San Francisco Workers Compensation Attorney

San Francisco Workers Compensation Attorney
San Francisco Workers Compensation Attorney

What is workers’ compensation? This is a social insurance program that your employer is required by law to provide to you and your co-workers. There are two main categories of injuries that may cause a worker to qualify for benefits under workers’ compensation law in San Francisco, California:

  • Work accidents – a single event, such as a slip and fall, work-related auto accident or injury from a falling object may cause a work-related injury.
  • Repeated exposure at work – continued exposure to toxins, loud noises, light, radiation, or possibly a repetitive motion may cause a worker to fall ill or sustain an injury.

San Francisco Workers Compensation Attorney

California workers compensation law is legislation that ensures employers provide their employees with compensation benefits under the California Labor Code Section 3700-3.08 for injuries that the employees sustain at work. This law has been widely adopted by both public and private employers in California as a way to provide protection for workers from both physical and psychological injuries that can affect their ability to work.

All businesses are required to register with the Labor Commission, be in good standing with the Department of Industrial Relations, and comply with all state statutes for coverage under California workers compensation law. All businesses should consult with an experienced San Francisco workers compensation attorney before implementing any changes or modifications to their worker’s comp program.

In San Francisco California the workers compensation law has been greatly enacted by recent decisions from the California Courts.

The purpose of workers compensation law, as defined in Section 3202.1(a) of the California Labor Code, is to create a fund to pay injured workers who are unable to work because of their injury. In certain circumstances, there may be more than one employer liable for the payment of benefits. A work comp lawyer may be key in helping employee get the right compensations.

What Are My Rights Under California Workers’ Compensation Laws?

Employees in California who are physically injured while at work may be eligible for workers’ compensation benefits. Depending on the injury, an employee may receive many different types of benefits. These include medical care, lost wages and compensation for pain and suffering. All of these benefits, however, may be reduced by any off he book compensation that the employee may be offered in order in a bid by the employer to escape the full extent of the law.

To be eligible for workers’ compensation benefits, an injured employee must have worked in the same industry at the same company for at least three months. A non-employee who has sustained an injury occurring while at work is not eligible for any type of workers’ compensation benefits in California. However, these individuals may be able to pursue personal injury claims against the employer in order to recover damages related to the accident.

How Can I Get California Workers’ Compensation Benefits?

Workers’ compensation benefits for injuries sustained on the job in California may be sought through the Labor Commission. If you are injured at work and believe that you have a workers’ compensation claim, you must complete and file an application for adjudication with the Labor Commission within one year from the date of your injury. If you are unsure whether or not your injury occurred while working, you may also file a claim up to one year after the date on which you discover the injury. If you do not file within these time limits, your case against your employer will be considered void.

What Mistakes Could Compromise My Workers’ Compensation Claim?

In order to prevent your workers’ compensation claim from being considered void, you should absolutely avoid making any mistakes when filing your initial claim. These mistakes include:

1. Failing to file a workers’ compensation claim within 1 year after the date of injury

It is important to be prompt when filing a workers compensation claim in California. If you fail to file a claim within 1 year of the date of injury, it will be considered void and you will not be able to recover any benefits for your injuries.

2. Failing to provide medical evidence of injury, either by yourself or by a doctor who is treating you for your injury

If you are seeking workers’ compensation benefits, you or your treating doctor must provide medical evidence of the injury within 1 year of the date of injury. If no medical evidence is provided within this time period, your claim will be considered void.

3. Failing to cooperate with an investigation into your claim

If you are claiming that an injury occurred at work, your employer and the insurance company will investigate the circumstances surrounding the accident in order to determine whether it occurred while you were working or not.

4. Filling out the application for adjudication incorrectly.

In order to establish a valid claim, you must submit an application for adjudication to the Labor Commission containing specific information. Failing to provide the correct information will result in your claim being denied by default.

5. Filing a workers’ compensation claim after a prior claim has been made or received

Claims filed by an injured employee after a prior claim has been made or received will be considered void. Claimants must be diligent in filing a workers’ compensation claim as soon as possible.

6. Filing a workers’ compensation claim under a different employer than the one at which the accident occurred.

If you work for one employer and sustain an injury during the course of your employment at another employer, you will not be eligible for workers’ compensation benefits. You must file your claim with the same employer as the employer at which you sustained the injury.

Can You Sue Your Employer While on Workers’ Compensation?

NO, In California, it is impossible to sue your employer while you are receiving workers’ compensation benefits. You must stop filing your claim with the Labor Commission, however, in order to bring your lawsuit against your employer. If the Labor Commission is still accepting your claim at the time that the lawsuit is filed then the case against your employer will not be taken. This is why it is important to consult with work comp lawyer to know whether you should sue your employer or file for workers compensation.

Who Qualifies for Workers’ Compensation in San Francisco California?

In California, any person who is injured on the job in San Francisco may be eligible for workers’ compensation benefits. However, the number of factors will determine which types of benefits you may receive. These include:

1. The type of injury sustained

Workers’ compensation benefits cannot be provided for an arm or leg injury, a head or neck injury, or an eye injury. The types of injuries that can lead to workers’ compensation benefits in San Francisco are defined by the Fair Labor Standards Act (FLSA). These include:

* Fractures

* Contusions (bruises)

* Lacerations (cuts)

* Burns or scars caused by fire, chemicals, or electricity, excluding first degree burns and scars with less than 20% total body surface area.

2. The date on which the injury occurred

When a worker is injured at work, he or she must report and undergo medical treatment for the injury. If this is done promptly and within the time limits set forth by the Labor Commission, a worker can receive workers’ compensation. An injury occurring more than two years in the past will not be eligible for any benefits.

3. The length of time you have worked in California

In order to be eligible for workers’ compensation benefits in San Francisco, you must have been working at a job in California for a minimum of 90 days prior to your injury. If you are working in California but you live out of state, it is important to speak with a San Francisco workers compensation attorney because the law may provide that you are not eligible for any benefits.

4. The nature of the business

Workers’ compensation benefits may not be provided for workers employed in businesses that are not considered “hazardous”. For example, if a construction worker is injured at work and is unable to return to his prior employment because of the injury, he will be eligible for workers’ compensation benefits because his occupation is considered “hazardous”. However, if an office worker slips and falls while at work they may not be eligible for workers compensation because the nature of their work is not hazardous.

How Are Workers’ Compensation Lawyers Paid?

A work comp lawyer is paid in various different ways. This is because workers’ compensation is intended to substitute for a worker’s lost earnings. Because of this, workers’ compensation lawyers will often receive a percentage of the amount that their clients have received in workers’ compensation benefits. However, the lawyer will also be expected to recoup any costs which he or she has incurred for their clients as well as any out-of-pocket expenses during the duration of the case. This makes these lawyers very committed to the case as winning it will also mean that they get paid.

Workers’ compensation laws are complex, which is why it is very important to consult a San Francisco workers compensation attorney who focuses on workers’ compensation law when trying to collect benefits for an injury sustained on the job.

Is it Worth Getting a Workers’ Compensation Attorney?

Yes, if you have been injured on the job and you have been denied workers’ compensation benefits, it is very important to consult with an attorney. Workers’ compensation lawyers are specialized in handling all types of workers’ compensation cases in an effort to maximize the amount of money that their client receives or receives in, a situation like this.

Getting a work comp lawyer is highly recommended for anyone who has sustained an injury at work because this case can take months to resolve and a worker may be unable to return to their job if they do not receive a favorable outcome.

How Can a San Francisco Workers’ Compensation Attorney Help?

Workers’ compensation lawyers in San Francisco represent workers who have been denied workers’ compensation benefits by their employers. A workers’ compensation attorney may also represent the employer if they need to appeal a claim that has been approved. The laws and regulations surrounding these cases are complex and can be highly frustrating for an injured worker to navigate. Therefore, it is important to consult with an experienced work comp lawyer who has experience in dealing with these cases and the resources to fight for what the employees deserve.

Can I Sue My Employer for Denying Workers’ Comp?

You can sue your employer if they deny your workers’ comp benefits, assuming you have been denied the benefits. It is important to note that some employees do not even know that they are entitled to workers’ compensation and have not applied for them. This can be the result of an employer who has denied the employee’s claim or intimidated the employee into not filing one. Oftentimes, employers will withhold any kind of benefits from their employees until there is a legal case against them, whether it be a criminal case or a workers’ compensation lawsuit. This is why it is important to consult with a work comp lawyer because they can help you determine whether or not you are entitled to workers’ compensation, the steps that you need to take in order to obtain the benefits, any potential defenses your employer might have, and any other ways in which you can protect your rights.

Will Workers’ Comp Offer Me a Settlement?

Not all workers’ comp claims are settled at the time of filing. Workers’ comp offers only a portion of the money that you have been earning or have not been paid. In most cases, it is enough for you to pay your bills and afford medical care for your injury. However, medical care can be very expensive if the injury was severe or if there is a serious risk that this will get worse from the original incident causing you to be unable to work again. In some cases, the claimant can have to go bankrupt in order to pay for the medical needs that arise from a workers’ comp claim. Working with a qualified San Francisco workers compensation attorney will ensure that you not only receive the salary benefits but also get a settlement in terms of medical bills and any other damages that have been incurred.

How Do I Find a San Francisco workers compensation attorney?

You can find a workers’ compensation lawyer in San Francisco by contacting us here at the Pacific Attorney Group Offices. We offer free consultations and will work with you to decide if your injury is work-related. We also handle a number of other personal injury cases, including car accidents and other employment grievances that you may have.

Bottom line

San Francisco workers compensation attorney are incredibly qualified and skilled in handling workers’ compensation cases. They have years of experience negotiating with insurance companies and fighting for the best outcome they can get. If you have been denied workers’ compensation benefits by your employer, you should seek out a San Francisco workers compensation attorney to ensure that you are not left without a means to support yourself or your family members.

Get a Free Consultation With a Workers’ Comp Lawyer in San Francisco

At Pacific Attorney Group we offer free consultations to prospective clients. Learn more about your rights and options by speaking with one of our attorneys. We are ready to provide you with a free consultation at our firm. Visit us to discuss workers’ compensation benefits or any questions you may have about filing a claim. We serve clients in San Francisco, Oakland, and the greater Bay Area.
Contact us today!

NB: Pacific Attorney Group offers free consultations regarding all personal injury cases in San Francisco and the surrounding area.

Navigating the San Francisco Workers’ Compensation System

The workers’ compensation system may seem very confusing, particularly for a worker who has never had to deal with filing a claim before. Issues may arise, such as a dispute with the claims administrator or perhaps a denied claim when you feel you should have been eligible for benefits. Although the Division of Workers’ Compensation offers resources and guidance to injured workers, they will not act on your behalf as would an attorney. This is why we consider it vital to involve a San Francisco workers’ compensation attorney to handle your case. No matter what obstacles you may encounter, your attorney will be able to act as an advocate for your rights and work to overcome these.

San Francisco Advantages of Workers Compensation Lawyer

Helping Injured Workers in San Francisco

Workers’ compensation has numerous advantages that may help an injured worker begin to rebuild and recover in the wake of a serious workplace accident or any work-related injury. Following are just a few of the advantages of workers’ compensation:

  • Workers’ compensation offers injured workers throughout San Francisco the opportunity to seek benefits for any workplace accident or injury, regardless of who was at fault.
  • Employees are granted the right to prompt, effective medical treatment in the wake of any work injury.
  • After filing a claim, a person injured in a San Francisco workplace accident has the right to receive medical treatment of up to $10,000 – even before the claim is approved.
  • A worker who files a workers’ compensation claim for a work-related injury may be entitled to receive benefits not only for medical care but for a temporary or permanent disability and job displacement.
  • The family of a worker who loses his or her life in a work accident may be able to recover benefits for funeral or burial costs, as well as continued benefits for lost income.

San Francisco Workers’ Compensation Attorney

In order to have the opportunity to take full advantage of the many benefits that workers’ compensation has to offer, we highly recommend that you involve a San Francisco workers’ compensation attorney as soon as possible. An attorney can protect your rights as an injured worker and can help represent your interests so your claim is properly filed and you are treated fairly by your employer and the claims administrator, including in the face of a disagreement, dispute, or denied claim.

Contact our firm today to talk to a San Francisco workers’ compensation lawyer about the advantages of workers’ compensation and how it can help you and your family.

San Francisco Attorney Services Workers Compensation Lawyer

At Pacific Attorney Group, it is our goal to provide our clients with the help and support they need through the entire process associated with filing for workers’ compensation and seeking benefits in San Francisco, California. It is our goal to offer you the full protection workers’ compensation law has to offer by protecting your rights and representing your interests every step of the way. Following are some of the specific attorney services we provide in relation to San Francisco workers’ compensation claims:

  • Helping our clients access the medical care they need in a prompt and effective manner.
  • Fully protecting our clients’ rights in relation to the workers’ compensation system, including against employer retaliation or other wrongful conduct on the part of their San Francisco employers or workers’ compensation insurance companies.
  • Advocating for our clients’ at any hearings associated with their claims or in the event of a dispute with claims administrators.
  • Filing workers’ comp appeals on our clients’ behalf with the Workers’ Compensation Appeals Board, to seek a reversal of a denied claim.
  • Take action to maximize our clients’ potential workers’ compensation benefits in every way possible, including seeking other potential resources for financial compensation.
  • Providing our clients with comfort and guidance through this often difficult and stressful time.

Filing a Workers Compensation Claim Lawyer

If you have sustained a job injury in or around San Francisco, you may have the right to file for workers’ compensation benefits. While we highly recommend that you consult and involve a lawyer as early in the process as possible, following is a basic outline of the process of filing for workers’ compensation in San Francisco:

  • If you have been injured, report the injury to your employer as soon as possible. Most often, your supervisor or manager will be the person to inform. Acting quickly and reporting the injury is essential. If you wait more than 30 days from the date of your injury and this affects your employer’s ability to properly investigate your claim, you may lose your right to workers’ comp benefits.
  • It is crucial that you seek medical treatment. Your employer will most likely tell you where you can go. Be sure that you inform your health care provider that your injury is work-related. Your employer is required to pay for up to $10,000 in medical treatment within one business day of receiving your workers’ compensation claim, even before your claim is denied or approved.
  • File your workers’ compensation claim as soon as possible. Your employer should provide you with a claim form to fill out, but if you do not receive this you may visit the Division of Workers’ Compensation website and locate DWC Form 1, which will most likely be the form you will need to fill out to apply for benefits.
  • Consult a lawyer as soon as possible. Involving a lawyer experienced with filling San Francisco workers’ compensation claims will be able to assist you in properly filing your claim in a timely manner and can assist you in the event of any question or dispute.

Rights of Injured Workers Compensation Lawyer

In San Francisco, injured workers have particular rights when it comes to workplace accidents, injuries and workers’ compensation claims. By law, employers are required to pay for workers’ compensation benefits for their employees. This covers all types of work-related injuries, including those that result from exposure, accidents and any action associated with the performance of the employee’s duties.

An injured worker has the right to medical treatment that is both prompt and effective. Even if your claim has not been approved or denied as of yet, the claims administrator is required to authorize medical treatment of up to $10,000 – within one working day after you file your workers’ compensation claim form with your employer.

An injured worker in San Francisco may have the right to the following workers’ compensation benefits: medical care, temporary or permanent disability, or job displacement. The type and value of benefits will vary depending on the particular incident and extent of injury.

An injured worker has the right to receive workers’ compensation benefits regardless of who was at fault in his or her accident. The worker does not have to prove that someone else was at fault in order to seek and recover workers’ comp benefits in San Francisco.

As an injured worker who has filed a workers’ compensation claim, you have the right to disagree with any decision that has been made that affects your claim. If you have a disagreement, you should first attempt to resolve the matter with your claims administrator, but it may be necessary to seek a resolution at a local Division of Workers’ Compensation office during a hearing presided over by an administrative law judge.

State Workers Compensation Claims Lawyer

If you are a state or government worker who currently works in the San Francisco area, and you were injured in any type of workplace accident, you may be entitled to workers’ compensation benefits just as any other type of employee would. At Pacific Attorney Group, we represent all types of government employees in filing San Francisco workers’ compensation claims, including those in law enforcement, medicine, emergency services, administrative positions, and much more.

Your initial consultation with an attorney to discuss your state workers’ compensation claim is free. If you would like to learn more about your legal rights and what can be done to recover the full financial benefits to which you may be entitled under workers’ compensation law in San Francisco, California, do not wait to call our offices at 800-670-8142. We recommend acting quickly in order to ensure the claim process goes as smoothly as possible, so you already have representation in the event of a dispute or denial.

State Workers’ Comp Claim

By becoming involved early, your San Francisco workers’ compensation lawyer can begin working to ensure your rights are fully protected. In filing your state workers’ compensation claim and seeking benefits on your behalf, your lawyer can work to protect you from employer retaliation, such as wrongful termination, or any other wrongful conduct on the part of the workers’ compensation insurance company, claims adjuster or your employer. Because you work for the government, you may find that the claims process is slightly more complex and difficult to deal with. But with our experience in this field and our legal knowledge, we can guide you through efficiently.

Types of Benefits Workers Compensation Lawyer

Understanding what types of benefits are available in a San Francisco workers’ compensation claim is important. At Pacific Attorney Group, we are committed to helping our clients recover the maximum benefits to which they should be entitled, including in seeking other potential resources for financial recovery.

There are six basic types of benefits covered by workers’ compensation insurance in San Francisco:

  • Medical care – medical treatment provided to assist you in recovering from an injury or illness related to work.
  • Temporary disability benefits – payments made if you lose wages because you are prevented from returning to work while recovering from your workplace injury.
  • Permanent disability benefits – payments made if you cannot recover completely and are unable to return to work because you are permanently disabled.
  • Supplemental job displacement benefits – for work injuries that occurred on or after January 1st, 2004, these are vouchers that will help pay for skill enhancement or retraining to help you reenter the work force (if you are unable to perform the same duties or do not return to work for your previous employer.)
  • Vocational rehabilitation – for work injuries prior to January 1st, 2004, an injured worker may be entitled to job placement counseling and retraining if you are unable to return to your previous job.
  • Death benefits – available to the family of a worker who lost his or her life in a work accident or due to a work-related injury.

Additional Benefits for Workers’ Comp Claims

There are other potential sources that your San Francisco workers’ compensation lawyer can look to in handling your claim and this may include:

  • State Disability Insurance, Unemployment Insurance, Social Security Disability Insurance, or other benefits paid by the state and federal government.
  • Benefits offered by employers or unions (sick leave, long term disability, salary continuation plans, etc.)
  • Financial compensation from a third party, if your injury was contributed to or caused by someone other than your employer.

San Francisco Why Hire a Workers Compensation Lawyer?

Making the decision to hire a workers’ compensation lawyer is personal and something that you will have to decide for yourself. You are not required to hire an attorney for your San Francisco workers’ compensation claim, and you may find that for a very minor injury you will be able to handle the matter yourself. For complex cases involving serious injuries and missed work, however, you may benefit from involving a lawyer. A dispute may arise, or you may have questions about what your claim should be worth. Your claim may even be denied, and you may find that you are facing the need to file an appeal with the Workers’ Compensation Appeals Board. The Division of Workers’ Compensation Information and Assistance Unit can offer you guidance in these matters, but these people are not there to act on your behalf as an attorney would. They can only offer you advice or information so you can represent yourself.

A San Francisco workers’ comp lawyer can help you understand the full extent of your rights as an injured worker and can work to protect these through every step of filing your claim.

 

San Francisco Workers Compensation Appeals Lawyer

Why a Workers’ Compensation Attorney for Your Appeal

When a San Francisco workers’ compensation claim is denied, an injured worker has the right to file an appeal with the Workers’ Compensation Appeals Board to seek a reversal of this decision. Working with an attorney is highly recommended in the filing of your workers’ comp appeal. An attorney will understand exactly what must be done to properly file your appeal and handle any communication or hearings with the proper authorities, including the possibility of filing an appeal with the proper court in your appellate district if the final decision by the Appeals Board is unsatisfactory.

About the Workers’ Compensation Appeals Board

The Workers’ Compensation Appeals Board, or WCAB, is a judicial body consisting of 7 members appointed by the Governor and confirmed by the Senate that has two main functions:

  • Reviewing petitions of reconsideration (appeals) of decisions made by workers’ compensation administrative law judges, and
  • Regulating the adjudication process.

The Appeals Board is not the final authority for a workers’ compensation claim, however. In the event of a decisions made by the Workers’ Compensation Appeals Board that is not in your favor, your San Francisco workers’ comp lawyer may turn to the court of appeal in your appellate district for a writ of review.

 

Fear of Employers
Employees are entitled to file claims when wrongfully injured. It is unlawful for an employer to terminate, or demote an employee in any format for filing a claim that is rightfully theirs. We uphold our clients’ worker compensation rights to the utmost.

Types of Accidents

• Work Accidents – Workers compensation operates under a no-fault system in San Francisco. The employee only needs to prove that the injury occurred at work. Call us today for legal counsel regarding work related injuries.

• Slip and Fall Work Accidents

• Work-Related Auto Accidents

• Toxic Exposures at work – Loud noises, asbestos, radiation and mold are harmful substances that have impacts on the employee’s well-being. Call our San Francisco workers compensation team today if you’ve been harmed by these toxic substances at work.

Workers Compensation Exposures

Exposures at work may lead to serious injuries or illness, and in these situations a San Francisco employee may be able to file a workers’ compensation claim in order to seek benefits for his or her injuries. There are many different potential types of workplace exposure that may lead to injury, including:

  • Continued exposure to loud noises, leading to hearing problems
  • Exposure to light, leading to vision problems
  • Exposure to radiation
  • Exposure to toxins, such as asbestos or benzene
  • Exposure to naturally occurring substances, such as mold
  • Continued exposure to a repetitive motion

Regardless of what your workers’ compensation exposure claim may entail, we at Pacific Attorney Group may be able to help. Our attorneys represent injured workers throughout San Francisco in all types of workplace exposure claims, assisting our clients in seeking the full benefits to which they should be entitled.

About San Francisco Workers’ Comp Exposure Claims

Handling workplace exposure claims may be difficult, particularly because you must prove that your injury or illness occurred due to a work-related accident or some substance, situation or toxin at work. When you involve a San Francisco workplace exposure attorney at our law firm, however, you will have the benefit of our knowledge and resources to back your claim. We will work with professionals in medicine and other related fields to begin building a case that shows where and when exposure occurred and how this caused your injury or medical condition. Your lawyer will leave no stone unturned in seeking your workers’ compensation benefits.

• Fatal Accidents

• Repetitive Motion Injuries

• Work Place Assaults

• Electrocution Accidents

• Equipment Malfunctions

• Falling Objects

• Scaffolding Accidents

• Ladder Accidents

Workers Compensation Denials

Workers’ compensation claims are not automatically approved. They are subject to review to establish their validity, which is based upon proof that the injury was actually work related. However, employers and claims administrators should treat employees fairly in regard to the review of their claims and should not actively try to deny claims even when they are valid. The Division of Workers’ Compensation actually has an entire unit dedicated to auditing insurance companies, self-insured employers and third party administrators to ensure proper workers’ compensation benefits are delivered accurately and in a timely manner. The Audit and Enforcement Unit works to ensure workers’ compensation obligations are met under California Labor Code.

Denials and Disputes with Claims Administrators

When a San Francisco worker files a claim for a workplace accident or injury, a claims administrator will be appointed to review the claim and determine its validity. At times, a dispute may arise with the claims administrator, and in these situations a hearing may be held at your local Division of Workers’ Compensation office. When you have an attorney at your side as you initially file your claim and also to represent your interests in the event of a dispute or hearing, you may have a much better chance of avoiding a denied claim in the first place, or of resolving the matter before it’s too late.

Workers Compensation Fraud in San Francisco

Workers’ compensation fraud may be defined as any attempt or act of misrepresentation in relation to workplace accidents, workers’ compensation, filing a claim, receiving benefits, billing by health care providers, and more. Although fraud may most often be associated with actions by an employee, workers’ compensation fraud may be committed by any individual or business involved in the workers’ compensation process: medical providers, insurance companies, and employers.

Some examples of workers’ compensation fraud may include:

  • Working and receiving unreported income while receiving workers’ compensation benefits.
  • Reporting an injury as work-related when it occurred elsewhere.
  • Failing to disclose a previous injury or disability and claiming it was solely related to a recent work accident or injury.
  • Exaggerating symptoms or an injury in order to seek increased benefits.
  • Underreporting of a number of employees or the fraudulent classification of an employee by an employer.
  • Overbilling by a medical provider.
  • Performing unnecessary tests or treatment by a medical provider.

Avoiding Fraud in San Francisco Workers’ Compensation Claims

Workers’ compensation fraud is an important issue, due to the repercussions this may have on claimants with real problems. Workers’ compensation fraud makes it a necessity for every workers’ compensation claim to be reviewed by a claims adjuster to determine its validity. It may also mean that an honest workers’ compensation claim is denied due to stringent filing requirements.

Overview

When a San Francisco worker is injured or becomes mentally or physically ill due to the performance of his or her job duties, as the result of an accident, exposure or crime at the workplace, the injured worker has the right to seek workers’ compensation benefits under California law.

Workers’ compensation law offers protection both to employees and employers in the event of any work-related injuries. It offers employees no-fault benefits for on-the-job injuries while protecting employers from legal action by employees for these injuries. In fact, the mission of the Division of Workers’ Compensation is “to minimize the adverse impact of work-related injuries on California employees and employers.”

By law, your employer is required to pay for workers’ compensation benefits. These are most often covered by an insurance company authorized to handle these transactions, but in some cases secure employers may provide their own benefits. Workers’ compensation is a “no-fault” system, meaning a worker does not need to prove that someone else was at fault in order to be eligible for benefits.

Involving a San Francisco Workers’ Comp Attorney

Although you are not legally required to involve an attorney in the event of a San Francisco workers’ compensation claim, you may find that working with a professional experienced with these matters will have a positive impact on your ability to recover the full benefits to which you should be entitled under workers’ compensation law. An attorney can assist you in the event of a dispute with the claims administrator as well as with an appeal if your claim is denied.

Resources

There are two primary types of settlements in a San Francisco workers’ compensation case: a Stipulated Finding and Award and a Compromise and Release.

A Stipulated Finding and Award is essentially an agreement that has the same impact as a judge’s decision after trial, but both parties have voluntarily reached this agreement rather than have it imposed by a judge.

A Compromise and Release will completely close a workers’ compensation case and end an employee’s right to future financial compensation. A Compromise and Release will typically involve a lump sum settlement from the workers’ compensation insurance company that compensates the employee for the insurance company’s avoidance of future payments.

After a San Francisco Workers’ Comp Settlement

Once a San Francisco workers’ compensation case is settled, whether by way of a Stipulated Finding and Award or Compromise and Release, the agreement will be presented to a judge, who will review the documents and medical reports to ensure the agreement is just. The judge will then approve or deny the settlement. If the workers’ compensation settlement is approved by the judge, this has the same impact of any court order. The injured worker should expect to receive his or her compensation within 30 days, although with a Stipulated Finding and Award the worker is often already receiving benefits and the order simply will outline when those benefits will end.

Working with an Attorney

Making the decision to accept a settlement in a San Francisco workers’ compensation case may be difficult. There will come a time in many workers’ compensation cases when the employer and employee will seek to resolve the matter by way of a settlement. Agreeing to a settlement outside of court may be beneficial to both parties, allowing them to avoid the cost of going to court to have the matter resolved by a judge. That is why it is so important to involve an attorney, who will be able to help you reach a settlement and will be able to protect your rights to help ensure the settlement is truly beneficial to you.

San Francisco Workers’ Compensation Lawyer

If you are involved in a workplace accident or have sustained a work-related injury in San Francisco, you need to contact a San Francisco Workers’ Compensation Lawyer immediately. In a Workers’ Compensation claim, it is important that you consider hiring a competent Workers’ Compensation Lawyer.

At Pacific Attorney Group, we have been representing injured workers in workers’ compensation cases and appeals in San Francisco and surrounding areas. We are pleased to offer our experience and resources to you, helping you to recover the maximum monetary compensation you are entitled to.

Reputable San Francisco Workers’ Compensation Lawyers

We are highly dedicated to protecting the rights of our clients, and we can fight for you. By working with an experienced San Francisco workers’ compensation lawyer at our Law Firm, you can rest assured that you will receive the highest level of service. We can help you in properly filing your claim and also by protecting your interests. If your claim is denied, our experienced legal team knows what to do and can immediately follow effective strategies to seek a reversal of this decision.

Reputable Workers’ Compensation Attorneys

A work injury can be devastating, both to the injured worker and to his or her family. Injured workers must deal with the medical reality and stress of an injury, as well as the medical costs and the loss of income.

We have a great reputation for providing top notch service and obtaining the best possible outcome for our clients. With more than 35 years of collective legal experience, we have the expertise to help you.

Whether your San Francisco workers’ compensation claim involves a workplace accident or repetitive motion injuries, work-related auto accidents, toxic exposure at work or any other work injury, our San Francisco workers’ compensation can provide you with the experienced representation you need. We have a good understanding of the San Francisco workers’ compensation laws and we will review and analyze your case carefully in order to determine how we can recover maximum benefits for you.

Contact San Francisco Workers’ Compensation Lawyers

We are top rated San Francisco Workers’ Compensation Lawyers, and we have helped numerous clients obtain the compensation they need and deserve. We can help you.

We do not charge a fee until we recover compensation for you, so you can be confident that we will work hard to get you the maximum settlement in your situation. To contact a San Francisco Workers’ Compensation Lawyer at Pacific Attorney Group for a free and confidential case evaluation, visit workerscompsanfrancisco.com.

Workers Comp San Francisco

Dealing with a work-related injury or accident is oftentimes one of the most challenging things that an individual will ever do. When the time comes to seek financial compensation, our San Francisco workers compensation firm is the team to contact. We have over 40 years of experience in this sector, and that’s why we’re able to provide legal services in such a prompt, precise manner. We understand that work-related accidents can be emotionally and economically taxing, and that’s why we work with diligence and dedication to ensure that you obtain the best outcome possible.

Our San Francisco workers comp lawyers are skilled in operating within several practice areas. Some of them include electrocution accidents, equipment malfunction, employer retaliation, falling objects, explosion accidents, filing for workers’ compensation, ladder accidents, scaffolding accidents, rights of injured workers, and much more.

Learn more about our dynamic San Francisco workers comp organization and how we can assist you by reviewing our website at workerscompsanfrancisco.com.

San Francisco Work Accident Attorneys

San Francisco
San Francisco CA

Workers’ Compensation Claims for Workplace Accidents in San Francisco

A San Francisco employee who is injured in an on-the job accident is entitled to workers’ compensation benefits under California law. A work accident that qualifies for workers’ compensation may include virtually any incident, ranging from a minor slip and fall to a catastrophic accident involving a fire or explosion. The type of workplace accident an employee may be at risk of experiencing will vary depending on the field in which he or she works, as well as the particular duties of his or her job. In general, workers in construction, transportation and manufacturing are at a greater risk of involvement in workplace accidents. However, virtually any worker, even one confined to an office building, may experience a work-related accident or an accident at work.

The attorneys at Pacific Attorney Group have more than 35 years of collective legal experience in helping injured workers file workers’ compensation claims for workplace accidents.

Scaffolding Accident Lawyer

Scaffolding accidents happen most often in construction sites where scaffolds are heavily used and where there is regularly experienced random activity in the area. Good construction crews intermix in close quarters as contractors drive to be as productive as possible with getting each job to progress as quickly and steadily as possible. There are also instances where scaffolding is found in other settings as repairs or other modifications are being done in office environments, retail establishments and elsewhere.

Scaffolding is used to create larger workspaces for individual or multiple workers operating at the same height, usually supporting each other on a particular task, and often supported by other workers at ground level. The work involves close access to materials, tools of various kinds, including heavy duty power tools. Scaffolding built up from the ground can get high enough that special retainer equipment might be necessary to assure stability. Also, scaffolds lowered from a rooftop or high location are subject to sway movement from different sources, but particularly side-to-side movement by the workers. All these factors, including a greater likelihood of lost balance by a worker, can create a tougher working environment because of a variety of factors:

  • Scaffold height, which in the case of a fall can be more injurious to both a fallen worker and one on the ground, as compared to ladders;
  • Scaffold movement from worker movement, wind and other factors;
  • Falling equipment, materials and tools;

A main point on scaffolding accidents is the factor of higher risk of more serious personal injury to any injured worker. Such accidents can result in prolonged physical suffering, longer out-of-work periods, and more costly medical treatment and rehabilitation costs.

Helping With Your Workers’ Comp Claim

The Pacific Attorney Group workers’ compensation team is particularly effective in helping a worker who has been harmed in a scaffolding accident. A worker injured in a scaffolding accident should get immediate help from an experienced and capable San Francisco Workers’ Compensation Lawyer to assure the harm received and both its short-and long-term effects are properly recognized by employer administrative people and insurance company representatives. Our legal staff is knowledgeable and aggressive in protecting the compensation rights of workers harmed in scaffolding accidents.

San Francisco Ladder Accident Lawyer

Ladder Accidents on the Job in San Francisco

Working environments present opportunity for accidents of many kinds, whether the environments are construction sites, office or retail business sites. Falls from ladders can be particularly harmful, particularly at construction sites where the sites are often beehives of random activities in close quarters. A ladder that is suddenly tipped, causing sudden movements by a worker on the ladder in his or her attempt to right the instability, can intensify both the probability of a fall and can intensify the fall itself if it occurs. These combinations of sudden, random motions can lead to falls that are damaging both to the falling person and to other persons if they are struck by a fall.

An experienced San Francisco Workers’ Compensation Lawyer has knowledge of the damage associated with many kinds of falls, the variety of conditions that can bring them on and the reasons that falls can produce a variety of injuries, small and large. Falls can result from things such as:

  • Heavily used ladders that are more unstable than when new;
  • Extensive close and random motion on jobsites, particularly construction sites;
  • Office operating environments where ladders are found suddenly in typically out-of-place settings, thus creating unpredictable motion in otherwise predictable settings;
  • Office and Retail environments where a worker who rarely handles bulky packages is suddenly required to handle them on a ladder.

Compensation for Your Work Related Accident

San Francisco Workers’ Compensation attorneys at the Pacific Attorney Group have successful experience dealing with ladder accidents, particularly at gathering proper evidence on the degree of injury suffered by the victim. There can be a tendency by administrators or insurance investigators to overlook, minimize or question the degree of harm to a fallen worker. Our legal team can expertly bring about a valid harm assessment that assures the worker’s injury claim is properly measured and compensated. You are entitled to benefits for your medical costs in addition to income benefits. Our staff also understands the appeals process when unfair judgments are made by administrators or insurance company administrators, assuring that the injured worker receives fair and just compensation.

San Francisco Falling Object Injury Lawyer

Falling Object Injury Cases in San Francisco

Falling objects happen often in public environments. Items stacked high against walls on high shelves in stores, falling objects at construction sites and poorly secured items flying off trucks on highways are examples of regular falling object incidents. Such accidents can and do occur in work environments and can put workers at risk of harm, both small and large.

A good discipline to help avoid falling objects in public and their harmful consequences usually includes the following important principles:

  • Provide adequate notice in the area when working overhead in public;
  • Practice safety: stable ladders and loads, adequate help from a co-worker, good housekeeping with tools and equipment;
  • Secure moving loads

Discipline is the key. However, if discipline is lax or employee safety training is inadequate or bypassed in the interest of speed, or by other circumstances, accidents from falling objects can occur. When this happens, workers’ compensation laws in California are there to see that harmed workers are properly compensated for the injury or harm suffered.

Professional Help for Your Compensation Claim

Workers’ compensation laws provide for compensation when falling objects cause personal injury in the workplace, regardless of what person, discipline or piece of equipment might have been at fault. A worker injured by a falling object at work is entitled to compensation for medical costs and lost work time resulting from a falling object incident, whether accidental or intended. In particular, a competent and dutiful San Francisco Workers’ Compensation Lawyer can be very helpful in assisting a worker injured in a falling object claims process. Employers and insurance companies sometimes avoid full recognition of a worker’s compensation claim. Without good professional help on the claims processing and decision steps, this can lead to an unfair outcome for the injured worker. We at Pacific Attorney Group in San Francisco can help an injured worker with the initial claim and continue to support that worker through to a final fair compensation decision.

Contact a Workers’ Compensation Attorney in San Francisco promptly after a falling object accident happens at work.

San Francisco Explosion Accidents on the Job Lawyer

San Francisco Workers’ Compensation Attorney

Although explosions occur primarily in industrial sites where flammable materials are stored and used, explosions can happen anywhere flammable materials are stored or transported. Examples are:

  • Propane or other flammable gases used in manufacturing
  • Flammable gases or liquids in transport
  • Industrial construction environments

An explosion basically takes two circumstances coming together: highly flammable materials, particularly those in liquid or pressurized gas storage containers, and their exposure to flame, spark or overheating. When an explosion occurs, workers located near the explosion can be subject to severe burns, damage to eyes, and body parts severely harmed by the force of the explosion. The degree of personal harm that results depends to a significant degree on a worker’s closeness to the explosion.

An explosion results from rapid burning and thus is instantaneous in its effect, usually providing little or no notice of its occurrence. Workers’ compensation laws in California recognize and provide compensation for personal harm and damage experienced by any worker resulting from an explosion.

Compensation for Your Work Related Explosion Accident

Harm from an explosion can be severe in a number of ways:

  • Severe burns and the associated pain and suffering
  • Brain and spinal damage from the explosive force
  • Loss of limb mobility and control, temporary and permanent
  • Disfigurement and mental trauma

Some damage can come from the immediate effects of the explosion; some can come subsequently. It is very important that a worker injured in a workplace explosion immediately get the help of an experienced Workers’ Compensation Lawyer in San Francisco to assure that accident reconstruction efforts are thoroughly done. The team at Pacific Attorney Group and its associated explosion experts are experienced and successful in representing employees harmed in workplace explosion accidents.

Contact a San Francisco Workers’ Compensation Attorney immediately for experienced legal assistance following a job-related explosion accident.

San Francisco Equipment Malfunction Injury Lawyer

On the Job Equipment Malfunction in San Francisco

Any equipment used on a jobsite, particularly industrial or construction where equipment is used daily and for heavy duty needs, can fail to operate properly and in this process cause accidental injury. The injury may be to the operator or to other workers in the vicinity of the malfunction. Industrial or construction equipment usually includes equipment such as cranes, hoists, forklifts, heavy duty drills, motors and generators, welding equipment. An equipment malfunction can be caused by the following principal causes:

  • Improper operator handling or use;
  • Worn out and poorly maintained equipment;
  • Defective equipment not known or announced by the manufacturer;
  • Use for heavier duty actions beyond the equipment’s design load;

Help With an Employee’s Claim and Settlement Processes

Although smaller duty equipment can malfunction and cause accidents, heavy duty industrial and construction equipment failure will often result in damage to a worker serious enough to permanently injure the body, cause severe pain or suffering, result in longer times away from the job or involve extensive rehabilitation. Therefore, it is important that the complications of equipment malfunction injury are properly recognized and accounted for in any workers’ compensation claim. An experienced and thorough San Francisco Workers’ Compensation Lawyer can be particularly valuable in helping an injured employee get compensation to cover all the unfortunate parts of the accidental injury incurred. Workers’ compensation attorneys at the Pacific Attorney Group are very effective in preparing an injured worker’s compensation claim. We focus on assuring that the comprehensive nature of effects to the worker’s medical and financial conditions are thoroughly covered in that claim. We also support the employee’s journey through the claims review and decision process to effectively help assure that the judgment process is equally comprehensive and fair.

Contact a Workers’ Equipment Malfunction Injury Attorney in San Francisco as soon as possible after being harmed by an on-the-job equipment malfunction accident for effective legal assistance.

San Francisco Equipment Malfunction Injury Lawyer

On the Job Equipment Malfunction in San Francisco

Any equipment used on a jobsite, particularly industrial or construction where equipment is used daily and for heavy duty needs, can fail to operate properly and in this process cause accidental injury. The injury may be to the operator or to other workers in the vicinity of the malfunction. Industrial or construction equipment usually includes equipment such as cranes, hoists, forklifts, heavy duty drills, motors and generators, welding equipment. An equipment malfunction can be caused by the following principal causes:

  • Improper operator handling or use;
  • Worn out and poorly maintained equipment;
  • Defective equipment not known or announced by the manufacturer;
  • Use for heavier duty actions beyond the equipment’s design load;

Help With an Employee’s Claim and Settlement Processes

Although smaller duty equipment can malfunction and cause accidents, heavy duty industrial and construction equipment failure will often result in damage to a worker serious enough to permanently injure the body, cause severe pain or suffering, result in longer times away from the job or involve extensive rehabilitation. Therefore, it is important that the complications of equipment malfunction injury are properly recognized and accounted for in any workers’ compensation claim. An experienced and thorough San Francisco Workers’ Compensation Lawyer can be particularly valuable in helping an injured employee get compensation to cover all the unfortunate parts of the accidental injury incurred. Workers’ compensation attorneys at the Pacific Attorney Group are very effective in preparing an injured worker’s compensation claim. We focus on assuring that the comprehensive nature of effects to the worker’s medical and financial conditions are thoroughly covered in that claim. We also support the employee’s journey through the claims review and decision process to effectively help assure that the judgment process is equally comprehensive and fair.

Contact a Workers’ Equipment Malfunction Injury Attorney in San Francisco as soon as possible after being harmed by an on-the-job equipment malfunction accident for effective legal assistance.

Retaliation Workers Compensation

If you have filed a San Francisco workers’ compensation claim or have testified on another person’s behalf for their claim, it is illegal for your employer to fire you or punish you in any way for your actions. The same applies if you are injured in a workplace accident or suffer any workplace injury. If your employer takes action against you simply because you were injured or because you attempted to or actually filed a workers’ compensation claim, you may be entitled to receive damages from your employer for what you have experienced.

Legal Remedies for Employer Retaliation in San Francisco

There are many different types of employer retaliation that may occur in conjunction with a workplace injury or workers’ compensation claim. A wrongful termination is a common form of employer retaliation. Additional actions may include: demotion, failure to rehire, unfair performance reviews, or interference with the claims process. If your lawyer proves that you were the victim of employer retaliation, you may be entitled to compensation for lost wages, the reinstatement of your job, increased benefits, and other costs and expenses. The value of your case will vary depending on the exact situation.

Electrocution Accidents in the Workplace Lawyer

Electrocution accidents have many causes. Someone can accidently contact a charged high power line, can be handling equipment that comes into contact with a power line, can be working with defective electrical tools or working on electrical equipment without power being shut off.

There is a great range of severity of electrical harm to a worker, from very minor to very serious, including death. Severe electrocution can produce cardiac arrest, often accompanied by death. It can cause severe burns and can cause damage to a worker’s central nervous system, leading to different degrees of functional impairment. Electrocution can happen both to electrical workers and others. An example of the latter is a roofer who accidently comes in contact with a high power line near the roof.

Although many electrocution accidents come from worker inattention or misjudgment, California workers’ compensation laws do not require finding fault. They address only the fact that a worker was harmed in an accident electrocution at the workplace or while at work. Electrocution incidents can also result in other harm such as a fall after receiving an electrical shock.

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