Since many employees spend long hours at work, it should come as no surprise that workplace accidents are a leading cause of accidental injuries. On-the-job injuries come in a variety of forms, including slip and fall accidents, burns, crush injuries, car accidents, and more. While some jobs are more dangerous than others, a workplace accident can occur in any industry. At Krolikowski Law, Orange County workers’ compensation lawyer Adam Krolikowski skillfully prepares claims so that his clients can focus on their recovery. With over 20 years of experience assisting accident victims in personal injury and workers’ compensation claims, Attorney Krolikowski has the knowledge and dedication to provide injured workers with the representation that they deserve.The California Workers’ Compensation Program
The workers’ compensation program allows employees injured in on-the-job accidents, as well as those diagnosed with an occupational disease, to obtain monetary benefits to cover the costs of their medical treatment. Workers’ compensation benefits also partially replace an injured employee’s wages while they cannot work due to their work-related injury. Since workers’ compensation is a no-fault system, an employee does not need to prove that their employer – or anyone else – caused their injuries. In most cases, an employee is eligible for workers’ compensation benefits even if they were responsible for their injuries.
Maximizing the amount of benefits is crucial for an injured employee, and injured workers should immediately reach out to a dedicated workers’ compensation attorney in Orange County for assistance. In addition to medical benefits, there are several other types of workers’ compensation benefits, depending on the nature and extent of an employee’s injuries. These include temporary disability benefits. which are based on an injured worker's temporary inability to work due to their injury. Temporary disability benefits provide two-thirds of the injured worker's average weekly wage, and they are limited in duration.
Permanent disability benefits are calculated based on an employee’s permanent loss of function due to their injury. Permanent disability benefits are paid on a weekly basis for a set period of time, depending on the level of disability. Meanwhile, workers who cannot return to the same job due to their injuries may be eligible for a one-time $6,000 voucher that the employee can use to obtain additional education or job training.Potential Complications in a Claim
The workers’ compensation program is funded through an employer-purchased insurance policy. Thus, when an employee files a workers’ compensation claim, the insurance company will ultimately be paying out on the claim, assuming that the insurance company approves the claim. As is often the case when dealing with insurance companies, even meritorious claims are often denied. For example, an employer’s workers’ compensation insurance company may deny a claim for any of the following reasons:
- The injury was not work-related;
- There is insufficient evidence of an injury;
- The injury resulted from another job;
- The employee does not need medical treatment; or
- The employee can return to work.
Orange County workers’ compensation attorney Adam Krolikowski can help you pursue an appeal of a wrongly denied workers’ compensation claim.Third-Party Personal Injury Claims
Workers’ compensation laws benefit employees in that they allow an injured worker to more quickly obtain benefits without the need to establish who was at fault. However, the trade-off is that employees give up their right to sue an employer. This is because under California workers’ compensation law, a workers’ compensation claim is an injured worker’s sole remedy against their employer. Consequently, an injured employee cannot obtain non-economic damages, such as compensation for the pain and suffering that they endured as a result of the accident.
However, since the sole-remedy provision of the workers’ compensation law only applies to employers, an employee often can pursue a third-party personal injury claim after a workplace accident. For example, if a worker is seriously injured in an on-the-job car accident, they can file a personal injury claim against the at-fault driver. This type of lawsuit requires an accident victim to prove that another party was at fault.Contact a Workers’ Compensation Lawyer in Orange County Today
If you have recently been injured in an on-the-job accident, reach out to Attorney Adam Krolikowski at Krolikowski Law. Attorney Krolikowski has capably represented injured workers in Orange County and across Southern California since 2004. Given his vast experience, Attorney Krolikowski knows how to effectively negotiate with insurance companies, and he is familiar with the workers’ compensation appeals process. To learn more, contact Krolikowski Law at 949-274-9915 to schedule a free consultation today.