When you get a work injury, it can be a scary and uncertain time. You want to go back to your job as soon as you can and get the compensation you need to recoup your costs. California workers’ comp laws are designed to protect employees when they are injured on the job. But that doesn’t mean these laws are easy to understand or navigate. If you have been hurt on the job in California, contact an experienced California workers’ compensation lawyer immediately for assistance with your claim. These professionals can assist you in comprehending your obligations and fighting for what you are entitled to. Work comp attorney in Fresno CA is here to help you with your claim. California workers’ compensation lawyers and how they can assist you in this difficult time are provided here.
1. What Are My Rights Under California Workers’ Compensation Laws?
California workers’ compensation laws were enacted to protect employees from the dangers of work. These laws are designed to compensate injured employees for lost wages, medical expenses, and other financial losses they may incur as a result of their injuries. If you have been hurt on the job in California, you may be entitled to receive workers’ compensation benefits. Fresno worker’s compensation lawyer is here to help you with your claim. Contact us today. California’s workers’ compensation system is designed to provide injured employees with financial benefits. If you have been hurt on the job in California, it is important to understand your rights and responsibilities, as well as what benefits you may be entitled to receive.
2. What Mistakes Could Compromise My Workers’ Compensation Claim?
You may have a claim for workers’ compensation if you injure yourself on the job. Injuries can happen in any number of ways and by accident or by someone’s negligence. But there are a few common mistakes that can lead to your workers’ compensation claim being denied or delayed in being processed. Work comp attorney in Fresno CA can help you avoid these common mistakes and get the compensation you need.
3. Can You Sue Your Employer While on Workers’ Compensation?
Even though you are on workers’ compensation, you file a lawsuit against your employer and recover monetary damages. The fact that you are on workers’ compensation does not prevent you from filing a lawsuit against your employer. If the amount of money in workers’ compensation is insufficient to cover your bills and other losses, then the court will award you monetary damages. With the help of a Fresno worker’s compensation lawyer, you can sue your employer and recoup the damages that you have suffered as a result of your injury.
4. Who Qualifies for Workers’ Compensation in Fresno California?
You may qualify for workers’ compensation benefits if you have been hurt on the job in California and are unable to work due to a work injury. You may still be eligible if you are unable to return to the same kind of work that you were doing before your injury. To determine whether or not you qualify for workers’ compensation, your employer should have a medical examination performed by a physician who is certified by the State of California Workers’ Compensation Board (WCAB). If they do not, they can be held liable for any amount of money that is owed to your injured employee. Fresno worker’s compensation lawyer can be able to guide you in understanding the details of your claim and help you get the compensation you deserve.
5. How Are Fresno Worker’s Compensation Lawyers Paid?
Workers’ compensation lawyers in Fresno, California are paid on a contingency fee basis. This means that the lawyer gets a percentage of the money the client receives for their injury. For example, if you receive $1 million for your work injury, the lawyer will only get $100,000. The rest of the money goes to you. This is a much more lucrative alternative to getting paid by the hour. Work comp attorneys in Fresno CA will work hard for you, but they will only get paid a percentage of the money you receive. Although this may seem unfair, it is a very common way of doing business in the workers’ compensation world.
6. Types of Injury in Workers Compensation Claims
In California, two types of injuries may qualify for compensation: The first type of injury is an occupational disease or illness. These are illnesses that are caused by a job or work-related activity. This includes symptoms like severe headaches, nausea and vomiting, back pain, and shortness of breath. These conditions can be caused by substances like asbestos or chemicals in the workplace environment. If you have developed a work-related illness, your employer will be required to provide you with medical treatment for it once you have been diagnosed. The second type of injury is a non occupational injury or disease (NOD). These are injuries that aren’t caused by a job or occupation but are still related to your employment at some point in time. For example, if your employer doesn’t give you safe equipment to use while at work and they cause an accident while using the equipment that causes you to get injured, then this could be considered a NOD because it is not related directly to your job function as a truck driver but rather the negligence of the employer who did not provide safe equipment for use during their duties as a truck driver.
7. Is it Worth Getting a Workers’ Compensation Attorney?
In California, you may find that it is worthwhile to hire a lawyer to assist you with your claim for work-related injuries. Work comp lawyers in Fresno CA are trained to help injured workers understand their rights and fight for what they deserve. These professionals can also help you get back to work as soon as possible, even if it is not the same job that you had before the injury. With work injury lawyers in Fresno CA, you can get back to your life as soon as possible.
8. How Can Fresno Workers Compensation Lawyer Help?
In California, there are a variety of workers’ compensation laws that apply to different circumstances. All workers injured on the job are covered by the California workers’ compensation law. But it also applies to certain industries where there is a high risk of injury due to dangerous work conditions. Fresno workers compensation lawyer may be able to help you get the compensation you deserve if you get a work injury in an industry where the law applies.
9. Can I Sue My Employer for Denying Workers’ Comp?
Yes, can be able to file a workers’ compensation claim against your employer if you have injured on the job and you have been denied your benefits. It is important to understand that to sue your employer, you must have a valid claim. If your claim is denied because it was not filed within the required period, or your employer has a legitimate reason for denying it, then you cannot sue them. This is where a work comp attorney in Fresno CA can help. If your employer has been negligent, you can sue them for damages.
10. Will Workers’ Comp Offer Me a Settlement?
The California workers’ compensation system is designed to protect employees who are injured while working. If you are not able to get back to work after an injury, the California workers’ compensation law will provide financial assistance so you can recuperate from your injuries. These benefits include medical benefits, wage replacement benefits, and more. However, a settlement is not guaranteed and you may never receive any money from these benefits but with a work comp attorney in Fresno CA, it is unlikely to be denied.
11. Get a Free Consultation with a Workers’ Comp Lawyer in Fresno CA
A California worker who has been hurt on the job should contact an attorney as soon as possible to obtain legal advice. An experienced work comp attorney in Fresno CA can help you to understand your rights and what options are available to you. An experienced Fresno workers compensation lawyer will be able to help you with your claim and make sure that you get the compensation that you deserve for your injury. A Fresno workers compensation lawyer will review all of your medical records and other information so that they can accurately assess your injury and determine what types of compensation may be available to you. They can also represent you in court if necessary. Work comp attorney in Fresno CA are ready to assist with a free consultation today.
12. Fresno Workers Comp lawyer
The workers’ compensation system in California is designed to provide medical care and financial support to injured employees. In exchange for medical care and financial support, the employer agrees to pay a percentage of the employee’s lost wages as a part of their claim. The law also requires employers to keep records of injuries and time off work, which are filed with the state when an employee files a claim. The employer must maintain these records and make them available to the workers’ compensation insurance company if necessary. If you get a work injury Fresno workers compensation lawyer can help you understand your claim and fight for the compensation that you deserve.
To obtain immediate assistance following an accident at work in California it is important to contact a Fresno workers’ compensation lawyer as soon as possible. A Fresno workers’ comp lawyer can help you to understand your claim, fight for the compensation that you deserve and ensure that you get the support that you need after an injury. With Fresno workers compensation lawyer can review your medical records and other information to determine the type of compensation that you may be entitled to. A Fresno workers’ comp lawyer will also help you to fight for the compensation that you deserve if necessary.
About Workers; Compensation Claims and Benefits in Fresno, CA
Workers’ compensation is a type of insurance program that California employers are required to have for their employers. Under workers’ compensation law, an employee who is injured on the job or in any type of work accident will be entitled to specific benefits that will help him or her rebuild and recover. Workers compensation benefits may cover medical care, missed work, and possibly more. The specific value of a Fresno workers compensation claim will vary depending on the case, but it is safe to say that the extent of injury sustained will have the most significant impact on the worth of a case.
As an employee, you are not responsible for paying for workers compensation. This is your employer’s responsibility. Most employers utilize insurance companies to cover workers’ compensation benefits, but in some cases a large, secure company may self-insure its employees.
Accidents can occur virtually anywhere, and work is no exception. It doesn’t matter whether you work behind a desk all day or are busy in a manufacturing plant – an accident may occur that leaves you seriously injured and in need of workers’ compensation benefits. Read more about workplace accidents…
As a worker on a construction site, you may be in danger of being seriously injured, even if safety regulations are properly followed. Even highly trained workers may be injured because of a defective tool or another’s carelessness. Read more about construction accidents…
Carpal Tunnel Syndrome
Carpal tunnel syndrome is characterized by weakness, tingling, numbness or muscle damage in the hand and fingers caused by pressure on the median nerve. It may be caused by repetitive motion, particularly typing, but may also be associated with sewing, assembly line work, driving, painting and writing. Read more about carpal tunnel syndrome…
Workers’ Compensation Denial
Was your Fresno workers’ compensation claim denied? Workers’ compensation claims are not always approved. They may be subject to review by your employer or the claims adjuster, who will often work for the insurance company, your employer or a third party responsible for reviewing the claim. The purpose of a review is to help ensure the validity and value of a claim. In the presence of workers’ compensation fraud this review is necessary to weed the false claims from the valid.
At times, an employee with a valid workers’ compensation claim may struggle to recover the benefits to which he or she should be entitled. Wrongful or unlawful conduct on the part of an insurance adjuster or employer may mean that a Fresno workers’ compensation claim is wrongfully denied. This can have lasting negative consequences for the injured worker and his or her family, leading to financial difficulties, stress and even marital problems in some situations.
Fortunately, an attorney can help. That is where the skilled legal team at Pacific Attorney Group comes into the picture.
Denied Workers’ Compensation Claims in Fresno, CA
If your workers’ compensation claim was denied, a Fresno workers’ compensation lawyer at our law firm can meet with you to talk about what occurred and how we can help you file an appeal. Just because your claim was denied, this does not mean that this is the end of the line. You have an opportunity to petition for the reconsideration of your claim, something that may uncover a mistake or issue that resulted in your claim originally being unfairly denied. With our experience and the resources to handle your case, our team can effectively help you in the face of a workers’ compensation denial, helping you take the legal recourse that is your right.
State and Local Government Work Injury Claims
Workers’ Compensation Claims
Workers’ compensation claims for state employees may be slightly different than those for non-government workers, bringing to question different concerns or particular procedures that will need to be followed to properly seek the benefits you deserve. If you work for the state of California or any local government agency and were injured on the job or in any work accident, a Fresno workers’ compensation lawyer at our law offices can meet with you to talk about what we can do to assist you in this matter. Your initial consultation is free, and we represent all types of government employees in workers’ compensation claims and appeals throughout the Fresno area.
As a state employee, you may have been injured in an auto accident that was related to your job. You may have slipped and fallen in the building where you work. You may have been injured in an accident caused by equipment malfunction or may have even been attacked at the workplace. Regardless of what led to your work injury, we can help. The first step is to talk about your state workers’ compensation claim with an attorney who can offer you honest advice that is applicable to your unique situation.
Benefits of Workers’ Compensation
There are significant advantages to the workers’ compensation system that is currently in place in Fresno, California. When utilized properly and when an injured worker’s rights are properly protected, workers’ compensation can actually help both the employer and employee. Workers’ compensation protects an employer from being sued for workplace accidents and injuries while offering employees financial benefits for any work-related injury, regardless of who was at fault. A Fresno workers’ compensation claim may actually help an injured employee begin rebuilding his or her life even in the wake of a serious work accident or injury.
Taking Full Advantage of Workers’ Compensation Benefits
Although it would be nice to believe that an injured worker will receive all the benefits that workers’ compensation has to offer when he or she files a claim, professional legal counsel may be necessary in order to take full advantage of this system. A Fresno workers’ compensation lawyer experienced with these matters can help by assisting a worker by filing his or her claim, handling any disputes or hearings that may arise, filing an appeal in the event of a denied claim and essentially taking lead to reap the full benefits offered to employees injured in work accidents or other work-related incidents in the Fresno area.
An injured employee should be entitled to various benefits for a work injury of any kind. Medical care, disability benefits, death benefits and job displacement benefits should be covered by his or her workers’ compensation claim, but what if a claim is wrongfully denied or a settlement is offered that is simply unfair and will not cover all of these issues?
Workers’ Comp Appeal
Appeals for Workers’ Compensation Claims in Fresno, California
It may happen that a workers’ compensation claim will be denied. Not all workers’ compensation claims are approved, but in the event of a denial you may be able to file an appeal with the Division of Workers’ Compensation Appeals Board for a second chance. Although involving an attorney can help you avoid the need for an appeal in the first place, if your claim was already denied it is important that you seek legal assistance immediately. A Fresno workers’ compensation attorney at our law firm can meet with you to talk about your options in filing an appeal as soon as possible in order to offer you the best opportunity of recovering the full benefits to which you may be entitled under California workers’ compensation law.
How Does a Workers’ Compensation Appeal Work?
To file a workers’ compensation appeal, your lawyer will file a Petition for Reconsideration with the Workers’ Compensation Appeals Board, which is a judicial body comprised of seven members that were appointed by the Governor. If you believe that your claim was mishandled or that your rights were violated in some way in regard to your original Fresno workers’ compensation claim, filing an appeal will open the door to a review of your claim and the possibility that the denial will be overturned.
Types of Work Accidents
Construction sites are common areas where work related accidents occur. Because of the type of work being performed at construction sites, there is often a considerable amount of motion and confusion going on. Injuries can result from falls from ladders, falling from roofs, electrical shocks and injuries caused by equipment or machinery. A Fresno workers’ comp lawyer should be consulted if you are injured in a construction accident, as in addition to your benefits you are entitled to from workers’ compensation, you may be able to pursue a third party claim against whoever might have been negligent in the accident that caused your injury.
Scaffolding Accidents At Work
A scaffolding is a platform on which workers are able to stand and place work related tools so that they can have a safe surface to perform functions that require working above ground level. Scaffolds are used at construction sites, by painters, window washers, roofers and many other trades. Although normally safe, scaffolding can cause accidents when they are improperly assembled, maintained or if the wind knocks them about. Scaffolding that collapses due to improper assembly or because of poor maintenance of the platform, rope or poles that keep it upright can cause serious injuries such as broken bones, head, neck and back injuries and even death. The wind blowing on buildings when scaffolding is being used for painting or window washing can cause a scaffold to swing violently, either tossing the occupants off or causing them to strike against the building or scaffold.
While there are very strict regulations that guide how an industrial workplace will be run, it is unfortunate to note that these safety guidelines are not always adhered to. Should they be ignored or a blind eye turned to safety, these can result in serious and catastrophic industrial accidents. From amputations to plant explosions, when an industrial accident occurs, it can result in life-altering consequences – and can leave an employee suffering from injuries that can range from catastrophic to life-threatening.
Types of Industrial Accidents and Injuries
There are countless types of workplace hazards that can lead to an industrial worker sustaining a serious injury. For example, crane accidents are a common source of injury to workers should OSHA guidelines not be followed. Per the OSHA, in fact, there are almost 90 wrongful deaths that can be attributed to a crane accident every single year; around 32% of these are caused by crane operators being hit by a heavy load where as 27% are caused by electrocution.
Other causes of crane accidents include accidents that occur during the assembly and disassembly of the machine, crane boom collapse, tip over and accidents attributed to the lack of training on behalf of the crane operator. Crane accidents, however, are not the only type of industrial accident that can occur. Other common sources of accidents include, but are not limited to, the following:
- Defective / malfunctioning equipment.
- Forklift accidents.
- Scaffolding accidents.
- Slip and fall injuries.
- Toxic exposure.
- Refinery explosion.
- Work-related truck accidents.
Ladder Accidents and Worker’s Compensation Cases in Fresno
There are number of serious accidents that occur in cases in which ladders collapse or are knocked over on a construction site, roofing job or other work area. The injuries sustained in ladder accidents can be severe or life-threatening, as often the victim will receive serious head, brain or spine injuries. Falls are the primary cause of injury on constructions sites in the country, and can result in dangerous physical damage to the innocent worker. If you or a loved one has been injured in such an incident, contact a Fresno workers’ compensation attorney to assist you in filing your claim for compensation for damages.
Ladder accidents are dangerous, and the injuries sustained can vary widely, but are often serious. When you are unable to work as a result of a ladder accident, the loss of income should be addressed in your claim. If your loved one has suffered a catastrophic injury, such as a spinal injury causing paralysis, a brain injury or other, this is a legal situation that requires the assistance of a skilled workers’ compensation a attorney to assist in seeking full compensation for damages. The future of the injured victim as well as their families are important, and the legal team at the firm is prepared to evaluate the situation and advise what to expect in the claims process, and what damages will be included, based on the actual injuries and other damages suffered in the accident.
Falling Objects and Job-Related Injury Claims
Many jobs have the danger of falling objects that cause serious or life-threatening injuries to the victim. This often occurs on a construction site where a piece of equipment, material or other item falls and hits an innocent worker. Depending upon how far the object fell, its weight and where the worker was at the time, the injuries can vary widely, from minor cuts or bruises, to severe or catastrophic injuries. Brain injuries are a particular danger in accidents from falling objects, as hardhats are no protection when the item falling is of great weight. Even if the hardhat protects the worker from some types of injury, they cannot be avoided when the item in question is heavy or knocks them off ladders, scaffolds or creates a severe impact. Such cases demand the assistance of a Fresno workers’ compensation attorney to assist in the claims process.
Workplace exposure is a term that may be used to refer to a situation where a worker suffers some form of injury or illness due to exposure to a dangerous condition or situation at work. For example, exposure to a toxic substance, continued exposure to loud noises, repetitive motions or exposure to naturally occurring toxins may all cause a worker to be injured or to become ill, sometimes years after the initial exposure. In these cases it is important to consider involving an attorney to help with your workers’ compensation claim.
Types of Injuries
Have you sustained a back injury at work?
One of the most common injuries in a work related setting are back injuries. These can occur from numerous different types of accidents or due to the nature of the type of working being performed. Some of these include:
- Heavy lifting
- Construction work
- Forklift accidents
- Car accidents
Back injuries can be mild to severe, but almost always require some type of medical treatment or time off of work in order to fully recover. When you are injured at work, it is important to report the injury immediately to your supervisor, preferably in writing. A Fresno workers’ comp attorney can assist you in processing your claim. It can occur with back injuries that employers attempt to place other causes for your injury and often attempt to deny a back injury claim.
Treatment for Back Injuries
Depending on the nature of the injury, some back injuries could be severe and require hospitalization and even surgery. There could be long recuperation that might result in you being unable to return to work for some time. It is important to have a workers’ comp lawyer ensuring you receive the benefits you are entitled to and that you are not forced to return to work sooner than you should. You may even be unable to return to your old job, in which case your employer would be obligated to provide vocational training so as to provide you with another type of employment.
Shoulder injuries caused by work related accidents can have significant effects on your life. If serious enough, they may require surgery and lengthy medical treatment, including possible surgery and rehabilitation. Shoulder injuries can occur in almost any type of work environment, from office work to industrial or construction jobs. Falling from a ladder can lead to a shoulder injury if one grabs onto the side of the ladder to prevent a fall. Car accidents or forklift accidents can result in shoulder injuries with a side impact. An office worker can be struck by a falling object or a slamming door, resulting in the injury to the shoulder. When you have suffered such an injury, contact a Fresno workers’ comp lawyer to discuss your legal options. You are entitled to benefits under workers’ compensation laws that includes medical treatment as well as income benefits.
Shoulder Injuries and Their Consequences
Although many shoulder injuries can be treated easily and a quick return to work can occur, there are many that are much more serious that could lead to permanent disability or an inability to continue to perform the job functions you were previously doing. When this occurs, a knowledgeable workers comp attorney from the Pacific Attorney Group can provide you with the legal representation you will need to ensure you obtain the compensation you require in order to fully recover. Vocational training is an option when you are no longer able to perform the job duties you previously had, and is provided for through the workers’ compensation system.
Fresno Workers’ Compensation Claims
Workers’ compensation, also known as worker’s comp, is a form of insurance that provides medical care and possibly other benefits such as disability or lost wages that may result when an employee is injured at work. When a worker in Fresno is injured on the job, that worker has a right to file a workers’ compensation claim in order to seek benefits while he or she is unable to work.
Does it matter who was at fault?
When seeking workers’ compensation, it does not matter who was at fault for the accident; an injured worker can seek benefits even if he or she was at fault for the accident. The exception to this when workers are found to be under the influence of drugs or alcohol at the time of their work accident. Regardless of whether or not you believe you were at fault for the accident, it’s important to review your case with a workers’ compensation attorney so that you understand your legal options and rights.
File for Workers’ Compensation
Workers’ Compensation Lawyer Serving
Filing for workers’ compensation is one of the most important steps you can take after a work injury. If you work in Fresno and were injured in an accident or while performing the duties associated with your job, you will most likely be entitled to workers’ compensation benefits for your injuries. This applies regardless of who caused your injuries or even if you were partially or wholly responsible for the accident. However, you will need to file a claim to seek these benefits.
Filing for Workers’ Compensation in Fresno, CA
Following are basic steps that can help in filing for workers’ compensation in Fresno:
- Report your work injury to your employer as soon as it occurs or as soon as you become aware that an illness or injury may be related to work
- Seek medical care
- As soon as possible, contact an attorney to discuss the situation and your legal rights in this matter
- File your workers’ compensation claim with your employer
After that point, your claim will be reviewed by a claims administrator. Issues may arise or questions may come up that will need to be answered, and having a lawyer at your side in these situations can help ensure that you are treated fairly through the claims process.
Fresno Workplace Accident and Catastrophic Injury Lawyers
Workplace accidents are accidents that result in a catastrophic injury that occur in the workplace. This could include the actual building where you work, or possibly any other place or site where you are required to be to perform your work. Workplace accidents are a common occurrence in Fresno, and all over California. Whether you work at a construction site operating heavy machinery, or whether you work in an office at a desk, workplace injuries should be taken very seriously. These injuries may include accidents involving scaffolding, forklifts, machinery, ladders, electrocution, explosions, or injuries sustained from falling objects. Other injuries may take a long time to develop, such as loss of hearing. Sometimes these workplace injuries require serious and immediate medical care and months of recovery time, and even though all employers are required to offer workers’ compensation, you may be surprised to find your employer is not entirely ethical in addressing the incident.
Rights of Injured Workers
Work accidents and injuries happen. It is for this reason that workers’ compensation laws were established in California and the rest of the United States, laying the foundation for the procedure that protects both employer and employee in the event of any work-related injury. Pacific Attorney Group represents injured workers throughout the Fresno area in all types of workers’ compensation claims and appeals, working to protect their rights every step of the way. We believe this is of the utmost importance if an employee is to receive the full workers’ compensation benefits to which he or she should rightfully be entitled by law.
Workers’ Compensation Rights in Fresno, California
An injured worker has various different rights under workers’ compensation law. This includes:
- The right to prompt medical treatment immediately after a work injury
- Up to $10,000 in medical treatment after a workers’ compensation claim has been filed and before it is approved
- The right to various benefits for a valid workers’ compensation claim, including:
- Medical benefits
- Disability benefits
- Job displacement benefits
- Death benefits
- The right to workers’ compensation benefits for any injury or accident related to work, regardless of who may have been at fault