Best Workers Compensation Lawyers in Santa Barbara, CA

FAQs

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

  For non-emergency concerns, call the Santa Barbara Police Department at 805-882-8900.

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

  You can get a copy of a police report by submitting a completed Request for Report form to the Santa Barbara Police Department located at 215 E. Figueroa St. Santa Barbara, CA 93101. You can also fax the completed form to 805-897-2434, email it to RTC@sbpd.com, or mail it to the address below. For further assistance, call 805-897-2355.

  Santa Barbara Police Department Attn: Records Bureau / Report Request 215 E. Figueroa Street Santa Barbara, CA 93101

  Request for Report Form: https://santabarbaraca.gov/sites/default/files/documents/Police/Police/Request%20for%20Report%202020.pdf

• What benefits can you receive under workers’ compensation in Santa Barbara, CA?

  These are the workers' compensation benefits you may receive in Santa Barbara:

  Medical - Covers all required medical treatments and hospital expenses Temporary disability – Covers two-thirds of your weekly wage while you’re off work to recover from the injury Permanent disability – If your injury resulted in permanent impairment, this pays you an amount to address your loss of earning capacity Supplemental job displacement – Covers retraining and skill enhancement costs Death – Compensates surviving dependents for the economic losses resulting from the employee’s death

• How long does it take for your workers’ compensation claim in Santa Barbara to be accepted or denied?

  You should get a response from your Santa Barbara employer or their insurance company within 90 days from the date your DWC 1 Form was filed. If you do not get a response after 90 days, you can presume that your claim has been accepted. If your claim is denied, the reason for denial should be on a medical, legal, or factual basis. Otherwise, it is a bad-faith denial, and the insurer can be punished.

• Can you choose your own doctor to treat your injury if you’re receiving workers’ compensation benefits in Santa Barbara, CA?

  Generally, yes, you can have a physician of your own choice to provide treatment. However, if your employer has a medical provider network (MPN) or a health care organization (HCO), they will choose a physician from these groups to treat you for the initial 30 days. You can change to your preferred physician in Santa Barbara after the 30-day period.

• Your employer is asking to deduct a portion of the workers’ compensation insurance premium from your salary, is this legal in Santa Barbara, CA?

  Definitely not. It is a violation of the Californian Labor Code Section 3751. It is unlawful for your employer to collect payment or deduct from your earnings any amount to pay for workers’ compensation. This is considered a misdemeanor in Santa Barbara. Seek counsel from a workers’ compensation attorney if this is your situation.

• When do you qualify for Temporary Total Disability (TTD) Benefits in Santa Barbara, CA?

  TTD benefits are provided to injured employees in Santa Barbara who were hospitalized overnight or advised by the doctor to not do any work while recovering or not work for at least three days after the injury. You can also be entitled to TTD benefits if your employer cannot provide an alternative work arrangement that lets you earn your normal wage while recovering.

• 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.