Ventura Workers’ Compensation Attorneys

Fighting on Behalf of Injured Workers in Ventura

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. It's crucial to understand the comprehensive nature of these benefits, designed to cover various aspects of your recovery.

At Crane Flores, LLP, our workers’ compensation attorneys in Ventura have over 50 years of experience in handling such circumstances and will provide the fierce legal advocacy you need to obtain the benefits you deserve. Understanding the nuances of the system helps in securing rightful benefits effectively and efficiently, which is why our attorneys are dedicated to being thorough in every client interaction.

What Does Workers’ Compensation Insurance Cover in Ventura?

Workers’ compensation insurance covers the costs of an employee’s workplace injury or illness, including doctor visits, medication, physical therapy, and lost wages. These benefits are essential in ensuring that injured workers receive the necessary support to regain their health and livelihood without financial burden.

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 care, ensuring urgent issues are addressed promptly.
• 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, further alleviating recovery concerns.
• 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. If your injuries result in permanent disability, you might be entitled to receive permanent disability payments, providing long-term financial stability.
• 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, navigating legal processes more smoothly.

Comprehensive Workers’ Comp Support for Every Industry

Crane Flores, LLP is proud to provide legal support for workers in every industry. No matter where your workplace is, we are prepared to stand by you as your reliable legal representatives for your workers’ compensation claim. Our commitment extends to understanding the specific regulations and labor dynamics that each industry encompasses.

Reporting Ventura Workplace Injuries Timely

In California, you need to report your workplace injury within 30 days of your accident if you want to collect workers’ compensation benefits. Waiting the full 30 days is not recommended. Promptly telling your employer when your injury occurs is critical, as it ensures timely documentation and response, preventing unnecessary delays.

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, ensuring clarity and accuracy in communication.

Eligibility for Workers’ Comp If You Caused Your Injury

Workers’ compensation is a valuable 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. This approach ensures that workers focus on recovery rather than fault.

You can’t be disqualified from workers’ comp just because you caused your injuries in an accident because you also can’t hold your employer directly accountable in most situations. If you file for workers’ comp, you can’t file a personal injury claim against your employer for negligence, and vice versa. Our Ventura workers’ compensation attorneys are here to review your situation and advise whether you should file for workers’ comp or a civil injury lawsuit to maximize your recovery.

Local Regulations & Considerations for Work Accidents

Understanding local Ventura regulations is crucial in managing a workers' compensation claim. Ventura County has specific guidelines that must be adhered to by both employees and employers to ensure a smooth claims process. It is important to familiarize yourself with such regulations to avoid any missteps that could potentially affect your eligibility for benefits.

In addition to these regulations, workers in Ventura often deal with regional challenges such as industry-specific risks. For example, agricultural workers may face unique hazards due to the region's prominent farming industry. Being aware of these specific risks and engaging with a knowledgeable attorney who understands these local nuances can help!

Appeals for Denied Workers’ Comp Cases

Insurance companies have 90 days to respond to a workers’ compensation situation. 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, 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. Timely legal intervention can make a significant difference in the outcome.

Frequently Asked Questions

How Long Do I Have to File a Workers' Compensation Claim?

Once you have notified your employer of your workplace injury, you generally have one year to file a workers’ compensation claim in California. However, it's best to proceed swiftly to ensure all necessary documentation and evidence are gathered in a timely manner. This approach helps in maintaining the integrity of your claim and avoids potential disparities that might arise with delayed filings.

What Are Common Reasons for Denial of Workers’ Compensation?

Workers’ compensation claims can be denied for several reasons, including insufficient evidence of injury, late reporting, or discrepancies in the accident report. If your claim is denied, seeking legal advice promptly can be crucial in identifying the reason for denial and understanding how to address it. Our team at Crane Flores, LLP is prepared to help analyze and challenge denials thoughtfully and strategically.

What Should I Do If My Employer Does Not Have Workers’ Compensation Insurance?

In California, employers are legally required to carry workers’ compensation insurance. If your employer does not have any insurance, you still have options. You can potentially pursue a claim through the Uninsured Employers Benefits Trust Fund (UEBTF), which offers an alternate route to securing compensation for work-related injuries. 

What Is a Lump-Sum Settlement?

When a workers’ compensation claim is denied, and the matter needs to go into a legal confrontation involving the insurance company and an attorney representing the claimant, one possible solution will be to settle. In workers’ comp scenarios, 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. This arrangement can offer financial stability and clarity on future entitlements.

Can You See Your Doctor While on Workers’ Comp?

Typically, you will not see your 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, ensuring immediate care.

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

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

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. Our dedication lies in simplifying the complex journey towards rightful compensation for all our clients.