Ventura Workers’ Compensation Attorneys

Fighting on Behalf of Injured Workers

If you were injured in a workplace accident, you might be eligible for workers’ compensation benefits. The workers’ compensation system is not based on fault, so even if you believe you were responsible for the accident, you should still file a claim.

At Crane Flores, LLP, our workers’ compensation attorneys in Ventura have over 50 years of experience in handling such cases and will provide the fierce legal advocacy you need to obtain the benefits you deserve.

What Does Workers’ Compensation Insurance Cover?

Workers’ compensation insurance covers the costs of an employee’s workplace injury or illness, including doctor visits, medication, physical therapy, and lost wages.

Here is a breakdown of the benefits provided through workers’ compensation insurance:

• Emergency medical expenses: Not all workplace injuries or illnesses require immediate medical care. However, if you require emergency medical attention, workers’ compensation insurance will cover your emergency room visit, the ambulance ride, and other immediate medical care.
• Ongoing medical care: Workers’ compensation insurance also covers necessary ongoing medical treatment, including surgery, visits to specialists, rehabilitation, and more. If you are unable to return to work because of your injury, workers’ compensation would likely still cover the costs of your medical care.
• Missed wages: Although you will not be able to recover the entirety of your missed wages, workers’ compensation benefits will cover a portion of your lost wages. Your injuries result in permanent disability, you might be entitled to receive permanent disability payments.
• Supplemental job displacement benefits: In addition to receiving a portion of your lost wages, if you cannot return to your job because of your injuries, you could receive benefits that will allow you to retrain for a new job.
• Funeral costs: If you lost a loved one due to a work-related injury or illness, workers’ compensation insurance can cover burial and funeral expenses. Additionally, the decedent’s dependents might be entitled to support payments.

Filing for workers’ compensation benefits can be a complicated process and it is not uncommon for employers to deny injured workers these crucial benefits. With skilled legal assistance on your side, however, you can improve your chances of obtaining the benefits you need.

Workers’ Comp Support for Every Industry

Crane Flores, LLP is proud to provide legal support for workers in every industry. No matter what place you call your workplace, we would be happy to call ourselves your legal representatives for your workers’ compensation claim.

When Do You Need to Report Your Injury?

In California, you need to report your workplace injury with 30 days of your accident if you want to collect workers’ compensation benefits. Waiting the full 30 days is not recommended, though. Ideally, you will tell your employer as soon as your injury happens.

Keep in mind that you should ensure that your employer hears about your workplace accident. Don’t assume that they know just because you were hurt in an area where other employees or customers saw it. Call your employer the next day or sooner to make your report.

Can You Get Workers’ Comp If You Caused Your Injury?

Workers’ compensation is a great employment benefit because it does not factor in liability when deciding eligibility for coverage. You can admit that you caused your workplace injury due to making a mistake and you will not be disqualified from getting workers’ compensation benefits. As long as you were not intentionally trying to get injured, you should be able to get the medical care you need at no cost to you.

The reason you can’t be disqualified from workers’ comp just because you caused your own injuries in an accident is that you also can’t hold your employer directly accountable in most situations. If you file for workers’ comp, then you can’t file a personal injury claim against your employer for negligence, and vice versa. Our Ventura workers’ compensation attorneys would be happy to review your case and let you know if you should be filing for workers’ comp or a civil injury lawsuit to maximize your recovery.

What is a Lump-Sum Settlement?

When a workers’ compensation claim is denied and the case needs to go into a legal confrontation involving the insurance company and an attorney representing the claimant, one possible solution will be to reach a settlement. In workers’ comp cases, settlements are usually paid as lump-sum amounts. You could be paid all at once for past and future benefits owed to you, rather than waiting for scheduled payment installations.

Can You See Your Own Doctor While On Workers’ Comp?

Typically, you will not see your own doctor after being hurt at work in California. The insurance company that has provided your employer with workers’ compensation coverage will have a network of medical providers under their plan. When you suffer an on-the-job injury, you will be instructed to go to or be taken to the nearest urgent care facility with a physician in that network. If you have been severely injured and need emergency medical treatments, then you will likely be taken to the nearest emergency room, regardless of insurance preferences.

There are two situations in which you might be able to see your own doctor, though:

1. You inform your employer that you want to see your own doctor before you are ever injured.
2. You have received initial treatments from the in-network medical provider before requesting to switch to a doctor of your choice.

Appeals for Denied Workers’ Comp Cases

Insurance companies have 90 days to respond to a workers’ compensation case. Until they respond, the insurance company must provide up to $10,000 in coverage for necessary medical treatment costs. The claim can be denied later, but those $10,000 will have to be provided if the denial was not made before the costs were incurred.

If your claim is denied, then you should receive a physical denial letter informing you of the denial and why the decision was reached. At this point, you should call our Ventura workers’ compensation attorneys immediately to discuss your next steps. You could have only a few weeks left to challenge or appeal the denial, depending on when the denial letter was postmarked and when you decided to take action.

Call our Ventura Workers' Comp Lawyer for a Free Case Review!

At Crane Flores, LLP, our workers’ compensation lawyers in Ventura are committed to protecting the rights of injured workers, so they can access the benefits they need to get through this difficult experience. Even if you were already denied these vital benefits, you can rely on our team to assist you.