Your workers’ comp benefits can make life easier for you while recovering from a severe injury or illness. The average worker’s compensation settlement is $21,800. Unfortunately, only 73% of those workers received a payout from their workers’ compensation claims, which typically range between $17,000 and $27,000. The payout is calculated based on two-thirds of your average weekly wages before your work-related accident. Once you’ve been injured, the first step is to speak to your employer and tell them what happened. Workers’ compensation cases are reviewed by your employer’s insurance company, which estimates how much you will receive. The California workers’ compensation system will then send you an amount based on the types of workplace injuries you experienced. If you’re dissatisfied with the number of benefits, you can receive legal assistance from a workers’ comp attorney. Your workers’ compensation lawyer has experience in managing personal injury cases for injured workers in Orange County. Speak to a dedicated team of workers’ compensation attorneys who can guide you throughout your workers’ comp claim. Call the Orange County workers’ compensation lawyers at Timothy J. Ryan And Associates LLC for a free consultation.
How much do workers comp lawyers charge in California?
California workers’ comp lawyers work on a contingency fee basis. This means you do not pay the attorney until you receive your settlement sum. Typically, attorneys’ fees can range from 9% to 12% of the awarded benefits.
What is the average workers’ comp settlement in California?
In the state of California, the average weekly wage for workers’ compensation benefits is $1,570. This is based on your current compensation, where you receive two-thirds of the pre-tax amount you were paid before your injury. The workers’ compensation helps cover your medical expenses and also the wages you lost while you were unable to attend work. This can extend for days, weeks, or months. The insurance company calculates the average weekly rate, and your state decides how much of your lost wages should be covered by the workers’ compensation policy. The severity of your injury is also plays a part. More severe injuries will require higher medical bills and an even longer recovery time.
What is the highest workers comp settlement in California?
The largest California workers’ compensation settlement totaled $11,300,000. This was for a client who experienced catastrophic traumatic brain injury. She was a 29-year-old woman that was working as a nanny for a family. The woman accompanied them when they went to Colorado for a ski vacation and babysat the child. The client was a passenger in her employer’s car during a horrific car accident that resulted in catastrophic traumatic brain injury. Because of this accident, she had to use a wheelchair for the rest of her life and receive 24/7 care. The employer’s insurance company denied the liability for the claim. However, the victim’s attorney ensured she was eligible for workers’ compensation benefits.
Are workers comp settlements public records in California?
Records and information of workers’ compensation adjudication cases can be found and are provided as public information. The workers’ compensation court system provides information that identifies the state’s reason for making their workers’ compensation request. However, the records don’t disclose the person’s name or residency. Social security numbers are also not included. This protects the privacy of the workers in accordance with labor code section 138.7.
How Long Does It Take To Settle A Worker’s Comp Case?
Sometimes, you may need to file an appeal to receive the compensation you deserve. However, this can take some time. The settlement process can take between 12 to 18 months. It can be a longer time if your case goes to trial and is reviewed by a judge and jury. Some claims can require a lengthy period of time because of the discovery process and investigation that comes with reviewing evidence, especially in complex cases. There are claims that weren’t settled until 25 years later. You can ask your workers’ compensation attorneys how long they believe it may take for your case to be closed and settled.
What Do I Do If I Was Denied Or Received Less Compensation Than I Deserve?
When you receive less than you anticipated for your workers’ compensation claim, you may have to take action with the help of a workers’ compensation attorney. Here is what you can expect:
Workers’ Compensation Lawyers Review Your Rejection Letter
For California workers’ compensation claims, you will typically receive a letter explaining why you were denied benefits. Your workers’ compensation attorney will review the letter to figure out what went wrong and try to supply useful information to overcome this problem.
Determine Whether You Made An Error
In Orange County, it’s not uncommon for an injured worker to make a mistake on their workplace injury claim. They may have left out crucial details about their workplace accident, didn’t get medical treatment quickly enough, didn’t follow the doctor’s orders, or had other errors. To get maximum benefits, it’s important that you provide as much information as possible in a timely manner. Workers’ comp attorneys will launch an investigation for their clients to find out how the on-the-job injury occurred and use your record of medical care as additional evidence.
Correct Information Regarding Worker’s Compensation Cases
After an attorney has reviewed your work-related injury and found enough evidence to support your claim, they can let you know how much financial compensation you’re entitled to. You will have to file an appeal with your state’s workforce department to request a hearing. Your workers’ compensation attorney will direct you through this stage and help you submit the correct information so that your records are updated and eligible for benefits.
File A Petition For Reconsideration
To file an appeal with the Workers’ Compensation Appeal Board, you must first file a Petition For Reconsideration with your local Southern California district office to have your case reviewed. In most cases, you will have only 20 days from the date that you received a decision from your local district office before you can appeal it.
Attending A Meeting
Your Orange County workers’ compensation attorney can represent you throughout the appeal process. You will first attend a meeting with your employer and the insurance adjuster to try to agree on the amount of benefits you should receive. If they disagree that your work-related injuries should receive compensation, then you can move forward and schedule a hearing.
Go To Trial
At the hearing, your workman’s comp attorney will explain to the judge or jury why you should receive benefits according to the workers’ compensation law. They will provide new evidence that shines a light on the aspects of your injury that have disabled you, preventing you from working full-time. The court must review your case and investigate your claim before you can be considered.
Receive A Decision
It may take time before you can begin recovering benefits because you have to wait on the court’s decision. However, with enough useful evidence and accurate information, your attorney can make sure that you receive the California workers’ compensation benefits you deserve. If you receive a decision that is in your favor, you pay your attorney their contingency fee. Otherwise, if the court decides to deny benefits for a specific reason, you can update your claim with the help of your law firm and file an appeal again.
Why Might My Claim Be Denied?
You can be denied compensation if you file a fraudulent workers’ compensation claim that exaggerates or includes false details about your injury. This is also illegal and can result in serious consequences. Another reason you may not receive compensation is that there was not enough evidence to show that your injury was indeed work-related. This is why you should receive medical treatment as soon as possible after your injury to show that your wounds were connected to your workplace accident. Your medical records are a form of evidence. If you were not compliant and became even more injured because you ignored your doctor’s recommendations after you were first treated, this can be another reason your claim is denied. Other reasons include illegal behavior. For example, if you were intoxicated while driving at work. If you weren’t working and were injured, then you won’t receive compensation because this is not connected to your job. You can, however, still receive compensation if you were working but weren’t at your job site. For example, if you were traveling on behalf of your company, are paid to commute to work, or are delivering for your organization, and are injured in this capacity, it’s still considered a workplace injury.
Learn More From Competent Workers’ Compensation Lawyers
Your Orange County workers’ compensation lawyer has your back and will do their best to represent you before the Workers’ Compensation Appeal Board. They’ll review all the important details of your case and make sure the court is aware of the evidence supporting your claim. Call Timothy J. Ryan And Associates LLC for a free consultation. Our Orange County workers’ compensation lawyers represent workers injured on the job. Whether our clients suffer from repetitive stress injuries from years of turning a wrench, a lower back injury from lifting heavy objects, carpal tunnel syndrome from typing, or something more life-altering and catastrophic, your case is our highest priority. Call today.