What to Look For in a Workers’ Comp Attorney in California

Did you know that 2.8 million workplace injuries occur each year, and 900,000 of those injuries require an employee to take off work? That 2.8 million number equates to an average of 7,600 injuries a day! 

These staggering statistics are enough to make anyone take a second look at their harnesses or watch where they are stepping.  

However, workplace injuries do occur, and when they do, Workers’ Comp Insurance can help you stay on your feet while you are off of yours. 

What is Workers’ Comp Insurance?

Workers’ compensation insurance is the insurance held by the business that protects employees in case of a workplace accident that results in injury.  

Workers’ comp laws vary by state. For example, if a business has at least ONE employee in California, they must hold workers’ comp insurance or face fines and other penalizations.  

California also has a no-fault policy which means that even if the accident was caused by employee error, that employee is still covered and protected. 

I Was Injured at Work…What Should I do?

If you were injured, the first thing you should do is seek medical treatment if you haven’t already done so.  A medical professional should always check a slip and fall, deep laceration, or head injury.  A good rule of thumb is that if a band-aid can’t fix it, get a doctor to check out your injury.  Even if you feel fine, you can still have an internal injury, concussion, or end up with an infection in the injured area.  

After you’ve sustained an injury at work, you have 30 days to seek medical treatment and report the injury to your employer.  The sooner you report it, the better.  If you went to the hospital or physician’s office, let them know that you were injured at work so that they can make a note of it in your medical records. 

Once you report your injury to your employer, they have ONE business day to give you resources, information, and workers’ comp claim paperwork that you will fill out and return for them to submit to their insurance company.  

After the paperwork is turned into the insurance company, they will review the claim and either approve or deny it.  If you’re approved, you will have your medical expenses covered and recoup a percentage of lost wages from when you are off work.  However, if you are denied, you can file an appeal…at that point, you will want to consult with a Workers’ Compensation Attorney. 

Workers’ Comp Red Flags

Workers’ compensation claims aren’t always an easy and smooth process.  Here are some red flags to look out for after you’ve sustained an injury at work and when it’s time to hire a workers’ comp attorney. 

• Your employer isn’t forthcoming with the claim information
• Your employer denies that the accident happened and refuses to admit it to insurance
• Your employer is refusing to pay for the accident – through medical bills and wages
• You were fired from your job because of your workplace injury
• You are being bullied or harassed by your employer (Read our previous article on hiring a Workplace Harassment Attorney)
• Your employer is trying to deny the claim and lie to the insurance company

If any of the statements above are currently happening to you, it is time to call us here at Montero Law Firm to represent you and get you the compensation you deserve.  As stated above, California is a NO FAULT state which means that you are protected no matter what. Therefore, if your employer is stalling, denying, or lying about your injury, you need to connect with an attorney today! 

How to Choose the Right Attorney

When looking for an attorney to represent you, it is imperative to choose an experienced attorney in the workers’ compensation industry. In addition, attorneys can practice law in different fields such as criminal, immigration, corporate, financial, estate, divorce, and more.  

You want to make sure you choose a workers’ compensation attorney that has experience with similar cases.  By selecting a workers’ compensation attorney, you will not have to worry about paying an upfront cost because most will be hired on a contingent fee, which means that you pay them once your case has been won or not at all if you lose.  If you find a lawyer who wants paid upfront, they might not be your best choice.  You’ve already got medical bills and lost wages to worry about. 

You also want to look for an attorney who has your best interests at heart.  They will act as your advocate and point person for communication between your insurance company, your employer’s insurance company, and your employer.  They will fight for your rights and help you get the maximum benefits you are entitled to.  

Work with Montero Law Firm

If you’ve been injured in a workplace accident and live in the Southern California area, look no further than Montero Law to represent you.  Even if you aren’t sure if your claim should turn into a lawsuit, we offer free consultations to guide you and give you the advice you’re looking for. 

We provide you with aggressive representation while ensuring your needs are met and you are healing and rehabilitating comfortably. Let us help you get back on your feet today and provide you with all the benefits you deserve after your workplace injury.