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Am I Suing My Employer? Understanding Workers’ Compensation with Kinsler Law

by | Jun 17, 2024 | Firm News

Many of our new Workers’ Compensation clients ask us if they are “suing” their employer by hiring an attorney in a Workers’ Compensation case. The simple answer is: No, there are no “lawsuits” in Workers’ Compensation.

Here’s How Workers’ Compensation Works

When an employer hires an employee, they pay premiums to an insurance company to cover potential work-related injuries. In some cases, an employer may be self-insured, setting aside a sum of money to cover such claims. This process is similar to paying for auto insurance. When a worker is injured and reports the injury, a Workers’ Compensation claim is filed with the insurance company or administrator.

Workers’ Compensation is a No-Fault System

People often wonder if filing a Workers’ Compensation claim equates to suing their employer. It is vital to understand that Workers’ Compensation is a no-fault system, which means benefits are paid for work-related injuries regardless of fault. There is no lawsuit or civil action against your employer. Any dispute about benefits is resolved by an administrative law judge at a Workers’ Compensation Appeals Board (WCAB) in California.

Why You Need a Workers’ Compensation Attorney

Injured workers are entitled to have an attorney assist them with their claim, guiding them through the system and advocating on their behalf. It is unlawful for an employer to discriminate against workers for claiming an injury or hiring an attorney. Given the complexity of current Workers’ Compensation laws, having a skilled attorney is more important now than ever to ensure that proper benefits are received.

Constantly Evolving Laws

Workers’ Compensation law is continually evolving, particularly in response to recent reforms intended to limit medical treatment and reduce benefits. These changes have made navigating the system more complex, underscoring the importance of having an experienced attorney by your side. For instance, understanding which doctor you can treat with requires navigating complex rules that can limit your choice. Additionally, recent court decisions have influenced how permanent disability benefits are determined, potentially increasing the benefits you receive after a workplace injury.

No Up-Front Fees

At Kinsler Law, we believe in providing accessible legal assistance. That’s why we offer a 100% free consultation to discuss your case. Attorney’s fees are governed by law and are typically about 15 percent of the permanent disability benefits received. Importantly, no up-front money is required, and if no benefits are recovered, there is no fee. This ensures that you can seek legal help without financial stress.

Contact Us Today

If you have questions about a work injury or any other legal matter, and would like to speak with an attorney, call Kinsler Law today for a free consultation. We are dedicated to fighting for your rights and securing the benefits you deserve.

You are not alone. We listen. We fight. We win. Contact Kinsler Law for your free consultation today.