Answering Common Workers’ Compensation Questions

While almost everyone is covered by workers’ compensation, only a few have comprehensive knowledge about this benefit. At Velilla Law Firm, we aim to address some of the questions you may have had about your coverage.

Who is covered by Workers Compensation?

Workers’ compensation insurance typically covers employees who are injured or become ill while performing job-related duties. Coverage may extend to various types of workers, including:

• Full-Time Employees: Regular full-time employees are usually covered by workers’ compensation.
• Part-Time Employees: Part-time employees are often covered, but coverage requirements can vary by jurisdiction.
• Temporary Workers: Temporary or seasonal workers are typically covered, either by the host employer’s policy or through a staffing agency’s coverage.
• Contractors and Subcontractors: Depending on the legal classification, contractors and subcontractors may or may not be covered. Some may need to carry their own workers’ compensation insurance.
• Casual Workers: Workers hired on a casual basis may be covered, but coverage can depend on the nature and duration of their employment.
• Certain Agricultural Workers: Agricultural workers may be covered by specific state laws, which can vary.

It’s important to note that not all workers may be covered, and coverage requirements can differ by jurisdiction and industry. Some individuals, such as independent contractors, may not be covered by traditional workers’ compensation but might have alternative forms of insurance or legal remedies.

Employers are typically required to carry workers’ compensation insurance to provide benefits to employees who suffer job-related injuries or illnesses. The specific rules and regulations governing workers’ compensation vary by state and country, so it’s essential to check the laws applicable to your location and industry.

Do I have a Workers Compensation case?

If you’ve sustained a workplace injury requiring medical attention or time off to recover, it’s probable that you have a valid workers’ compensation case. If you’re uncertain, reach out to our firm to review the specifics of your situation. The initial consultation is complimentary, ensuring there is no risk on your part.

I have a repetitive motion injury – am I eligible?

Certainly. Repetitive motion injuries, those arising from consistent daily movements, may qualify for workers’ compensation coverage. However, establishing that your stress injury is work-related can be challenging. Feel free to contact the firm for a discussion to explore your situation further.

Why do I need a workers’ compensation attorney?

A Workers Compensation Attorney is vital for the following reasons:

• Understanding of the Law: Workers’ compensation laws can be complex. An attorney can help you navigate these laws and ensure you understand your rights and responsibilities.
• Maximizing Benefits: An attorney can work to maximize the benefits you receive, including medical expenses, lost wages, and disability benefits.
• Disputed Claims: If your claim is disputed or denied, an attorney can help you appeal the decision and advocate for your rights.
• Medical Evidence: An attorney can assist in gathering and presenting medical evidence to support your claim, ensuring you receive the necessary medical treatment.
• Negotiating Settlements: If a settlement is offered, an attorney can negotiate on your behalf to ensure you receive fair compensation.
• Protecting Your Rights: A workers’ compensation attorney is your advocate, ensuring your rights are protected throughout the claims process.
• Handling Legal Procedures: Legal procedures involved in workers’ compensation claims can be complex. An attorney can handle the paperwork, deadlines, and legal requirements on your behalf.
• Experience with the System: Attorneys specializing in workers’ compensation cases have experience dealing with insurance companies, employers, and the administrative processes involved.
• Appeals and Hearings: If your case goes to a hearing or requires an appeal, an attorney can represent you and present your case effectively.
• Peace of Mind: Knowing that you have an experienced professional handling your case can provide peace of mind, allowing you to focus on your recovery.

The primary advocate for your best interests is you, supported by your legal counsel. It’s crucial not to allow predatory practices from employers or insurance companies. Stand up for your rights and ensure you receive the full benefits you deserve from a workers’ compensation claim. At our firm, we are committed to working tirelessly to help you achieve that. Do not settle for anything less.

Am I able to choose my own treating physician?

If you designate a specific doctor before the injury occurs, you can receive treatment from that doctor after the accident. Otherwise, you will be required to see the doctor designated by your employer.

What happens when my claim is denied?

Not all attorneys are willing to accept your case if your claim were denied. We are unafraid of tackling challenging cases. If your workers’ compensation claim has been denied, we are prepared to pursue litigation on your behalf. Moreover, we have received numerous referrals for such cases from other attorneys who opt not to handle them.

Do I need to return back to work if I am still in pain?

If your recovery period has concluded, you may need to resume work. However, if you are still dealing with pain, it’s advisable to consult with your doctor to explore the possibility of extending your recovery until you are fully healed. Should your doctor not grant an extension, contact us promptly for further guidance.

What if I can not afford to hire an attorney?

At the Velilla Law Firm, we want to alleviate any concerns about payment for our representation. To provide you with the assurance you seek in your claim, we operate on a contingency fee basis. This means we only charge our clients if we successfully secure compensation for their injury or illness. Even then, our payment is derived from the compensation you receive, ensuring you never have to cover our fees out of your own pocket.

Contact us for further inquiries

It’s natural to have additional questions about workers’ compensation or your specific case. To provide the answers you seek, we offer a complimentary initial consultation, making the first step even more accessible for your case.

If you’re ready to discuss your workplace injury, reach out to us at the firm today. Remember, your first consultation is completely free. Fill out the contact form or give us a call at (916)891-1111.