Wilmington, CA Workers Compensation Lawyer

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Wilmington, CA Workers Comp Attorney

California law requires almost every employer in the state to have workers’ compensation insurance, which comes into play to provide financial relief when a worker sustains an injury on the job. If you or a family member was recently hurt while working, a Wilmington, CA, workers’ compensation lawyer is the ideal asset to have on your side as you embark on your workers’ compensation claim filing process.

Helping Injured Workers With Their Benefits in Wilmington, CA

The Law Offices of Anthony Choe provides unique legal counsel for workers’ compensation claims. As a former defense attorney who represented workers’ compensation insurance carriers and employers against claims from injured workers, Anthony Choe can provide a level of legal representation in your workers’ compensation claim that few other attorneys in the state can match.

Our firm offers legal representation to clients in both English and Spanish, enabling us to serve a broader range of clients in the Wilmington area. We take the time necessary to listen to each new client’s story, help them determine their optimal path to recovery, and ultimately guide them toward the recovery they deserve after suffering serious injuries at work. When you choose our firm as your legal counsel, you have trustworthy representation for all stages of your case.

Filing Your Workers’ Compensation Claim in Wilmington, CA

Workers’ compensation insurance aims to protect covered employers from civil liability for their injured workers’ damages while providing financial relief to those workers. As long as your employer has proper coverage, you can file a claim if any injury at work is harmful enough to prevent you from working for an extended time while you recover. You should report the injury immediately so you can start the filing process as quickly as possible.

There is technically a one-year statute of limitations for workers’ compensation claims in the state, meaning an injured worker has one year from the date their injury occurred in which to file their claim through their employer’s insurance carrier. However, they have only 30 days to report the injury; otherwise, they cannot file the claim. It always behooves an injured worker to report their injury immediately and file their workers’ compensation claim as quickly as possible.

If you are unsure whether your injury qualifies for workers’ compensation benefits, you must assess two important factors. First, your injury must have occurred while you were performing job duties. Even if you caused the injury yourself, you are still covered by workers’ compensation insurance if the injury happened during your work. Second, the injury must be severe enough to prevent you from working at full capacity for an extended time.

Your Wilmington, CA, workers’ compensation lawyer can answer your most pressing legal questions about the workers’ compensation claim filing process and assist you with filing your claim. As part of the initial filing, you must complete a medical evaluation from a workers’ compensation physician who will assign you a disability rating between 1 and 100, indicating the severity of your injury and your remaining functional capacity.

Benefits Available Through Workers’ Compensation Insurance

Once you have completed the necessary paperwork and received your disability rating from a workers’ compensation physician, you can submit your claim to your employer’s insurance carrier. The insurance carrier will review the claim details and verify that it is legitimate. They may contact you and your employer to answer questions and provide additional information during their review process.

If your claim is rejected, your Wilmington, CA, workers’ compensation lawyer can help determine the optimal resolution to the problem, such as filing an appeal or amending your claim. If it is approved, the insurance company will send a determination of benefits outlining the compensation you will receive. Generally, a successful workers’ compensation claim yields two forms of compensation:

  • You can expect full coverage of all medical expenses related to your injury. Your employer’s insurance carrier will pay for immediate medical treatment costs and any ongoing rehabilitative care you may need to regain full functional capacity.
  • You will receive disability benefits each week until you can return to work or for up to 104 weeks. If you have been permanently disabled, you may qualify for permanent benefits. Disability benefits are generally paid in total or partial designations based on the severity of an injury and the functional capacity the claimant retains. If you disagree with the doctor’s assessment of your condition, you have the right to seek a second opinion.

Workplace injuries can happen in many ways. Falls, injuries from dropped or falling objects, mechanical failures, vehicle accidents, electrocutions, and exposure to toxic chemicals are just a few examples of commonly cited work-related injuries in Wilmington. It is also possible to have grounds for a workers’ compensation claim if you have a condition acquired over time, such as a medical ailment or a repetitive stress injury.

How Our Attorney Can Help

While it is technically possible for you to file your workers’ compensation claim on your own, it is well worth investing in legal counsel you trust. An experienced Wilmington, CA, workers’ compensation lawyer can make handling your claim much easier, and you will be more likely to succeed and secure maximum benefits with their assistance. At the Law Offices of Anthony Choe, our goal is to help every client recover as much as possible from their workplace injuries.

Depending on how your injury occurred, you may also have grounds for additional legal recourse outside of the workers’ compensation system. For example, if a third party outside of your work caused the injury, you would have grounds for a third-party personal injury suit that could enable you to recover compensation for damages that your employer’s insurance will not provide, such as pain and suffering compensation.

It’s vital to reach out to trustworthy legal counsel as quickly as possible after any injury at work. The Law Offices of Anthony Choe can provide comprehensive and compassionate support in this challenging situation, so contact us today and schedule a free initial case evaluation with a Wilmington, CA, workers’ compensation lawyer and find out how we can help.


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