Best Work Injury Lawyers in Redlands

About Work Injury Law in Redlands, United States

Work injury law, also known as workers' compensation law, is designed to protect employees who are injured or become ill as a result of their job duties. In Redlands, California, these laws provide a safety net for workers, ensuring that they are eligible for medical care, benefits, and wage replacement if they suffer a work-related injury or illness. State law primarily governs work injury claims, but federal regulations may apply in certain industries. The aim is to facilitate prompt and fair compensation for injured workers while balancing the interests of employers.

Why You May Need a Lawyer

While many work injury claims are resolved smoothly, there are various situations where legal assistance can be crucial:

• Your claim has been denied or delayed by your employer or the insurance company.
• You are not receiving the correct medical treatment or benefit payments.
• The extent or type of your injury is being disputed by the employer or insurer.
• You are being pressured to return to work before you have fully recovered.
• Your injury may result in permanent disability or long-term medical care.
• You believe the settlement offer does not reflect the true value of your claim.
• Your employer has retaliated against you for filing a work injury claim.
• You have questions about third-party lawsuits or other potential avenues for compensation.

An experienced work injury lawyer can advocate for your rights, help you navigate the claims process, and ensure you receive the benefits you are entitled to under the law.

Local Laws Overview

In Redlands and the rest of California, work injury claims are governed by the California Workers' Compensation Act. Here are some key local law aspects to know:

• All employers in California are legally required to carry workers' compensation insurance, even if they have only one employee.
• Workers' compensation is a no-fault system, meaning employees do not have to prove the employer was at fault to receive benefits.
• Covered injuries include any injury or illness arising out of and in the course of employment, including repetitive stress injuries and some mental health conditions.
• Employees must report injuries as soon as possible, and generally no later than 30 days after the incident.
• Medical care, temporary disability benefits, permanent disability benefits, supplemental job displacement benefits, and death benefits may be available, depending on the case.
• Some injuries or illnesses, particularly those caused by intentional self-harm or occurring outside of work duties, might not be covered.
• Employers and insurance companies must respond to claims promptly and provide benefits unless the claim is denied for a specific reason.

Frequently Asked Questions

What should I do immediately after a work injury?

You should report the injury to your employer as soon as possible, preferably in writing. Seek medical attention right away, even if the injury seems minor.

Am I eligible for workers' compensation if I was at fault for the accident?

Yes, California's system is no-fault. You are generally eligible for benefits regardless of who caused the accident, unless it resulted from intentional self-harm or serious misconduct.

What benefits can I receive under workers' compensation in Redlands?

You may be eligible for medical care, temporary disability benefits, permanent disability benefits, supplemental job displacement benefits, and death benefits if a loved one was killed.

How long do I have to file a workers' compensation claim?

You should report your injury within 30 days to your employer and typically must file a workers' compensation claim form within one year of the injury or discovery of the injury.

Can my employer fire me for filing a work injury claim?

It is illegal for employers to retaliate against employees who file workers' compensation claims. If you are fired or face adverse actions, you should consult a lawyer immediately.

What if my claim is denied?

If your claim is denied, you have the right to file an appeal. An attorney can help you navigate the appeals process and advocate for your rights.

Can I choose my own doctor for treatment?

In some cases, your employer or their insurer has the right to choose your doctor for the first 30 days. After that, you may be able to choose your own treating physician within certain guidelines.

Are all workplace injuries covered by workers' compensation?

Most injuries that occur on the job are covered, but there are exceptions, such as injuries from horseplay or intoxication, or those that occur while not performing work duties.

How is the amount of compensation determined?

Compensation is based on the type and severity of your injury, your average weekly earnings, and whether you are temporarily or permanently disabled.

Can I sue my employer for a work injury?

Generally, you cannot sue your employer for a work-related injury if they have workers' compensation insurance. However, you may pursue claims against third parties if their negligence contributed to your injury.

Additional Resources

Several resources are available to help those dealing with work injuries in Redlands:

• California Department of Industrial Relations - Division of Workers' Compensation
• Bureau of Workers' Compensation Claims Assistance Offices
• San Bernardino County Bar Association for lawyer referrals
• Legal Aid Society of San Bernardino
• California Applicants' Attorneys Association
• Local hospital case managers and occupational health clinics

Next Steps

If you have suffered a work injury in Redlands, take the following steps:

1. Report your injury to your employer as soon as possible and request a claim form.
2. Seek medical attention and document all treatments related to your injury.
3. Keep a record of all communications, paperwork, and receipts related to your claim.
4. Monitor the status of your claim and benefit payments from your employer or their insurance company.
5. If your claim is denied, delayed, or you encounter any difficulties, consider contacting an experienced work injury attorney in Redlands for guidance.
6. Utilize local and state resources for additional advice and support throughout your recovery and claims process.

Remember, acting quickly and understanding your rights is essential after a workplace injury. Legal professionals in Redlands can help ensure you receive the benefits and compensation you deserve, protecting your health and your future.