Covering medical expenses and lost wages, workers’ comp is essential for protecting employees’ rights in the event of a work-related injury. When claims take too long or fall short of your needs, turn to Banderas Law for an Ontario, California workers’ compensation attorney who can navigate the legal complexities and fight for fair compensation.
Ontario Workers Compensation Guide
- Why Choose Our Ontario, California Workers’ Comp Attorneys?
- What Is Workers’ Comp?
- How Much Workers’ Comp Do You Get in California?
- Where Do Workers’ Comp Injuries Happen?
- What Injuries Qualify For Workers Comp in California?
- How Much Are Medical Expenses in a Work-Related Injury?
- Can I Sue My Employer for a Work-Related Injury?
- What to Do After an on the Job Injury
- Banderas Law: Compassionate Ontario, California Workers’ Comp Attorneys
Why Choose Our Ontario, California Workers’ Comp Attorneys?
Our Ontario, California workers’ comp attorneys understand the specific and urgent needs of those who have suffered a work-related injury and are here to offer personalized guidance every step of the way.
Whether collecting evidence, negotiating with insurance companies, or representing you in court, our Ontario personal injury attorneys ensure that all aspects of your case are thoroughly addressed and handled according to California workers’ compensation laws.
The Banderas Law Team has over 20 years of experience working with San Bernardino County residents struggling to get the workers’ compensation they deserve. With multiple awards showcasing our customer service and dedication to clients, English and Spanish speakers can rest easy knowing their case is in capable and compassionate hands.
Located in Ontario, California just off I-10 at Hayden Avenue, Banderas Law proudly serves the local community and surrounding areas, including San Bernardino, Fontana, Rancho Cucamonga, and more.
We understand the unique needs and challenges of the Ontario workforce and are dedicated to helping our clients get financially, physically, and emotionally stable so they can get back to a better quality of life.
What Is Workers’ Comp?
Employees injured or becoming ill due to a work-related incident are entitled to compensation for their medical expenses and lost wages. This compensation is provided through the workers’ compensation insurance program, which is mandated by California for all employers with at least one employee.
The employer pays for workers’ comp and covers any job-related injury or illness, regardless of who is at fault. This eliminates the need for employees to sue their employers to receive compensation, making it a more efficient and fair process for both parties involved.
However, navigating the workers’ comp system can be complex and overwhelming for those who are already dealing with physical injuries and emotional stress.
That’s where having an experienced Ontario, California workers’ comp attorney comes in to help protect your rights and ensure you receive the full compensation you deserve.
How Much Workers’ Comp Do You Get in California?
In California, injured workers are entitled to two-thirds of their pretax average weekly earnings during their period of temporary disability. Additionally, if your injuries result in permanent disability, you may be eligible for additional compensation.
But, there are limits to how much an employee can receive in workers’ comp benefits. At a minimum, your workers’ comp claim could be worth $242.86 per week, capping out at a maximum payout of $1619.15.
However, just because you are entitled to these benefits doesn’t mean that insurance companies will easily provide them. Insurance companies are known for minimizing payouts to protect their profits and may offer a lower settlement than you deserve. This is where having a skilled workers’ comp attorney on your side can make all the difference.
Where Do Workers’ Comp Injuries Happen?
In California, work-related injuries are most likely to happen in the warehouse, moving, and manufacturing industries.
But, the truth is that a workplace injury can occur in any job or industry, including:
- Transportation & trucking
- Office jobs
These settings and industries pose unique risks and hazards that lead to temporary discomfort and long-term disabilities. With such a range of potential injuries, it’s important to have an Ontario, California workers’ comp attorney who understands how to handle and advocate for your case.
What Injuries Qualify For Workers Comp in California?
Slip and fall accidents.
Slip and fall accidents account for a large number of work-related injuries in California. These accidents can occur due to wet or uneven surfaces, cluttered pathways, faulty equipment, etc.
While some may seem minor at first, slip and fall accidents can result in serious injuries such as:
- head trauma
- back injuries
- broken bones
- spinal cord injuries
- sprains and strains
Seek medical attention immediately after a slip and fall accident, even if you don’t notice any immediate symptoms. This ensures that your injuries are properly documented and helps prevent any long-term complications or worsened conditions.
Repetitive strain injuries (RSIs)
Jobs that require repetitive motions, such as typing, lifting, or assembly work, can lead to RSIs over time. These injuries occur due to overuse of certain muscles and tendons, causing inflammation and pain.
Some common types of RSIs include:
- Carpal Tunnel Syndrome
- Tennis elbow
- Rotator cuff injuries
If you experience symptoms of an RSI, seek medical attention and report your condition to your employer as soon as possible. These types of injuries can worsen over time if not properly treated, so it’s crucial to have a workers’ comp attorney who understands the severity and potential long-term effects of RSIs so that you can receive proper compensation.
Overexertion injuries occur when an employee strains or pulls a muscle while performing physical labor, resulting in pain and loss of movement.
More serious overexertion injuries can result in:
- Herniated discs
- Torn ligaments or tendons
- Nerve damage
These injuries often require time off work for recovery and may even require surgery. In some cases, they can result in permanent disability, making it important to have an experienced Ontario, California workers’ comp attorney who can help you receive the necessary compensation for your injuries and any potential long-term effects.
Exposure to harmful materials
Workers who are exposed to hazardous materials such as chemicals, asbestos, or radiation on the job may develop illnesses or diseases over time, including but not limited to:
- Respiratory issues
- Skin conditions
- Neurological disorders
- Hearing loss
In these cases, it’s crucial to have a workers’ comp attorney who understands the complex medical and legal aspects of these types of injuries and can help you receive compensation for any necessary medical treatment and lost wages.
Mental health issues caused by work-related stress
Work-related stress and mental health issues are a growing concern in the workplace, particularly in high-stress industries such as healthcare and emergency services.
These industries pose unique challenges and can lead to mental health issues such as:
- Post-traumatic stress disorder (PTSD)
In California, workers may obtain workers’ comp benefits for these injuries if they are directly related to job-related stress, such as retaliation, harassment, or discrimination.
How Much Are Medical Expenses in a Work-Related Injury?
Medical expenses for a work-related injury vary greatly depending on the severity and type of injury. However, workers’ comp benefits cover all necessary and reasonable medical treatment related to your workplace injury in California, including doctor’s visits, surgeries, medication, physical therapy, and more.
You might think your employer’s insurance will automatically cover all your medical expenses, but this is not always the case. Insurance companies may challenge the necessity or extent of treatment to minimize their payout.
If your claim isn’t accepted or the insurance company denies coverage for certain expenses, you may need to pay for medical costs such as:
- Paramedic/On-Site Emergency Treatment: $1,000 to $3,500+
- Emergency Room Treatment: $3,000 to $25,000+
- Initial Doctor Visit: $250 to $1,000+
- X-rays and Imaging Tests: $100 to $1,000+
- Physical Therapy/Chiropractic Visits: $60 to $250+ per visit
- Surgery: $2,000 to $50,000+
- Medications: $50 to $200+ per prescription
- Medical devices: $100 to $1,000+
Additionally, if your Ontario, California workers’ comp claim is related to mental or emotional injuries, you may require counseling or therapy sessions that average over $150 per session.
The astronomical medical expenses highlight the importance of having a knowledgeable Ontario, California workers’ comp attorney on your side. They can help ensure you receive proper compensation for all necessary treatment and protect you from being burdened with expensive medical bills that your employer’s insurance should cover.
Can I Sue My Employer for a Work-Related Injury?
In most cases, workers injured on the job cannot sue their employer for damages in addition to receiving workers’ comp benefits.
However, there are some exceptions to this rule, such as:
- If your employer intentionally caused your injury
- If your employer does not carry workers’ compensation insurance
- If a third party contributed to your injury (e.g., a faulty product or another company’s negligence)
It may be possible to file a personal injury claim against your employer or the responsible third party in these situations. Consult an experienced workers’ comp attorney in Ontario, California, who can evaluate your case and determine the best course of action for seeking compensation.
What to Do After an on the Job Injury
Fill out a DWC1 (Workers’ Compensation Claim Form)
The DCW1 starts the claim process and informs your employer of your injury. This form needs to be submitted within 30 days of the injury occurring. However, filing well before the 30-day deadline is recommended in case your injuries become more severe than initially thought.
Consult a Medical Professional
Documenting your injury is crucial for the workers’ comp claims process. Seeing a medical professional as soon as possible after your injury not only ensures proper treatment but also creates a record of your injury and its severity.
Gather evidence at the scene of your injury to support your claim, if possible. This can include photos and eyewitness accounts. If your injury resulted from a faulty product or equipment, photograph the defective or damaged items and get documentation from your employer about their last safety inspection.
Contact Banderas Law.
Even with evidence, medical documentation, and timely filing of the DWC1 form, the workers’ comp claims process can be complex and challenging to navigate on your own. By contacting Banderas Law, you can take some of the burden off your shoulders with a compassionate workers’ comp attorney who will fight for your rights and help you receive the compensation you deserve.
Only those classified as employees, not independent contractors or freelancers, are eligible for workers’ compensation benefits in California. However, if your employer misclassifies you as a freelancer when you should be an employee, you may still be able to file for workers’ comp.
If your employer denies coverage or payment for necessary and reasonable medical treatment related to your work injury, you can appeal their decision through the workers’ comp claims process. You may need legal representation to pursue your rights if this does not resolve the issue.
No, wrongful death is not covered under workers’ comp benefits in Ontario, California. However, if a loved one dies due to a work-related injury or illness, their dependents may receive death benefits through workers’ comp.
Consult an experienced workers’ comp attorney to understand your rights and options for seeking compensation in this situation.
The amount of time you can receive workers’ comp benefits in Ontario, California depends on the severity and extent of your injuries. In most cases, benefits will cover necessary medical treatment until you reach maximum medical improvement (MMI) or until your doctor determines you are fully recovered.
Banderas Law: Compassionate Ontario, California Workers’ Comp Attorneys
Surviving a workplace accident can be a traumatic experience, both physically and emotionally. If it’s happened to you and the insurance companies or your employer are denying or minimizing your benefits, don’t hesitate to contact Banderas Law.
Our team of Ontario, California workers’ comp attorneys will fight for your rights and help you receive the compensation you deserve for injuries and necessary medical treatment.
Our Ontario Location
Banderas Law, PC
3401 N Centre Lake Dr #470
Ontario, CA 91761
Tel: (909) 707-0000