Rancho Cucamonga dates from 3000 years ago as the first human settlement of the Native Indians in South California. The Cucamongan Native Americans made the area now named Red Hill their settlement, and the name of the city was inspired by one of their tribes.
The first Spanish explorers to enter California in the 18th century set up a few ranchos that provided cattle to other settlers and missionaries who gathered here. In the 19th century, Mexico started absorbing Spanish territory. When Mexico gained freedom, their new governor accorded Tubercio Tapia 13,000 acres of land surrounding Cucamonga, where he built an adobe surrounding Red Hill and continued to ranch. Tapia also started a winery which is today known as the Thomas Winery.
In 1846, American forces took over California and brought new owners to Rancho Cucamonga. Twelve years later, John Rains and his family bought Rancho de Cucamonga, where he built his home with brick masons from Ohio before he died. The family home still exists, and you can find it on the National Register of Historic Places.
An association of the Cucamonga homestead by the banker, Hellman, began years later after the downfall of Rancho because of a lack of water. He and other investors provided water to the people of Cucamonga with the Hermosa tract making it the first actual construction in the region.
Etiwanda, a community near Cucamonga, also led to the development of Rancho Cucamonga. The people of Etiwanda also created and executed a water system management and started a power generator that uses hydroelectric power, which further contributed to the development of Rancho Cucamonga as a city.
During the 1970s, Cucamonga, Etiwanda, and Alta Loma communities rose in population due to their closeness to Orange County and Los Angeles. The increase in population called for the stepping-in of the planning committee from the involved communities, which led to Rancho Cucamonga’s consolidation as a city in 1977.
Rancho Cucamonga has since been developing and is now housing over 177,000 families, with an increased population expected in the next decade.
What Are My Rights Under California Workers’ Compensation Laws?
The California law states that a worker’s compensation is the solution to obtain compensation for loss of income or medical expenses caused by a work injury. A work comp attorney will represent you and get you the settlement you deserve. Some of the benefits you are entitled to include
Medical expenses
The workers’ compensation program covers any medical and associated costs. These costs include surgery, treatments, medical evaluations, rehabilitation, prescription medicine, and transportation to a medical facility for treatment.
Permanent disability payments
These are payments made to those who suffered a work injury that affected their ability to participate in a work-related activity. The quantity paid follows a permanent disability rating that may vary based on the worker’s age, an injury sustained by a worker, what he does for a living, and the restrictions by a doctor. You can receive the payment from 4 weeks to 14 years based on your disability rating.
Temporary disability payments
These are payments made to those who suffered a work injury and took time off work. Based on the injured date, you are paid two-thirds of the worker’s average weekly wage with weekly maximums. The insurance company can pay these expenses for a maximum of two years.
Vocational retraining costs
These are benefits offered to a worker who cannot return to their previous work, and the employer failed to provide them with an alternative or improved employment. The benefits cover book, tuition, and fees for retraining at state-approved schools.
Life pension payments
Suppose you have suffered a severe disability due to a work injury. In that case, you get paid weekly in addition to the permanent disability payments or get the life pension payment throughout your life.
Death benefits
These are benefits paid to the spouse or dependents of the worker who was killed due to a work injury. These payments include funeral expenses.
What Mistakes Could Compromise My Workers’ Compensation Claim?
1. If you engage in an activity that the doctor restricted, for example, lifting a heavy object, your compensation claim could be denied. Private investigators offer their services to insurance companies to make sure you are not compromising your workers’ compensation.
2. Not taking action immediately after an incident could also compromise your compensation claim. Ensure you record all the details prior to the work injury, how it happened, and the steps you took immediately following the accident.
3. Do not stop the doctor’s treatment plan given to you even if you feel better. The symptoms may return or become more intense if you discontinue. You also do not want to make the insurance company think that you exaggerated the severity of your work injury.
4. Do not distort your symptoms or injuries. Always tell your doctor of changing symptoms or symptoms that worsen.
5. Do not make up false injuries or symptoms, as doctors always perform tests on you to confirm if your claims are valid.
Can You Sue Your Employer While On Workers’ Compensation?
All citizens, particularly employers and employees, are sheltered by workers’ compensation laws. In California, it is required that all employers have workers’ compensation insurance. When an employer blames the employer for a work injury or ailment, the employer liability insurance policies often cover the cost of legal proceedings.
If your employer does not have workers’ compensation insurance and you suffer an injury at your place of work, the fine could sum up to ten thousand dollars per worker when the damage took place.
Who Qualifies For Workers’ Compensation In Rancho Cucamonga California?
If you incur an injury while doing your job or because of your job, and you are an inhabitant of California, you are qualified to benefit from workers’ compensation. Let your employer know after you suffer an injury at work as soon as possible. A workers’ compensation claim has to be filed before 30 days of the incident by the employer or employee. Reach out to a Rancho Cucamonga workers compensation attorney who will handle your case as soon as possible.
How Are Workers’ Compensation Lawyers Paid?
The work comp attorney will not charge you for handling your case. We will offer you a free consultation and listen to the details of your claim to determine whether it is valid. An attorney fee will be agreed upon, and the predetermined amount will be paid when you receive your settlement as a percentage of the benefits. This means we only get paid when you get paid, and if we don’t win the case, you do not pay.
Is It Worth Getting A Workers’ Compensation Attorney?
The workers’ compensation system seems to be working for the benefit of the employers and insurance companies instead of offering fast and fair compensation to injured workers as intended. Insurance companies have highly trained attorneys, which makes it even more difficult.
Having a highly-skilled work comp attorney on your side increases your chances of getting compensation. In addition, a work comp attorney will not charge for services offered and will only receive a portion of your benefits when you win.
Getting a Rancho Cucamonga workers compensation attorney is worth it compared to handling your claim by yourself. Call a work comp attorney today and get yourself a free consultation.
How Can A Rancho Cucamonga Workers Compensation Attorney Help?
Filing a workers’ compensation claim is long, tedious, and complicated. It is even more difficult when you are trying to appeal a denied claim. By reaching out to a work comp attorney, you are ensured that we will handle your case well with the highest level of expertise and that you will not be on your own.
A Rancho Cucamonga workers’ compensation attorney will,
- Represent you in any legal proceedings
- Collect any relevant evidence and documents
- Draft and file all the documents needed
- Make sure you do not miss any deadlines
- File a case against third parties that are at fault
- Settle with the insurance provider on your behalf
Can I Sue My Employer For Denying Workers’ Comp?
If you receive a letter from the claims administrator saying that the claim was denied, there are several procedures that you must follow to challenge the decision. You can choose to represent yourself or have a Rancho Cucamonga workers compensation attorney represent you.
You will need to file an Application for Adjudication of Claim at any division’s 24 offices stationed around California. You should file the application in the county where you reside or were injured, and you must serve it to all the other parties. The division’s 24 office will then send you a notice that will confirm you filed your case, which will contain the case number. Hold on to the notice and ensure you use the case number on all documents for your case.
To get a hearing before a judge, you will request it by filing a Declaration of Readiness to Proceed, and your case will be scheduled for a hearing. During the hearing, you and your claims administrator will appear before a judge who will discuss the matter with you to reach a fair settlement.
Will Workers’ Comp Offer Me Settlement?
After filing the first paperwork for your workers’ compensation claim, the insurance company usually starts a proper investigation into the accident that led to your injury. The insurance provider either approves or rejects the claim. The process may take around two to four weeks, as they review relevant evidence such as medical records and accident reports.
If your claim gets approved, the company will offer you compensation intended to reimburse you following the costs incurred from the accident. The workers’ compensation settlement will also replace a part of your wages, which is usually equal to two-thirds of your regular salary if you cannot work due to your injuries.
If your claim is denied, you could consult with a Rancho Cucamonga workers compensation attorney to go through all legal alternatives. Insurance companies usually reject workers’ compensation claims for injuries like,
- Injuries caused by alcohol or substance abuse
- Self-caused injuries
- Injuries that occurred when commuting to or from work
- Injuries inflicted as a result of fighting or inappropriate behavior
- Injuries that occurred during the commission of a crime
You can appeal the decision successfully with the help of a Rancho Cucamonga workers compensation attorney as they are legal specialists.
Get a Free Consultation with a Workers’ Comp Lawyer in Rancho Cucamonga
Having a lawyer represent you after you have suffered a work injury is essential as getting you a fair compensation could be complex and lengthy. If you do not know the proper procedures to be followed when making a claim, it could be denied.
Therefore, looking for a work comp attorney in Rancho Cucamonga is the first step in this long and tedious process. Most attorneys in Rancho Cucamonga offer free consultation and listen to your case to see whether it is admissible.
If you, your friend, or a member of your family suffer a work injury, Pacific Attorney Group PLC should be the first place to look. Our lawyers have over 70 years of experience collectively and will do our best to get you the best settlement.