If you were recently injured at work, you are likely to have questions about what you can do to protect your finances. You may have heard of workers’ compensation, but you are unfamiliar with how the systems works and the steps you’ll need to take in order to obtain these benefits. Or, you may have filed a WC claim, but the insurance company rejected your request for payment, and you don’t understand why.
Workers’ compensation is a state-mandated system that pays for medical expenses and lost wages in the event of an accident or illness. Because this is a no-fault system, you are entitled to workers’ comp, even if there was no negligence or malice by your employer. While the system provides valuable compensation, workers may be cheated out of the benefits they deserve by law.
Those with limited English speaking skills are easily taken advantage of by employers and insurance companies. This is why it’s essential to contact our law firm and talk to a Spanish-speaking workers’ compensation attorney. We provide legal services for all communities in Kern County, including Delano, Ridge-crest, Wasco, Arvin, McFarland, Tehachapi, and California City.
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Challenges for Injured Workers in Bakersfield
Sadly, many employees meet with resistance from their employer or the insurance company after being injured. You would think that getting workers’ comp should be easy, as it’s a system designed to assist injured workers. The truth is, any legal system can be difficult to navigate, and this is why many people seek help from a work accident injury lawyer.
Insurance companies may insist that they are on your side, but their real objective is keeping down costs and paying as little as possible for each work injury claim. It’s not uncommon for claimants to face opposition in the form of rejected claims or insufficient benefits.
How to Qualify for Workers’ Compensation
While insurance companies can hold up the process for a WC claim, you must also do your part and ensure that you meet the following requirements:
- Inform your supervisor / employer about the injury within 30 days of the accident. If you have a cumulative trauma injury, like carpel tunnel, you must report the condition within 30 days of diagnosis.
- Complete the forms given to you by your employer (DWCI, 4906 (g))
- If you anticipate any objections from your employer or the insurance company, file an Application for Adjudication of Claim form.
Please note that there is a strict deadline for how long you have to notify your employer of an injury or health issue related to your job. As we mentioned, you must inform your supervisor (verbally or in writing) no later than 30 days from when you were injured or learned of an injury or illness. If you wait past this point, it will be extremely difficult to get approved for workers’ compensation.
Help from a Worker’s Comp Lawyer that Speaks Spanish
Here at Normandie, we have a team of bilingual attorneys with decades of experience in work injury and accident cases. We are more than ready to hear your story and provide you with legal advice in a language you can understand. By retaining our services, you can be sure that all your paperwork is filed in a timely manner. We also promise to fight vigorously against claim denials and unjust objections from your employer or their insurance company. Here are just some of the ways we can help you as an injured worker in Bakersfield or any other city in Kern County:
- A thorough investigation to collect evidence that supports your claim
- An experienced legal team that can track down witnesses and obtain testimony from medical and financial experts
- Come up with an accurate case value and make sure that you receive the full range of benefits from a workers’ compensation claim.
- Fight for permanent disability and other related benefits if your ability to work is seriously impaired.
- Be available to you 24/7 for updates, questions, and concerns
- Handle all communications with your employer and insurance adjusters and work to get you the highest possible settlement.
Workers’ Comp Cases We Handle
The workplace injury lawyers of Normandie Law Firm represent claimants from all different backgrounds and walks of life. We know that each WC case is unique, and there are many different types of injury claims that we can assist you with. These include, but are not limited to:
- Slip and falls, falling objects, car crashes, and other accidents that result in fractures, brain injury, dislocations, nerve damage, ruptured organs, and more.
- Illnesses due to prolonged exposure to toxic chemicals like asbestos, pesticides, arsenic, lead, mercury, and formaldehyde.
- Cumulative / repetitive stress injuries like tendinitis, bursitis, carpal tunnel, plantar fasciitis, sprains, and strains
- Death resulting from an accident at work or prolonged exposure
Process to File a Claim for Workers’ Comp
We talked about the need to tell your employer about a job-related injury within 30 days. Once they are notified, your HR department, benefits administrator, etc., should give you the DWCI (Workers’ Compensation Claim Form within one business day. Alternatively, you can download a copy of the form off the California Workers’ Compensation Division website. Please complete and return the form to your employer as soon as possible, since you want to avoid any delays that can hole up your payments.
With workers who primarily speak Spanish or another language, it’s possible that they were misled about their rights, or the employer did not inform them of their right to seek workers’ comp. If you missed the deadline for a claim because of circumstances that were beyond your control, contact our office immediately. Perhaps we can help you obtain an extension and succeed in getting the medical care and lost wages you rightfully deserve.
Zero Fee Guarantee
Are you interested in learning more about your rights after being injured on the job? Don’t hesitate to give us a call 24 hours a day, 7 days a week. Along with skilled and effective representation, we are happy to offer the Zero Fee Guarantee. To put it simply, you pay $0 for legal fees. We negotiate your settlement or obtain a jury verdict in your favor. The recovered payment includes our expenses, meaning we only get paid if you are compensated from a successful claim or lawsuit.
It’s really that easy, so contact Normandie Law Firm today and schedule a free initial case review.
