The Law Office of Alice A. Strombom helps Roseville workers through the workers’ compensation claim process. Nobody wants to get hurt in any situation, let alone at work. But unfortunately, this happens. When it does, you have certain options that my firm can help you with. Contact us today for a free consultation.

Should You Get a Lawyer?

Anytime you get hurt, you need to think about what you can do to get better. A lot of the time, this means filing an insurance claim or taking legal action. But, when this happens at work, it’s an even more complicated situation. On top of all the other problems that come with injuries, you also have to deal with missing work.

While you have access to workers’ compensation benefits, you should think about getting an experienced lawyer in this situation. My firm can help you through this process by:

• Explaining how the process works and what your options are
• Investigate the accident and what happened
• Gathering evidence and records
• Negotiating with the workers’ compensation insurance company for fair benefits

Facing an injury at work makes your life harder. That’s why there’s workers’ compensation benefits, but you have to go through the process to get them. That’s where our team can step in and support you.

What Options Do You Have After You’re Hurt at Work?

The main thing that you need to worry about after you get hurt at work in Roseville is your health and safety. As a worker, you have legal protections from unsafe conditions and other things that can cause you to get hurt. In that situation, you have a few options:

• Filing a workers’ compensation claim – This is usually the first option you have. You submit your claim, and your employer’s workers’ comp insurance either gives you a settlement or provides benefits over time. Since most employers in Roseville are required to have workers’ compensation insurance, this should be available to you.

 You have one year to file your claim, but you can potential recover benefits like: 

• Medical expenses
• Lost wages
• Temporary or permanent disability benefits
• Job retraining costs
• Death benefits (if the accident is fatal)

Outside of a workers’ comp claim, you have the same legal options as you would in any other accident that’s caused by negligence. This means you can either file an insurance claim or a civil lawsuit to recover damages. While our firm doesn’t handle personal injury claims, you can still use the evidence and information you gather in your workers’ comp claim in a civil lawsuit or insurance claim to recover damages like medical expenses, pain and suffering, emotional distress, and other things related to your losses.

How Can You Protect Your Workers’ Compensation Claim?

A workers’ compensation claim is pretty different from a regular injury claim–even though they come out of the same accident situation. In a workers’ comp claim, you don’t have to prove fault or liability on the part of someone else. Even still, because it’s effectively an insurance claim, you’re going to need to do a few things to protect and strengthen your claim so you can get the benefits you’re owed. Usually, this means doing the following: 

• Report your injury right away – As soon as you get hurt at work, report it to your employer. The sooner you tell them, the better, because workers’ compensation claims are time-sensitive. Ask for a copy of the report so you’ll be able to look it over for accuracy.

• Get medical care – Even if your injury doesn’t seem serious, see a doctor as soon as possible. This helps show that your injury is linked to the accident at work. Keep track of all medical visits and treatments.

• Follow your treatment plan – Be sure to follow your doctor’s advice and treatment plan. If you don’t, the insurance company might argue that you didn’t take your injury seriously, which could hurt your claim.

• Keep detailed records – Save all documents related to your injury, including medical bills, doctor’s notes, pay stubs, and records of any time missed from work. The more documentation you have, the better your potential benefits will be.

• Heal up – If your doctor advises you to take time off, follow their recommendation. Returning to work too early could make your injury worse and hurt your claim.

• Watch what you say – Insurance companies may try to get you to settle for less than what you deserve. It’s best to talk to our lawyers before agreeing to any offers. 

• Be honest – Always be truthful about how the injury happened and your symptoms. If there’s any inconsistency in your story, it could be used against you.

By following these steps, you can better protect your workers’ compensation claim and increase your chances of getting the full benefits you need to get better. However, it’s also important to understand how the claims process actually works. 

How Does the Workers’ Compensation Claims Process Work?

One of the good things about the workers’ compensation claims process is that it generally follows the same outline regardless of the incident. This means that even before you file one, it’s pretty easy to know what to expect. So, when you do file your claim, here’s how the process will probably play out:

• Investigation – The insurance company will look into your claim by reviewing your medical records and talking to you and any witnesses about what happened.

• Medical evaluation – In most claims, the insurance company will send you to a doctor of their choosing to assess your injury and suggest the best treatment options. This is an impartial doctor that’s certified by the state, and is known as a Qualified Medical Evaluator (QME).

• Disability decision – The insurance company will decide whether your claim is valid and what benefits you qualify for. If you’re happy with the decision, the process ends here. However, if there’s a disagreement, you’ll move on to the next step.
  
  
• Mediation – If you think you’re not getting the benefits you’re owed, you might need to go through mediation or a formal hearing with the review board. Our team can represent you in this hearing.

• Return to work – If you’re able, your employer may offer you a role that works within your medical restrictions. If you can’t go back to your old job, you may get help finding new work through retraining. 

Every case is different. Some workers recover quickly, while you might need more time to get better for the same injury. The key is to keep your options open, and make sure you meet the deadline for filing your claim, which is one year from the date of the accident.

Why Would You Need to File a Workers’ Compensation Claim?

Many people think that workers’ comp is only for certain workers in Roseville. While it’s true that certain jobs are more dangerous and carry a higher likelihood of injury, the reality is that any worker in Roseville could need to file a workers’ comp claim. Generally, it doesn’t matter what kind of injury or even illness you come down with, you have the right to file for workers’ comp if it comes about because of a work-related incident or environment.

Most of the time though, filing a workers’ comp claim is going to come out of the following:

• Bone fractures or breaks
• Severe sprains or strains
• Back injuries, including herniated discs
• Neck injuries
• Traumatic brain injuries (TBIs) or other head injuries
• Repetitive strain injuries (RSIs)
• Burns (chemical, electrical, or thermal)
• Lacerations or deep cuts
• Amputations or loss of limbs
• Joint injuries, including dislocations
• Hearing loss due to workplace noise
• Vision loss or eye injuries
• Chemical exposure injuries
• Respiratory issues from inhaling hazardous substances
• Skin conditions from exposure to irritants
• Crush injuries
• Paralysis or spinal cord injuries
• Tendon or ligament damage
• Work-related heart attacks or strokes
• Occupational illnesses (e.g., asbestosis, silicosis)
• Work-induced mental health issues, such as stress-related disorders
• Frostbite or hypothermia for outdoor workers
• Heatstroke or heat exhaustion

Basically, as long as your injury happens because of a work-related incident, you can file a workers’ comp claim. Further, though, if you get sick because of prolonged exposure to harmful substances or something similar, you can still file a claim. It’s all about having the right documentation and being subjected to dangerous conditions or situations.

Frequently Asked Questions

Do you need a lawyer to file for workers’ comp?

No. All you need to do is request the form from your employer and turn it in. That said, having our team on your side can guarantee you’re treated fairly and you get full benefits.

Can I still file for workers’ comp if I’m hurt at home?

Not usually. In order to be eligible for workers’ comp, you have to be injured or become sick on the job or because of job-related activities.

Can I file a lawsuit because of my workplace injury?

Yes. If you’re injured in an accident caused by someone else’s negligence, you can file a lawsuit or insurance claim for damages.

Work With Our Workers’ Compensation Lawyers in Roseville

Your job helps support your family, but injuries can still happen. If you’re hurt at work, our team at the Law Office of Alice A. Strombom is here to help. Our experienced Roseville workers’ compensation lawyers can guide you through the claims process and fight to make sure you get the benefits you’re owed. Contact us today for a free consultation to get started.