If you have suffered a spinal cord injury at work, you may have a claim for compensation for your injury — which a skilled spinal cord injury attorney can evaluate.
Lila Mahooti, Champion for the Injured Worker
Spinal cord injury attorney Lila Mahooti will fight for you to receive the financial compensation that you need to cover the devastating losses that this type of injury often brings. Call the Mahooti Law Group at 213-674-7515 for a free consultation today.(213) 674-7515
Common Causes of Spinal Cord Injuries at Work
Workplace spinal cord injuries tend to happen more frequently in certain industries, although they can occur at any worksite, even at an office job.
- Slip, Trip, and Fall
- Falls from High Places
- Auto Accidents
- Heavy Equipment and Tool Accidents
How the Cause of Injury Can Impact Your Case
In most workplace accident cases, employees who suffer spinal cord injuries have only one source of compensation: workers’ compensation.
While workers’ compensation does not require the worker to prove that someone else was at fault for their injury, it provides compensation for only certain financial losses. It also prevents employees from suing their employer in most cases.
This limited compensation covers only medical treatment, partial wage replacement, and certain other financial losses. A worker may have access to more sources of compensation if the injury was caused by a third party or, in limited cases, by their employer.
For example, suppose that a delivery driver hits a worker from another company while that worker is on the clock. The injured worker can potentially file a third-party personal injury lawsuit against the delivery driver in addition to a workers’ compensation claim.
Alternatively, consider an employee who uses a defective product sold by their employer. If that product was not given to the employee as a part of their employment, the employee could sue the employer for injuries caused by the defective product.
A worker can also sue an employer if that employer assaults or contributes to the assault of the worker.
How Our Spinal Cord Injury Attorney Can Help
Our spinal cord injury attorney advocates for her client’s rights to receive maximum compensation. She provides:
- Legal Representation: Spinal cord injury attorney Lila Mahooti will go head to head with insurance companies and fiercely negotiate a proper compensation figure on your behalf. If the insurance company refuses to pay, Ms. Mahooti will take them to court and represent you at trial.
- Assistance with Insurance Claims and Medical Bills: When it’s time to get your medical bills covered by insurance, confusing issues can pop up and delay the process. Attorney Lila Mahooti will help you with this and any other associated paperwork.
- Access to Medical Experts and Specialists: Experienced spinal cord injury attorney Lila Mahooti works with medical experts and specialists who help her prove her clients’ injury claims and provide high-quality treatment for spinal cord injuries.
- Emotional Support and Counseling: Spinal cord injuries have a tremendous psychological and emotional impact on workers and their families. Counseling and support go a long way in helping them cope and heal. Our experienced workers’ comp and spinal cord injury attorney understands this mental trauma and has connections with professionals who can help.
Our skilled spinal cord injury attorney uses her experience, skill, and training at every stage of the compensation process to ensure that her client’s interests are properly considered. To set up a free consultation, call 213-674-7515 today.
No-Fault Representation for Injured Workers
At Mahooti Law Group, Lila Mahooti specializes in providing compassionate and dedicated legal representation to injured workers throughout California. Lila Mahooti is well-versed in the complexities of workers’ compensation law and understands the challenges faced by individuals who have suffered spinal cord injuries at work.
What Does “No-Fault” Mean?
California’s workers’ compensation system operates on a “no-fault” principle. This means that injured workers are entitled to benefits regardless of who is at fault for the accident or injury. The no-fault approach ensures that injured workers can access necessary medical treatment, wage replacement benefits, and other essential support without the need to establish fault or prove negligence on the part of their employer.
Your Rights as an Injured Worker
As an injured worker, it is crucial to understand your rights within the workers’ compensation system. Our dedicated attorney will guide you through the legal process and ensure that you receive the benefits you deserve.
The Legal Process for Spinal Cord Injury Cases from a Work Injury
The legal process for a spinal injury case begins by filing a claim for compensation. If the injury occurs at work, the claim will most likely be filed with the employer’s workers’ compensation insurance company.
Once an insurance adjuster receives the claim, they will review the facts of the accident and relevant medical records and decide whether the claim is valid.
How an Attorney for Compensation Claims Can Help
If the insurer denies a claim or disputes the extent of your injuries, attorney Lila Mahooti will work diligently to get you approved for the benefits you deserve. The process may involve obtaining second and third medical opinions, attending hearings, or going to trial.
Denial hearings are conducted before a Workers’ Compensation Appeals Board judge will hear both sides and decide. Attorney Mahooti knows how to expertly navigate these hearings and increase the odds that her clients’ denials are turned into approvals.
If the circumstances of your injury allow for the filing of a personal injury claim, Ms. Mahooti will send a demand letter for compensation to the defendant and their insurance company. This will begin a negotiation process, during which both sides will attempt to agree on a fair settlement amount.
Exclusive Benefits Under the Workers’ Compensation System
When you sustain a work-related injury or illness, you may be entitled to various benefits under the California workers’ compensation system. These benefits are designed to provide support and assistance to injured workers and their families during the recovery process. Here are some of the exclusive benefits available through the workers’ compensation system:
Under workers’ compensation, you have the right to receive necessary medical treatment for your work-related injury or illness. This includes doctor’s visits, hospitalization, surgery, medication, rehabilitation services, and other appropriate medical care. The workers’ compensation system covers the costs of these treatments to ensure you receive the care you need to recover and regain your health.
Temporary Disability Benefits
If your work-related injury or illness prevents you from performing your job duties temporarily, you may be eligible for temporary disability benefits. These benefits provide a portion of your lost wages while you are unable to work during your recovery period. Temporary disability benefits aim to help you maintain financial stability while you focus on healing and returning to work.
Permanent Disability Benefits
Permanent disability payments are reserved for workers who suffer long-term or permanent injuries. If you experience a catastrophic injury at work, you will likely be eligible for permanent disability benefits.
If your work-related injury or illness prevents you from returning to your previous job, vocational rehabilitation benefits may be available to you. These benefits assist in retraining, education, and job placement services to help you acquire new skills or find suitable employment within your physical limitations. Vocational rehabilitation aims to support your successful reintegration into the workforce despite any permanent disabilities.
In tragic cases where a work-related injury or illness leads to the death of an employee, the workers’ compensation system provides death benefits to the surviving dependents. These benefits typically cover funeral expenses and provide financial support to eligible dependents, such as spouses and children, to help them cope with the loss of income and other related costs.
What Clients Can Expect During Each Stage of the Process
If you have been injured at work, you should know that each stage of the compensation process consists of rules and regulations that must be complied with to keep your claim valid.
Reporting the Accident
After an accident, you must notify your employer as soon as possible. If you don’t do this within 30 days, you will potentially lose your ability to file a claim.
Filing a Claim
Once your manager becomes aware of your accident, they must give you a copy of a claim form. As an injured worker, you have one year to fill out and file a workers’ compensation claim to avoid losing the right to your benefits.
When you have completed the form, deliver it to your employer. Your employer will then fill out their portion of the claim and send it to their insurance company.
After receiving the completed form, the insurance company handling your claim has 14 days to communicate with you regarding the status of your claim.
Within 90 days of delivering your claim form to your employer, you should hear back from your employer or claims administrator as to whether your claim has been accepted or denied. If accepted, you will receive monthly benefits payments or a lump-sum payment.
If you receive notice of a denied claim, the person administering your claim does not believe that workers’ compensation coverage is appropriate. If you still believe your injury should be covered by workers’ comp, you have the right to challenge the administrator’s decision — and you should do so as soon as possible.
Return to Work
Depending on your situation, you may return to work while still disabled or after you have recovered. If you return while disabled, you may still receive benefits under certain circumstances.
What Compensation for Spinal Cord Injuries Can Look Like
The amount of compensation you receive for a spinal cord injury depends on the type of claim you ultimately file. Workers’ compensation claims provide compensation for a limited range of financial losses, such as:
- Medical care expenses
- Two-thirds of your former income
- Travel costs for medical care
- Medical equipment
Families of spinal cord injury victims may also be entitled to death benefits if the injury eventually results in a fatality. Death benefits include burial expenses and cash benefits paid out to a worker’s dependents.
Many injured workers receive temporary or permanent disability payments, depending on the nature and extent of their injuries. Temporary disability payments will cease once the worker is able to return to work. If the worker cannot return to work, they may be entitled to permanent disability payments.
Additionally, some workers may also receive a supplemental job displacement benefit (SJDB). SJDBs are vouchers that can be used to pay for training and education for entry into a new field of work.
In order to qualify for an SJDB, a worker must:
- Suffer from an injury that occurred on or after January 1, 2004
- Suffer from a permanent partial disability because of the injury
- Not have been offered other types of employment by their employer
The amount of SJDB vouchers for injuries varies and can be as high as $10,000 for those with disability percentages of between 50% and 99%. Workers injured after Dec. 31, 2012, receive $6,000 vouchers. Additionally, these workers may also receive a return-to-work supplement of $5,000.
You might participate in vocational rehabilitation, which aims to help injured workers prepare for success in a new career when they can no longer work in their previous roles. A vocational rehabilitation counselor will guide you as you readjust to the workforce, helping you access skills training and create a plan for new employment.
If you file a claim against a third party or your employer, you have access to more forms of compensation, including:
- The full amount of your lost wages
- Property damage, if applicable
- Pain and suffering
- Emotional distress
- Loss of society and companionship
With an experienced spinal cord injury attorney representing you, you can expect that every form of compensation you are entitled to will be present in your claim.
How Compensation Is Calculated in Spinal Cord Injury Cases
Our team will pursue compensation for your current and future economic and non-economic losses. We determine current economic losses by reviewing your bills, account balances, and time lost at work.
For future economic losses, we will estimate your future healthcare needs with the help of medical professionals and gauge your future earning power by consulting with financial experts.
We calculate non-economic damages by using a per-diem method or a multiplier method. With the latter, a number is assigned to your injury based on how serious it is and then multiplied by the total of your financial damages.
Why Choose Mahooti Law for Spinal Cord Injury Cases
When you need maximum compensation for an injury, it is important to know that experience matters. Mahooti Law Group has the expertise it takes to pursue the compensation that spinal cord injury victims need to address their catastrophic injuries and losses.
An Experienced Injury on the Job Attorney
Our founding attorney, Lila Mahooti, has been involved in the insurance compensation process since 2003, working first in insurance defense and then for injury victims, which is her true calling.
We know just how devastating a spinal cord injury can be. That’s why our team at Mahooti Law Group fights hard during every stage of the claims process to pursue full compensation for our clients, even if it means going to trial.
Although we are always ready for a trial, our team works hard to get spinal cord injury cases settled in a timely manner during the negotiations phase — but we never entertain offers below what our clients deserve.
Trust the Best Workers’ Compensation Attorney
While no amount of compensation can erase the ravages of a spinal cord accident and injury, maximum compensation goes a long way toward addressing the losses that come with this level of injury.
Maximum compensation also gives victims and their families peace of mind that some, if not all, of their financial needs will be covered well into the future.
Lila Mahooti is Proven to Help You
A skilled spinal cord injury attorney can review your case at no charge and help you understand what lies ahead in your pursuit for compensation, including an estimated value of your claim.
If you have experienced an accident while on the job and suffered a spinal cord injury as a result, the Mahooti Law Group will fight for you to access the compensation you need, helping you through this challenging time and providing stability for the future.
Call our dedicated team at 213-674-7515 today to get started on the path toward the recompense you deserve for your injuries.