Workers’ compensation laws were established to ensure that an injured worker receives fixed monetary awards, avoiding the need for litigation, according to Cornell Law School. These laws, including the statutes on the books in California, can be quite complex. Successfully pursuing a workers’ compensation claim in California can prove to be a challenging task. This reality underscores the need for an injured worker in the state to retain the services of skilled legal counsel, including Los Angeles workers’ compensation lawyers.
Overview of Workers’ Compensation in California
The California Workers’ Compensation Act establishes a comprehensive workers’ compensation program. Nearly all employers in the state of California must comply with the provisions of the California Workers’ Compensation Act. The law requires employers to obtain an appropriate policy of insurance to cover injury claims filed by workers. In addition, the law established a special fund that compensates worker claims in situations in which an employer illegally failed to obtain proper insurance.
Independent Medical Evaluation
One important right that an injured worker has pursuant to California workers’ compensation law is to obtain an independent medical evaluation. An injured worker’s employer can seek its own medical evaluation of the injuries alleged to be sustained by a worker. However, a worker also has that same right. There are capable physicians who provide evaluations of this nature for injured workers. An experienced workers’ compensation lawyer can assist a person in finding a reputable physician who can assist in providing this type of evaluation.
Timeline in a Workers’ Compensation Case
An injured worker must meet certain milestones when it comes to filing and pursuing a workers’ compensation claim in California. There are specific deadlines that must be met in a case. The failure to meet a deadline or milestone can have a negative impact on an injured worker’s claim. This is another factor that underscores the necessity of taking a proactive approach to retaining the professional services of a skilled, experienced California workers’ compensation lawyer.
Attorney Fees in a Workers’ Compensation Case
A workers’ compensation lawyer in Los Angeles, indeed throughout California, utilizes what is known as a contingency fee agreement. Through this arrangement, an injured worker pays nothing in the way of attorney fees unless a favorable resolution of a claim is achieved. The fee is an agreed, reasonable percentage of that settlement. In addition, California law places a cap on what an attorney can charge in a workers’ compensation case.
Retain an Experienced California Workers’ Compensation Lawyer
The initial step in retaining the services of a California workers’ compensation attorney is arranging for an initial consultation with legal counsel. During an initial consultation, an attorney will provide an evaluation of a case. This includes a discussion of potential strategies designed to ensure optimal compensation in a case. A lawyer will also provide answers to questions from an injured worker, including providing an explanation of how the law works. Typically, a workers’ compensation lawyer charges no fee for an initial consultation with a prospective client.