Orange County Workers’ Compensation Lawyers

Many employees are forced to perform the same motions repeatedly, whether they involve typing all day or constantly lifting and pulling heavy objects. When these many small actions and impacts add up, they can cause a cumulative injury.

Environmental factors can have permanent health effects, too. For example, loud workplaces can gradually cause hearing loss, especially when ear protection is not provided to workers. Mounting stress and trauma experienced by those in first responder jobs can cause mental health difficulties like anxiety, depression, and post-traumatic stress disorder (PTSD). Exposure to toxic elements can cause diseases, cancers, or other serious chronic illnesses.

All these types of injuries are eligible for workers’ compensation, but they may be harder to prove. Insurers will try to argue that your injuries or illness were caused by other factors, not the workplace. With Alvandi Law Group on the case, we can put together medical evidence and strong arguments to support your claim.

Why are claims commonly denied? Workers’ compensation insurers will tell you that they have to be on the lookout for fraud. However, it is also important to acknowledge that the more often an insurer pays out claims for workplace injuries, the less profit it makes at the end of the fiscal quarter. Sometimes this can lead to wrongful denial of claims, and sometimes a wrongful denial happens unintentionally.

Common arguments insurers make against workers include:

• There is insufficient evidence of injury.
• The injury was not caused by your job.
• You do not need medical treatment or disability payments.
• Your workers’ compensation coverage excludes that type of injury.

Insurance adjusters often split hairs when it comes to evaluating claims if they think they can avoid paying for the worker’s treatment and wages. Don’t let them ignore you after a work injury puts you out of commission. Our Southern California workers’ comp team can help you put together a strong appeal to continue pursuing the benefits you need and deserve.

To qualify for workers’ compensation benefits, you must notify your employer about any work-related accident within 30 days of its occurrence. For occupational diseases or repetitive stress injuries that don’t show symptoms right away, the report must be made within 30 days of realizing that an injury or illness was likely caused by work, such as through a doctor’s diagnosis.

Though your employer has to report workplace injuries to Cal/OSHA within a week, starting a workers’ comp claim is its own process—one which, due to related costs, your employer has no incentive to start. Your report is the first step of filing a workers’ comp claim. Make sure you do so in the first month after your injury, or you may have to bear the costs of an accident alone.

It is illegal for your employer to retaliate against you for filing a workers’ comp claim due to an on-the-job accident.

Unlawful forms of employer retaliation can include:

• Loss of job responsibilities
• Re-assignment to worse shifts
• Position change or demotion
• Unjustified disciplinary actions
• Discrimination or harassment
• Termination

If you faced any of these actions after filing for workers’ comp or getting injured at work, then you may be able to take your employer to court for retaliation while still pursuing your workers’ compensation benefits in a separate claim. A retaliation lawsuit is an employment lawsuit with its own rules and regulations, so be sure you work with an attorney who understands these unique case types, too. Alvandi Law Group has a legal team that is well-versed in all angles of workers’ compensation cases, including those that get complicated by unfair employer retaliation after a workplace injury and insurance claim.

When you have suffered a workplace injury, it is important to consider hiring a workers' compensation attorney as soon as you can. A workers' comp lawyer from Alvandi Law Group can help ensure that your rights are protected. We can also calculate the full amount of benefits and compensation that you may be entitled to under California law, and work diligently to stop that amount from being unfairly reduced. The sooner you hire a workers’ compensation lawyer, the sooner your lawyer can get to work applying their knowledge to your case.

A Southern California workers' compensation lawyer from our firm can:

• Help you file paperwork before deadlines.
• Ensure that all forms are properly filled out.
• Assist in gathering medical records, bills, and other documents needed for the claim.
• Present an appeal if a claim is denied by the insurance company.
• Negotiate with the insurance company for a fair settlement or award amount.
• Represent you in court hearings if necessary.
• Provide legal advice on filing a lawsuit against employers who have violated state laws and regulations.
• Prepare written arguments to support your position regarding claims made against you by your employer or their attorney.
• Educate you about your rights under California law related to workplace injuries.
• Build strong cases using evidence obtained from witnesses, photographs, videos, and more.
• Follow-up if an insurance company is failing to respond to your injury report.