Workers’ Compensation

Riverside and San Bernardino County Attorneys Assisting Victims of Work Injuries

In most cases, if you sustain a work-related injury or illness, your employer must provide you with workers’ compensation benefits. Unfortunately, the obligation to provide benefits is not always honored, and valid claims are often unjustly denied or undervalued. There are many facets to a workers’ compensation claim, and trying to determine the benefits that your employer owes you can be overwhelming. If you have suffered a work-related injury or illness, you should seek the assistance of an experienced Riverside and San Bernardino County workers’ compensation lawyer. At Law Office of Joseph Richards, P.C., our attorneys have the knowledge and skills needed to assist individuals who have suffered work-related harm with obtaining the workers’ compensation benefits that they are rightfully owed.

Covered Injuries and Illnesses

California law requires employers to provide workers’ compensation benefits to most employees who suffer a work-related injury or illness. The first step in recovering workers’ compensation benefits is to show that you are an employee, since independent contractors cannot recover workers’ compensation benefits. You must then show that your injury or illness arose out of and occurred in the course and scope of your employment. In many cases, such as when an employee suffers injuries due to a fall or a car accident, it is easy to show that the employee’s harm is work-related. In other cases, however, such as when an employee sustains an illness due to repeated exposure to harmful chemicals, it may be more difficult to prove that workplace conditions caused the impairment. A knowledgeable workers’ compensation attorney in Riverside and San Bernardino County may engage in discovery to obtain evidence to support the position that your injury or illness is work-related, which may enable you to recover the full amount of benefits to which you are entitled.

Temporary Disability Benefits

If you are unable to work due to a job-related injury or illness, you may be entitled to disability benefits. The amount of benefits that you can recover depends on the nature and duration of your disability. A temporary disability is a disability that an individual can reasonably expect to be cured or improved with treatment. A temporary disability may be partial, meaning that you can perform the duties of your job in a reduced capacity, or total, meaning that you are unable to work. Under California law, if you are dealing with a temporary total disability, you may be entitled to recover disability benefits at a rate of two-thirds of the average weekly wage that you earned before your disability. If you are dealing with a temporary partial disability, you may recover two-thirds of the weekly loss in earnings due to your injury or illness. Temporary disability benefits may be paid for up to 104 weeks. Temporary disability benefits may end if the employee returns to work at full capacity or if the disability is deemed permanent.

Permanent Partial Disability Benefits

If you are found to be permanently disabled, you may recover permanent partial disability benefits with the assistance of an Riverside and San Bernardino County workers’ compensation attorney. Similar to a temporary disability, a permanent disability may be partial or total. If you are deemed permanently disabled, you may receive a permanent disability rating, based on an evaluation of your injury, the nature of your occupation, and your age. If you have a permanent partial disability, you may be entitled to weekly payments. Your permanent disability rating determines the amount and duration of the payments.

Additional Benefits Recoverable

In addition to disability benefits, if you have suffered a workplace injury or illness, you may be entitled to the cost of any medical treatment, including prescriptions and adaptive devices, and the costs incurred in traveling to and from treatment appointments. If you are permanently disabled, you may be able to recover supplemental job displacement benefits, which are benefits that allow you to obtain skills and training to pursue other employment. If a person dies due to a work-related injury or illness, his or her dependents may be able to recover death benefits.

Contact a Workers’ Compensation Lawyer in Riverside and San Bernardino County or Beyond

The attorneys at Law Office of Joseph Richards, P.C. have substantial experience recovering California workers’ compensation benefits and can aggressively pursue benefits rightfully owed. Our offices are located in Orange and Riverside Counties, and we assist employees suffering from work-related injuries and illnesses in Santa Ana, Costa Mesa, Anaheim, Irvine, Moreno Valley, Corona, Temecula, El Centro, Long Beach, San Bernardino, Fontana, Rancho Cucamonga, and San Diego, as well as other areas of Orange, Riverside, Imperial, Los Angeles, San Bernardino, and San Diego Counties. We can be contacted at (888) 883-6588 or through our online form to schedule a consultation.

Work Injury

Riverside and San Bernardino County Attorneys Helping Victims of Workplace Accidents

If you are injured at work, your California employer is obligated to provide you with workers’ compensation benefits. Filing a workers’ compensation claim can be complicated, however, and it may be unclear what you need to do to recover benefits for your medical treatment and other needs. If you have suffered a workplace injury, you should retain an experienced workers’ compensation attorney as soon as possible. The Riverside and San Bernardino County work injury lawyers at Law Office of Joseph Richards, P.C. have extensive experience in helping injured workers pursue benefits and have a thorough understanding of the nuances of workers’ compensation law. Our primary office is located in Orange County, and we have a second office in Riverside County, from which we assist people throughout Southern California.

Covered Work Injuries

Under California law, employers are required to provide workers’ compensation benefits to injured workers. An employer may choose to self-insure, but most employers obtain workers’ compensation insurance from an outside company. To recover workers’ compensation benefits, you must show that you suffered a job-related injury. This means that you must prove that your injury happened during the course of your employment and arose out of your employment. It is also important to note that you must be considered an employee to recover benefits, since independent contractors are generally not entitled to workers’ compensation. Workplace injuries can arise under any circumstances, but they frequently result from motor vehicle collisions, slip and fall accidents, and machines with moving parts.

Procedure for Recovering Benefits

If you sustain an injury on the job, it is important that you notify your employer as soon as possible. If you do not provide your employer with notice of your injury, you may lose the right to recover any benefits. You will also need to provide your employer with a completed Division of Workers’ Compensation Form 1. Your employer will submit this form to its workers’ compensation insurer, which will officially open your claim. You should be notified shortly thereafter whether your claim is accepted or denied. If the insurance company accepts your claim, you may begin receiving workers’ compensation benefits.

If your claim is denied, or if there are any outstanding issues with the evaluation or resolution of your claim, a work injury attorney in Riverside and San Bernardino County may help you file an Application for Adjudication of Claim, which would open a case with the Workers’ Compensation Appeal Board. The Application may be filed in the county in which you were injured, the county in which you live, or the county in which your attorney is located. After the Application is filed, the parties may conduct discovery to gather facts regarding the circumstances surrounding the accident and the severity of the injury, and they may attempt to come to an agreement regarding the benefits that are owed. If the claim still cannot be resolved, a hearing may be held in front of an administrative law judge, who will decide any outstanding issues. The deadline as to when the Application must be filed may vary depending on the facts of your case. As a result, if you are pursuing benefits, it is important to consult with an experienced workers’ compensation attorney to ensure that you do not waive any rights by failing to act in a timely manner.

Benefits Recoverable

If you are injured in the workplace, an Riverside and San Bernardino County work injury attorney may be able to help you recover a variety of benefits. First, you may recover the cost of any medical care or prescriptions necessary to treat your injuries, as well as the cost of transportation to and from doctor’s visits. You may also be entitled to disability benefits. Temporary disability benefits are available if you suffer an injury that renders you temporarily unable to complete the duties of your job. Temporary disability benefits are paid at a rate of two-thirds of your average weekly wage prior to your injury and are subject to a weekly maximum. If you are eligible for temporary disability benefits, payments should begin within two weeks of your injury and are generally paid for a maximum of 104 weeks.

If you are permanently partially or totally disabled, you may be eligible for permanent disability benefits. The amount of permanent disability benefits that you receive depends on your permanent disability rating. If you are deemed permanently disabled and can no longer perform your previous job, you may also be eligible for supplemental job displacement benefits, which aid you in obtaining skill enhancement or training. Additionally, if a person dies from a work-related injury, his or her spouse or dependents may be entitled to death benefits.

It can be overwhelming to determine if you are getting all of the benefits that you are entitled to recover following a workplace injury. A skilled workers’ compensation attorney can guide you through the process of seeking benefits and assist you in ensuring that you are adequately compensated.

Schedule a Consultation with a Work Injury Lawyer in Riverside and San Bernardino County

The attorneys at Law Office of Joseph Richards, P.C. are adept at handling workers’ compensation cases and work tirelessly to assist injured workers. We have offices in Orange and Riverside Counties and represent injured workers in Santa Ana, Costa Mesa, Anaheim, Irvine, Moreno Valley, Corona, Temecula, El Centro, Long Beach, San Bernardino, Fontana, Rancho Cucamonga, and San Diego. We also represent claimants in other cities in Orange, Riverside, Imperial, Los Angeles, San Bernardino, and San Diego Counties. Contact us at (888) 883-6588 or via our online form to set up a consultation.