California law protects workers who have been injured on the job. The Riverside workers’ compensation attorneys at Heiting & Irwin, APLC have decades of experience in Workers’ Compensation law.
You may think that you may not qualify for workers’ compensation benefits. The best way to find out is to call us. It’s free and will cost you nothing.
Call us at 951-682-6400 to see how we can use our more than a century of legal experience combined to help. We offer free consultations, where your case is discussed with a compassionate workers’ compensation attorney or assistant who will listen to you and clarify your rights.
California Law Does Not Single Out Undocumented Immigrants
California law does not limit workers’ compensation benefits to only documented workers who are either citizens or permanent residents. There is no limiting language whatsoever in the law. In fact, California law makes it very clear that employees include “persons who are not citizens or nationals of the United States and minors.” So long as the person is an employee (and not an independent contractor), they can get workers’ compensation when they suffer a job-related injury.
Entitlement To Benefits
Benefits can include:
- Two-thirds of your average weekly wage, up to a limit set by law
- The reasonable medical costs to evaluate and treat the injury (future for life is possible)
Insurance Companies May Try to Take Advantage
Insurance companies may try to push around workers, daring them to fight back in court. They may think that they automatically have the upper hand because of their power and the worker’s fear of coming forward. That is one reason to call a Workers’ Compensation Certified Specialist.
In addition, an insurance company may unreasonably deny treatment needed for injuries. The insurance company does not have the final say about what care you may receive. Workers Compensation laws provide for an appeal when crucial care is being denied.
Workers’ Compensation Certified Specialists Help with the Workers’ Compensation Legal Process
Workers’ compensation law can be complex and difficult to understand. In addition, tight deadlines and timelines exist that will not be waived, regardless of one’s level of familiarity with the English language. A workers’ compensation settlement of substantial amount may be available if you have been permanently disabled.
Your workers’ compensation certified specialist is a guide to the legal process at every step of the way. Otherwise, you could find yourself cut off from the workers’ compensation benefits that you deserve and need. A workers’ compensation attorney can handle all the details of the legal process, standing up for all legal rights when necessary. The insurance company will take the claim more seriously if they see that you have a workers’ compensation lawyer, and especially a state certified specialist who practices only workers’ compensation law.
What Action if Your Employer Does Not Have Insurance?
Employers sometimes do not purchase workers’ compensation insurance. It is extremely unadvisable for employers to go down this route. These employers are still responsible for the injuries, the benefits, and for their failure to purchase insurance. For the worker, the fact that there is no workers’ compensation insurance means two things:
- A claim can be filed with the Uninsured Employers Benefits Trust Fund, which can still pay for lost wages and medical care
- The injured has the additional option of suing the employer in a personal injury lawsuit, potentially leading to more compensation including full lost wages, medical care, and non-economic damages such as pain and suffering.
Your workers’ compensation attorney can help with all phases of the claims process, whether it is filing the initial claim or prosecuting an appeal if a claim is denied.
Contact a Riverside Workers’ Compensation Attorney Today
Schedule a free consultation with a Riverside workers’ compensation lawyer at Heiting & Irwin, APLC. We will walk you through the law and what you may be entitled to if you have been injured on the job. You can call us today at 951-682-6400 to get the legal help yo
