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Workers’ Compensation Attorney Santa Maria CA

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If you were injured or became sick because of your work, you could be entitled to workers’ compensation benefits, including payments for medical bills and some lost wages. 

California Workers’ Compensation law is a no-fault system for employment-related injuries. That means your employer is required to pay for Workers’ Compensation Insurance to cover all its employees, whether they are specific injuries or disease or disabling conditions. 

At Ghitterman, Ghitterman & Feld, we protect the rights of injured and disabled Santa Maria, CA workers. Our legal team has extensive experience working with employee rights. They will advocate for you to make sure that your employer upholds its obligation under the law.

WHAT SHOULD I DO IF I GET HURT AT WORK?

If you’ve had an accident or sustained an injury while at work, there are steps you can take.

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Santa Maria CA Workers’ Comp Eligibility

California workers’ compensation regulations state that to be eligible, workers’ comp covers employees’ injuries “arising out of and in the course of the employment.” This generally means that you were injured or fell ill while doing your job or because of your job. 

 

These are the four basic eligibility requirements for workers’ comp benefits:

  • You must be an employee.
  • Your employer must carry workers’ comp insurance.
  • You must have a work-related injury or illness.
  • You must meet California’s deadlines for reporting the injury and filing your workers’ comp claim.

If you have questions about completing your workers’ comp claim, consult with Ghitterman, Ghitterman & Feld by giving us a call at (805) 214-8888. There is no charge to speak or meet with us. It’s free! 

California Workers’ Compensation Laws

In California’s no-fault workers’ compensation system, employees don’t have to prove that their employer was responsible for their injuries. They only have to demonstrate that the injury was work-related.

When it comes to workers’ compensation, you need to know that your best interests are represented – and we can help with that. We take pride in offering comprehensive legal services and personalized attention so we work hard for you every step of the way. Getting injured at work can be an overwhelming experience, and we understand how difficult it can be to navigate the system independently.

Workers’ Comp Insurance Law

All employers in California are legally required to have workers’ comp insurance. They must provide this through an insurance company or an approved self-insurance program. If your employer has broken the law by not having insurance, you have the right to sue your employer in civil court. 

Some claimants working for uninsured employers have collected damages by filing a lawsuit for pain and suffering, medical expenses, and lost wages against their employer while filing a workers’ comp claim.

If you’re awarded benefits, but your employer doesn’t pay, you may be eligible to collect from a fund the state has set up for this purpose, called the Uninsured Employers Benefits Trust Fund. If you’re unsure about handling your claim, speak with Ghitterman, Ghitterman & Feld, workers’ compensation attorneys in Santa Maria, CA. We provide a free consultation, so don’t be afraid to give us a call at (805) 608-3585.

Deadline to File A Claim

You should give your employer written notice of your injuries within 30 days after your injury. You also should file an official workers’ comp claim by filling out the employee’s portion of the claim form (which you should get from your employer) and returning it to your employer. Turning in the form within 30 days after your injury could also serve as your written notice.

Santa Maria Workers’ Comp Benefits

California workers’ comp laws entitle workers to certain benefits for work-related illnesses and injuries. These benefits are tax-exempt, unlike some other government benefit programs. If your claim is approved, you’re entitled to receive payment for:

  • Medical care costs 
  • Partial wage replacement while you’re away from work recovering from your injury or illness, also known as a temporary disability.
  • Permanent disability benefits if you don’t fully recover and have permanent limitations that affect your ability to work

If an employee dies from a workplace injury or illness, surviving dependents may be eligible for payments known as death benefits. If you’re unsure what benefits you may qualify for, call our experienced attorneys at Ghitterman, Ghitterman & Feld at (805) 214-8888.

My Workers’ Comp Claim Was Denied

Your employer’s insurance company must respond to your claim within 90 days. While your claim is being investigated, the insurer is legally responsible for up to $10,000 in medical expenses, even if they deny your claim. 

If you receive a letter denying your claim, you have the right to challenge that decision by applying for adjudication. If you’re received a denial letter, we’re here to help you. We assure you that you will receive the attention, care, and personal service of a small firm yet all the legal experience possible thanks to our extensive network of reputable legal professionals.

Social Security and Workers’ Comp

You may be eligible to collect Social Security Disability Insurance (SSDI) benefits and workers’ comp benefits, depending on the nature of your injury and whether you meet the other eligibility requirements. 

Typically, you won’t receive California State Disability Insurance (CASDI) for a work-related injury but, you may be able to get interim benefits from CASDI if your employer’s insurance company denies or delays paying your benefits.

Santa Maria California Workers’ Compensation Attorneys

When you have suffered an injury, whether at work or off the job, it can leave you bewildered. We understand that one of the most challenging parts of being injured at work can be getting your claim denied while trying to get your benefits from your employer. It’s a frightening situation to be in, and we’re here to help you through it.

At Ghitterman, Ghitterman & Feld, we have offices in Bakersfield, Fresno, Oxnard, Santa Barbara, Santa Maria, and Visalia. We offer free consultations where we’ll answer your questions and help you through this process; contact us online or call us at (805) 214-8888.