Workers Compensation Lawyers
Experienced Workers Comp Attorneys in Santa Ana
Have you been injured on the job? Are you feeling overwhelmed or pressured by your employer? Are you physically struggling due to your work-related injuries? At Fontes Law Group, we understand the stress and financial burden of not being able to work. Our workers compensation team can help you navigate through this complex legal system. You have rights as an injured employee when it comes to workers compensation. We will listen to you and advocate for you we can ensure you obtain the full financial compensation available to you.
Top Workers Compensation Lawyers
Whether you were injured by a traumatic event or a repetitive injury, workers compensation should cover your medical expenses and lost earnings. At Fontes Law Group we can represent you in dealing with the insurance carrier and defend your claim in court.
Workers Comp Legal Benefits
Temporary Disability Benefits
Permanent Disability Benefits
Supplemental Job Displacement
Reasonable, Flat-Fees With Payment Plans Available
Hurt At Work and Have Questions?
California Workers’ Compensation LawsAll employers are required to provide compensation for employees who have been injured or sickened because of their jobs by either carrying workers’ compensation insurance or by securing a certificate of self-insurance from the Department of Industrial Relations under Cal. Lab. Code § 3700. While some large corporations have sufficient revenues and profits to self-insure against workplace accidents and injuries, most employers in California instead participate by carrying workers’ compensation insurance. If an employer fails to carry workers’ compensation insurance, the employer can be convicted of a misdemeanor and be fined up to $10,000 for a first offense or $50,000 for a second offense under Cal. Lab. Code § 3700.5. California’s workers’ compensation system is a no-fault system. Under the law, employees can’t sue their employers in court for work-related injuries or accidents, but they can access workers’ compensation benefits. In exchange, employees also are not required to prove their employers were negligent before they will be entitled to benefits.
Types of Benefits Available Through Workers’ Compensation in CaliforniaThe following workers’ compensation benefits are available to injured or sickened workers whose injuries or illnesses are related to their jobs:
- Medical treatment and related costs
- Temporary partial or total disability benefits
- Permanent partial or total disability benefits
- Job displacement/retraining benefits
Medical Care BenefitsMedical care for work-related injuries or illnesses must be covered under Cal. Lab. Code § 4600. The medical treatment benefits must fully cover all related types of treatment for the injuries or illnesses, including hospitalization, acupuncture, surgery, chiropractic care, medical care, and others. It must also pay for the cost of any prescription medications, prosthetic devices, crutches, and surgical supplies. You do not have to use your private health insurance to pay for any of these costs. Instead, workers’ compensation benefits should cover them fully. However, your employer or its insurance company has the right to establish a medical provider network (MPN) through which you might be sent for treatment under Cal. Lab. Code § 4616. Medical care benefits also include the cost of transportation to and from your medical appointments or to pick up prescriptions. You are entitled to mileage reimbursement for your travel to attend medical appointments.
Temporary Partial or Total Disability BenefitsIf your injury or illness temporarily prevents you from returning to work, you might be entitled to temporary partial or total disability benefits under Cal. Lab. Code § 4653. These benefits pay 2/3 of your average weekly earnings until you are able to return to your job up to a maximum of 104 weeks. There is also a maximum amount of benefits based on a calculation the state performs each year. The payments will be made every two weeks under Cal. Lab. Code § 4650.
Permanent Disability BenefitsUnder Cal. Lab. Code § 4452.5, permanent disability benefits might be available if your injuries are disabling and permanently prevent you from returning to your former job. These benefits are calculated based on a disability rating scale. If you are determined to be less than 100% disabled by your injuries, you will be considered partially disabled. If you are considered to be 100% disabled, you will be entitled to permanent disability payments for the rest of your life. If your disability is rated between 70% and 90%, you will be entitled to a life pension once your weekly disability payments end.
Job Displacement BenefitsIf your injury prevents you from returning to your former job, you might also be entitled to job displacement benefits. This is a voucher for $6,000 that you can use for job retraining to learn a new type of job under Cal. Lab. Code § 4658.7.
Workers’ Compensation Benefits for Surviving Family MembersIf you are a surviving spouse or child of a worker who was killed in a work-related accident, you might be entitled to death benefits through your loved one’s employer’s workers’ compensation insurance coverage. Death benefits are available to surviving spouses and children, grandchildren, parents, grandparents, and others who were financially dependent on the deceased worker. Certain family members will automatically be considered to be total dependents of the deceased worker, including children under the age of 18, a spouse who earned less than $30,000 during the 12 months before the worker’s death, and mentally or physically incapacitated adult children who can not earn an income because of their disabilities. Others will need to present evidence showing they were total dependents if they do not fall into one of these three categories under Cal. Lab. Code §§ 3501-3503. The total amount of death benefits available are based on the number of total dependents as follows:
- One total dependent – $250,000
- Two total dependents – $290,000
- Three + total dependents – $320,000