, that would likely qualify.
• Time of the Injury: Timing is also important when it comes to workers' comp eligibility. You must report your injury or illness to your employer as soon as possible after it occurs. Failure to report the injury in a timely manner can hurt your chances of receiving benefits. In some states, you have a specific window of time to report the injury, such as 30 days.
• Lack of Employer Cooperation: Your employer's willingness to cooperate is also a factor that can affect your eligibility for workers' comp. Employers are required to provide workers' comp insurance to their employees, but some may try to avoid paying out a claim. If your employer is uncooperative or denies your claim, you may need to seek legal advice.

Workers' comp can be a lifeline for workers who have been hurt or fallen ill on the job. To determine if you're eligible for these benefits, consider factors such as your employment status, type of injury, reporting timeline, and employer cooperation. If you're unsure or encountering obstacles, consult a knowledgeable attorney for help navigating the legal system and getting the compensation you deserve. Our team at The Sexton Law Firm is here to help.

What Types of Workers’ Compensation Benefits Are Available?

If you are injured due to another party’s negligence at work, you deserve compensation for your injuries to help facilitate your recovery. The state of California requires that employers subscribe to workers’ compensation insurance, meaning the system is built to help you if you know how to exercise your rights.

It should be understood that workers’ compensation claims vary significantly from personal injury cases. Workers’ compensation benefits can provide much-needed help injured Californians and their families need following a workplace accident. You will not receive compensation for any pain and suffering: All compensation stems from your ability or inability to work. However, if an injury prevents you from working, you will need benefits to help you stay financially float while you recover.

Workers’ compensation is designed to help you navigate these difficult periods and give you the time you need to get better. Injured workers can receive workers’ compensation benefits to help cover the cost of their medical care including hospital care, visits to the doctor, medications, medical equipment, lab tests, and other medical expenses. In addition to benefits for medical expenses, injured workers can receive payment for vocational rehabilitation to help them with job retraining if they are unable to return to their previous employment.

A successful workers’ compensation claim can confer some or all of the following benefits, including:

• Coverage of healthcare and medical expenses. Hospital bills from an unexpected injury can quickly overwhelm you with debt. When an injury takes place at a workplace due to someone else’s negligence, you are not responsible for paying your medical expenses.
• Temporary disability. When you return to work after receiving any necessary medical care, your employer is required to provide reasonable accommodations or alternative tasks conducive to your injured state. Should such work not be available or if your injuries render you unable to work at all, you will likely be entitled to temporary disability payments, which is generally two-thirds of your average weekly rate of pay per week you cannot work.
• Vocational rehabilitation: If you are unable to return to your previous job due to your injury or illness, vocational rehabilitation programs can help you acquire new skills and find suitable employment.
• Permanent disability or impairment compensation. After filing a workers’ compensation claim, your injuries will be evaluated and assigned a rating. This rating estimates the number of job opportunities you will no longer be able to conceivably pursue due to your “permanent” injuries or impairment. You will receive a monetary award commiserate with the scope of your rating.
• Death benefits: Workers' compensation pays death benefits to the dependents of a deceased employee in the tragic case of a fatal work-related accident or illness.
• Read more about other benefits here.

There are timelines associated with making a workers’ compensation claim and also a process for challenging a denied claim. With so much riding on workers’ compensation benefits, injured workers should know how they can help and how to obtain them during their time of need.

It's worth noting that workers' comp benefits are generally awarded regardless of fault. This means that even if you were partially responsible for your injury or illness, you may still be eligible for benefits. However, there are some exceptions, such as injuries that occur while under the influence of drugs or alcohol.

Can You Get Pain and Suffering with Workers' Compensation?

No, you cannot request compensation for pain and suffering due to the limitations associated with workers' compensation. However, you may consult with you attorney to decide if there is an opportunity to file a personal injury complaint.

Essentially, in the state of California, you will not be compensated for pain and suffering, mental anguish, post-traumatic stress disorder (PTSD) or loss of consortium damages. Every workers' compensation case is unique with its own set up of circumstances, so contact The Sexton Law Firm for a consultation.

When Should I Hire a Workers' Comp Lawyer?

When an employee suffers a workplace injury due to the negligence of another person or entity, it is important that they take immediate action to protect their rights and get the compensation they deserve. In these cases, hiring an experienced workers' comp lawyer can be vital in order to ensure injured workers receive all of the benefits they are entitled to under California law. An attorney who specializes in workers' compensation law will have the knowledge and resources necessary to fight for maximum compensation on behalf of their client.

They can also help ensure that your initial paperwork is properly filled out and accurate. This step could help shorten the process of getting the compensation workers need. They will also work with insurance companies, employers, and other parties involved throughout the process so that injured employees don't have to worry about navigating complicated legal proceedings alone. However, for this work to be as effective as possible, you need a workers' compensation attorney on your claim from the beginning of the process.

Call (619) 202-8976 or complete our form to speak with a skilled workers' comp attorney in Chula Vista at The Sexton Law Firm.

Serious Harm in Fall-Related Workplace Accident

Falls from heights continue to be one of the leading causes of serious injury for workers in California and across the nation. A fall from even a lesser distance can cause injuries that have a lingering impact on a person’s life, and those that involve greater distances could lead to life-altering consequences. A man in another state reportedly suffered severe injuries during a workplace accident that took place at a construction site.

The accident is said to have taken place on a recent Saturday as the man was performing job-related tasks at the site of a building under construction. While lifting materials on the roof of the structure, he suddenly slipped through a hole and fell nearly 30 feet to the ground below. According to reports, the hole was left in the roof after an air conditioning unit was removed.

Emergency responders say the man suffered serious injuries in the incident and went into cardiac arrest. Although he was subsequently rushed to a nearby hospital for medical treatment, no further information was provided as to his current condition. Such an incident runs the risk of leaving a person with long-term or permanent medical concerns that could alter his or her life significantly.

With the high costs of medical care and the likelihood of a long road to recovery, suffering severe harm in a workplace accident can also create financial hardships. Following such an incident, a person in California may be eligible to receive financial aid through the workers’ compensation insurance system, but the process can be complex in nature. Fortunately, our Chula Vista fall injury attorneys can examine the situation thoroughly and assist you in pursuing the full amount of compensation achievable through every applicable outlet.

Support for Injured Workers Across All Industries in Southern California

Facing the state of California’s complex workers’ compensation system can be intimidating, especially as you are struggling to physically, mentally, and financially recover from your injuries. Our firm has an intimate knowledge of the state’s systems and can leverage our knowledge to help you efficiently process your claim.

We understand that a workplace injury can result in short- and long-term consequences and are determined to help you obtain the maximum amount of compensation to which you are entitled.

We have assisted clients in numerous industries where workplace injuries are common, including:

• Administrative
• Agriculture
• Construction
• General Laborers
• Healthcare
• Retail

Our team can guide you through each step of California’s workers’ compensation claims process. This includes gathering all of the information and evidence you will need and helping you formally file your claim. We can provide you with legal guidance at every step of the way.

Guiding You Through the Workers' Compensation Claims Process

Our workers’ compensation legal services in Southern California can help you in numerous areas, including:

• Deciding What To Do After a Workplace Accident. When you are injured at work, seek necessary medical attention immediately. Once you are physically safe, notify your employer about the nature of the accident and extent of your injuries within 30 days – the sooner, the better. In filing your report, your employer should inform you whether they subscribe to workers’ compensation insurance. If they do, we can help you file your claim with the insurance company. If they do not, you may need to consider pursuing other benefits and legal options, including filing a personal injury lawsuit against your employer.
• Exploring Alternative Benefits to Workers’ Compensation. If your employer does not subscribe to workers’ compensation insurance, you may need to consider filing a personal injury lawsuit against them in order to recover damages. This type of legal action will hold your employer accountable, and a successful suit will entitle you to benefits you may be able to use more flexibly than those from a workers’ compensation claim. If your injury has evolved into a serious disability, you may want to consider pursuing a long-term disability claim. We can help you explore programs you may be eligible for at the state or federal level.
• Returning To Work After an Injury. Once you have sufficiently recovered to the point where you can safely return to work, your employer is obligated to provide reasonable accommodations as you continue to recover from injuries or treat your disability. Reasonable accommodation has varying definitions depending on your industry and previous job responsibilities, but in short, your employer cannot ask you to do tasks that you are no longer able to perform as a result of your injury or disability. This might mean shifting your job responsibilities or placing you in an alternate position with equivalent pay. If no alternative work is available, you may be entitled to temporary disability payments until you can return to work. Our team can help you navigate and, if necessary, litigate these types of problems.
• Fighting Denied Claims. You would hope that an employer will be sympathetic to any injury that involves an employee and their worksite, but sadly, disputes can sometimes imperil a workers’ compensation claim. Other times, injured workers make avoidable mistakes that weaken their case. Claims are commonly denied as a result of workers not reporting their injuries within the appropriate timeframe (within 30 days in California), workers not seeking medical attention to treat their injuries, and employers claiming the injury was not work-related or occurred due to the worker’s negligence. We can fight to help you overcome these challenges.
• Navigating the Appeals Process. Some insurance companies will arbitrarily reject workers’ compensation claim in the hopes that filers do not understand their rights or how to enforce them. We can help you fight improperly denied workers’ compensation claims and help you move through the state’s appeals process. Our team can work to strengthen any potential vulnerabilities in your case and do everything possible to attain your benefits.

Do I Need an Attorney To Pursue a Workers’ Compensation Claim?

When you have suffered a serious injury, all of your energies should be put into your recovery. Ask yourself if you want to be responsible for filing labyrinthine paperwork, attempting to parse opaque legal terms, or arguing with insurance companies when you should be resting.

Immense resources and expertise are necessary when it comes to workers' compensation claims. Hiring a skilled workers' compensation attorney can be extremely beneficial in recovering any benefits you may be entitled to.

Our experienced personal injury law firm understands how the workers’ compensation system works, as well as your rights and entitlements under the law. We will ensure that all relevant paperwork is completed accurately, provide advice on numerous issues related to workers' compensation laws, and represent you in any disputes that may arise throughout the entire workers’ compensation process.

When filing your workers' compensation claim you should expect conflict: Insurance adjusters are pressured to keep costs down and benefit payouts low, meaning that even if your claim is not outright denied, your compensation may be lowballed well below what you should be receiving.

Filing and fighting for a claim can be overwhelmingly complicated and stressful, but our workers’ compensation legal services in Southern California can help cut through the noise.

Our goal at The Sexton Law Firm is to help you get the benefits and compensation you deserve while giving you the space to recover. We will do everything possible to ensure your claim is successfully resolved.

Maximize Your Workers' Compensation Benefits

Making sure you receive the most out of your workers' compensation claim is a top priority for The Sexton Law Firm. Our knowledgeable attorneys are prepared to defend your rights in all situations, including case review, obtaining appropriate medical care, accurately calculating benefits, insurance negotiations, and claim appeals. Make an appointment for a free consultation right now to avoid navigating this complicated system alone.

Here are some ways we can help you maximize your workers' compensation benefits:

• Our attorneys will thoroughly evaluate the details of your work injury to determine the full extent of your injuries and the impact on your ability to work.
• We will work to ensure that you receive proper medical treatment and rehabilitation services to aid in your recovery.
• Our team will accurately calculate the compensation you are entitled to, including medical expenses, lost wages, and disability benefits.
• We will handle all negotiations with insurance companies on your behalf, fighting for a fair settlement that fully compensates you for your injuries.
• If your workers' compensation claim has been denied, we will guide you through the appeals process and fight to overturn the decision.

Don't navigate the complex workers' compensation system alone. Contact The Sexton Law Firm for a free consultation to discuss your case and learn how we can help you maximize your benefits.

Helpful Resources

• California Department of Industrial Relations - Division of Workers' Compensation

Schedule a free consultation by calling (619) 202-8976or contact us online! English & Spanish services are available.