Best Workers Compensation Attorneys in Santa Maria

FAQs

• What is the non-emergency contact number for the local police station in Santa Maria, California?

  For non-emergency cases, you may contact the Santa Maria Police Department’s non-emergency dispatch at (805) 928-3781 extension 2277.

• Where can I get a copy of police report for incidents related to my case in Santa Maria, California?

  You can obtain a copy of the police report for workers’ compensation-related cases in Santa Maria by mailing a request and sending it to Santa Maria Police Department, 1111 Betteravia Road, Santa Maria, CA 93458. You can also request in person.

• How do you file a workers’ compensation claim in Santa Maria?

  In Santa Maria, you must notify your employer of your employment injuries and receive a claim form within one working day. If you didn't get a claim form, download one from the DWC's form page. Send your employer the completed form. You should receive a copy of the completed form from the insurance provider. For questions, you can call the DWC Information & Assistance Office in Santa Barbara, which is the closest one in Santa Maria. You can call them at (805) 568-1295.

• How long do you have to file a workers’ compensation claim in Santa Maria?

  If you suffered a workplace injury or illness in Santa Maria, you must immediately notify your employer and submit your completed workers’ compensation claim form to them. You have 30 days from the date of your workplace injury to file a claim. If you have failed to submit your claim within 30 days, you may lose the right to collect workers’ compensation benefits.

• What will happen if your employer fired you while you are on workers’ compensation benefits in Santa Maria?

  If your employer in Santa Maria fired you while you are still receiving workers’ compensation benefits, your benefits will not be affected, and you will continue to receive them. Under California law, it is illegal to fire an employee just because they submitted a workers’ compensation claim. However, employers can terminate your employment for another reason. Fortunately, the workers’ compensation program requires continued payment to the injured worker until they reach a maximum medical improvement state.

• Who is eligible to receive workers’ compensation benefits in Santa Maria?

  Workers who suffered injuries at the workplace are eligible to file a claim and receive workers’ compensation benefits in Santa Maria. These include chemical burns, back injuries from a fall, and illnesses contracted from repeated exposure. However, injuries sustained as a result of misconduct are not covered. The employee should have also submitted the claim within 30 days from the date of their injury.

• Can you quit your job while collecting workers' compensation benefits in Santa Maria?

  Yes. Even if you quit or lose your job in Santa Maria, you can still claim your workers’ compensation benefits for injury-related surgeries, doctor and hospital bills, medical prescriptions, and required medical devices. However, if you are collecting temporary workers’ compensation disability benefits and you quit your job, you can no longer receive these benefits.

• What does a workers’ compensation attorney do?

  Workers’ compensation attorneys help injured employees recover monetary benefits following workplace accidents and illnesses. Attorneys in this practice area provide legal advice, gather evidence, review medical records, prepare petitions, and negotiate insurance settlements. They also represent clients’ interests during court cases and administrative hearings overseen by state workers’ compensation boards.

• What are the benefits of filing a workers’ compensation claim?

  Workers’ compensation insurance gives employees access to vital cash benefits in case of workplace injuries or illnesses. Filing a claim can help injured workers pay for medical care, physical therapy, and essential living expenses while they recover from a temporary or permanent disability. Workers’ compensation also pays for funeral and burial expenses following fatal workplace injuries.

• How long does a workers’ compensation claim stay open?

  Workers’ compensation claims typically remain open as long as the individual is receiving treatment or until the injured party reaches maximum medical improvement. This milestone varies for each person, and it can take years to determine whether a disability is temporary or permanent. Additionally, there’s a fixed time limit for filing a lawsuit. The statute of limitations can be anywhere from six months to two years from the date of the injury or the date of the last payment, depending on the worker’s state of residence. A qualified attorney can explain your state’s specific rules.

• What is the average payout for a workers’ compensation claim?

  Nationally, the average workers’ compensation claimant receives $21,800. Payouts range from $2,000 on the low end to upwards of $60,000 for well-compensated workers in high-income areas. The exact amount depends on the claimant’s average weekly paycheck, the extent of the injuries, and their state of residence. Individuals who accept an insurance settlement or initial offer typically receive less than those who negotiate or have an attorney represent them before an arbitrator or workers’ compensation judge.

• How are settlements calculated in workers’ compensation cases?

  Settlements typically cover current and future medical expenses, vocational rehabilitation or retraining, and two-thirds of lost wages. The total amount may vary depending on whether the worker’s disability is temporary or permanent. Workers’ compensation also pays death benefits, including funeral expenses and two-thirds of wages for up to 25 years or a state-specified maximum.

• What is workers comp?

  Workers' compensation is an insurance program that provides medical care, rehabilitation, and other benefits for employees who are injured or fall ill while performing assigned work duties. Common reasons for filing a workers' comp claim include slip and fall injuries, machinery accidents, or muscle strains while lifting heavy items.

  All businesses must carry some form of workers' compensation insurance, with minimum guidelines imposed by the state of residence. Workers' comp is intended to safeguard both the employee and the employer by providing a social safety net. This can protect companies from civil suits and guarantee that injured employees receive the benefits they need.

• What does workers comp cover?

  Workers' compensation insurance covers benefits associated with a wide range of accidents and illnesses that may occur in a place of work. This can include:

  • Medical benefits, such as payments for treatments, hospitalizations, or surgeries
  • Compensation for lost wages while not working
  • Coverage for ongoing care, such as physical therapy
  • Continued access to benefits, including insurance provided through an employer
  • Disability benefits, if an injury results in a permanent loss of functioning in some manner
  • Death benefits and funeral expense coverage

  How and when workers' compensation coverage applies depends on the illness or injury in question and the results of a medical exam. An unsatisfactory ruling by an insurer can be appealed with help from a workers' comp attorney.

  
  

• What does a workers comp defense attorney do?

  A workers' compensation defense attorney is a legal professional who represents the employer in a workers’ comp case. Typically, the defense attorney works to minimize the employer’s liability and reduce the amount of benefits to be paid out.

• When does workers comp start paying?

  How and when workers' comp starts paying can depend on both the circumstances and the state in which an injury took place. In most areas, benefits related to medical care start paying out immediately, even before a claim is formally processed or accepted. Once a case is approved, injured workers may be entitled to other benefits, including coverage for lost wages.

• How much is workers comp insurance for self-employed people?

  Workers' compensation isn't required for self-employed individuals, but those working in dangerous industries, such as construction or manufacturing, may choose to purchase policies. In some cases, employers may request this coverage when hiring a contractor. While costs will vary based on industry and location, most freelancers can expect to pay around $25 to $50 per month.

• How do I file a workers comp claim?

  A workers' comp claim is best filed as soon as an injury occurs. In some states, there are time limits, such as one month following an incident.

  After an injury, an employee must notify their employer. The employer must then provide access to the necessary forms and offer guidance. Employees must fill out all forms and return them to the employer who then files them with the insurer. Some states have additional requirements, including assessment by a medical provider. Once the paperwork has been filed, the insurance provider issues a ruling. If the ruling is unfavorable, the employee may choose to appeal the decision with the support of an attorney.