Our San Jose Workers Compensation Lawyer Can Help You

Workers’ compensation law protects employees from being hurt on the job. It can also provide other benefits. Understanding your rights as an employee fighting for workers’ compensation pay is essential. If you or a loved one has been injured on the job, you may need to seek legal help immediately. It would be best if you did not he

Workers Compensation Document
Workers Compensation Form

sitate to get in touch with an experienced San Jose workers compensation lawyer who can help guide you through the process and fight for the compensation you deserve. 

Injuries sustained by workers at the workplace can lead to severe medical conditions, mental trauma, and lost wages. Sometimes, due to unfortunate circumstances, employees cannot work for a long time after the incident. The San Jose workers compensation lawyer can help you take the necessary steps to pursue justice.


Personal Injury Claims are Different From Worker Compensation Claims

Yes, personal injury claims and workers’ compensation claims are distinct legal processes with different purposes and requirements.

Personal Injury Claims

  • Purpose: Personal injury claims are filed by individuals who have been injured due to the negligence of another party, such as in car accidents, slip and fall incidents, or medical malpractice.
  • Fault Requirement: In a personal injury claim, the injured party must typically prove that the other party was at fault or negligent in causing the injury.
  • Compensation: If successful, the injured party may receive compensation for medical expenses, lost wages, pain and suffering, and other damages.
  • Legal Proceedings: Personal injury claims are typically resolved through negotiations with insurance companies or through civil lawsuits if a settlement cannot be reached.

Workers’ Compensation Claims

  • Purpose: Workers’ compensation claims are designed to provide benefits to employees who are injured or become ill in the course of their employment.
  • Fault Requirement: Unlike personal injury claims, workers’ compensation claims are generally not based on fault. Employees are typically entitled to benefits regardless of who was at fault for the injury.
  • Compensation: Workers’ compensation benefits typically cover medical treatment, wage replacement, vocational rehabilitation, and other related expenses for work-related injuries or illnesses.
  • Legal Proceedings: Workers’ compensation claims are typically handled through administrative processes rather than traditional lawsuits, and the specifics of the process can vary by jurisdiction.

Consulting with a qualified attorney who specializes in personal injury or workers’ compensation law in San Jose can provide personalized guidance based on the specific circumstances of the case.

Understanding Your Rights as a Worker in California State Law

California has made it mandatory for every employee to have workers’ compensation insurance. This insurance covers the medical costs and other expenses incurred due to injuries sustained. The insurance is paid by the employer or an independent third party. When an employee is injured at work, they must report it immediately to their supervisor, the Human Resource department, or someone designated by them. If workers get injured, they are entitled to receive all benefits under this program without any delay. 

The amount of benefits depends on how much time an employee has been out of work due to injury and what kind of injury was sustained. However, in some severe injuries or death on the job, specific medical treatments may be covered without being counted as lost wages. 

It is essential for workers who are injured at work to seek legal help immediately after sustaining an injury to receive all benefits under this program without any delay.

San Jose Workers Compensation Lawyer
San Jose Workers Compensation Lawyer

Common Causes of Workplace Accidents in San Jose

California is one of the most progressive states regarding work comp. It has implemented the most comprehensive laws and rules to protect employees from work-related injuries. The San Jose worker’s compensation lawyers are well aware of these laws and can help you fight for adequate compensation for your injuries. 

The common causes of workplace accidents in San Jose, CA include:

  1. Repetitive Motion Injuries: Consistent repetitive motion, particularly in tech-related jobs, can lead to serious workplace injuries over time, such as carpal tunnel syndrome.
  2. Slips and Falls: Hazards such as spills on smooth surfaces can lead to slips and falls, posing a risk in various workplace environments, including tech workplaces.
  3. Vision Impairment: Prolonged exposure to fluorescent lights or computer screens, among other factors, can contribute to workplace-related vision impairment, impacting employees’ ability to work and enjoy their social lives.
  4. Stress: Work-related stress can impair an individual’s ability to focus on their work, leading to distractions and potentially contributing to workplace injuries.
  5. Defective Equipment: Equipment and machinery used in various workplaces should be routinely inspected to ensure proper working condition to prevent potentially dangerous incidents.
  6. Hazardous Chemicals: Proper handling and training on hazardous chemicals in the workplace are essential to prevent accidents related to chemical exposure.
  7. Insufficient Training: Proper safety training, including the use of protective gear and equipment maintenance, is crucial to reduce the risk of workplace accidents.
  8. Lack of Protection: Employees should wear appropriate safety gear for their tasks, such as hard hats, gloves, goggles, and safety shoes, to protect themselves from potential accidents.

These factors contribute to workplace accidents in San Jose, emphasizing the importance of preventive measures and safety protocols to ensure the well-being of employees across various industries. A work-related accident can result in a wide range of injuries. The damages can be minor and temporary, severe, permanent, and life-altering. The San Jose workers compensation lawyer can help you prove that it was a work-related accident.

What Mistakes Could Compromise My Workers’ Compensation Claim in San Jose?

You have the right to pursue workers’ compensation benefits if you have been injured. Before you can file a claim, though, you must be able to prove that your injury occurred as a result of an accident at work. This means that the work injury must not have been caused by your negligence or by your employer’s negligence. 

If you are unsure about whether your injury is related to work or not, speak to an experienced San Jose, California, worker’s compensation lawyer who can help you get answers from the insurance company. Every work-related accident is different, so be sure to get the advice of a San Jose workers compensation lawyer who can determine where your injuries are coming from.

Can You Sue Your Employer While on Workers’ Compensation?

If you are currently receiving workers’ compensation benefits, it is crucial to know whether you can sue your employer for any damages. Certain limitations protect workers from filing a suit against their employer, and these limitations also apply to work comp cases. 

In California, an employee cannot sue their employer while on work comp. If the employee was injured at work and is now receiving benefits, they may not file a lawsuit against the company. If they file such a lawsuit, the state will take away their benefits. 

A workers compensation attorney in San Jose can help you understand your limitations. They can also help you file lawsuits against the company if they are found to be responsible. Also, any work injury that the employer does not cause will not be compensated by workers’ compensation.

Types of Workers’ Compensation Benefits Available

There are six main types of benefits an injured worker in San Jose may be entitled to under California workers’ compensation law. These include:

  1. Medical Care: Workers’ compensation benefits for medical care may include doctor’s visits, medical supplies, medicine, hospital visits, and even mileage to and from these appointments.
  2. Temporary Disability: If an injured worker is unable to return to work for more than 3 days or is hospitalized, he or she may be entitled to receive temporary disability benefits under workers’ comp law. This is a specific percentage of his or her pay.
  3. Permanent Disability: If a workplace injury causes a permanent impairment of some kind, the worker may be entitled to permanent disability benefits. The amount of benefits under this section will vary depending on the extent of permanent injury as well as whether this will affect the injured worker for life. In some cases, an injured worker may receive permanent disability benefits for the rest of his or her life.
  4. Vocational Rehabilitation: For San Jose workplace injuries sustained before January 1 st, 2004, vocational rehabilitation benefits may be available. These are benefits paid when a worker cannot return to his or her previous type of work, allowing for certain training or rehabilitation to help him or her re-enter the workforce.
  5. Supplemental Job Displacement: For work injuries sustained on or after January 1 st, 2004, supplemental job displacement benefits may be available to workers who are permanently disabled, do not return to work within 60 days after temporary disability ends, and whose employers do not offer modified/alternative work to the employee. Supplemental job displacement is a voucher for skill enhancement or education-related training to help the worker re-enter the workforce.
  6. Death Benefits: When a worker loses his or her life due to a work-related accident or injury, the worker’s dependants may be entitled to death benefits, which may cover burial expenses and support payments for a period of time.

The value of any San Jose workers’ compensation claim will vary depending on many different factors. Make sure your rights are properly represented and that you have the opportunity to receive the workers’ compensation benefits you deserve.

How to Report Workplace Injuries in San Jose, CA

When an accident occurs at the workplace, an employee will be covered by workers’ compensation insurance. Employers in California are required to provide workers’ compensation benefits to their employees, whether this is done through an insurance company or the employer is secure enough to self-insure in the event of workplace accidents. 

  • Immediately notify your supervisor or manager: Inform them of the accident as soon as possible, even if you’re unsure of the severity of the injury. This is crucial for initiating the reporting process and ensuring you receive timely medical attention if needed.
  • Seek medical attention: If you’re injured, seek medical attention right away. This is essential for your well-being and for documenting the extent of your injuries.
  • Complete employer’s reporting forms: Your employer will likely have specific forms to fill out to document the accident. Provide accurate and detailed information about the incident, including:

>>Date, time, and location of the accident

>>Description of what happened

>>Any witnesses

  • >>Nature of injuries or illnesses
  • Employer reports to Cal/OSHA (if applicable): For serious injuries, illnesses, or fatalities, employers in California are required to report the incident to the California Division of Occupational Safety and Health (Cal/OSHA) within 8 hours.
  • File a workers’ compensation claim (if applicable): If you’re unable to work due to your injuries, you may be eligible for workers’ compensation benefits. Your employer should provide you with information on how to file a claim.

It’s important to report all workplace accidents, even minor ones, to ensure proper documentation and potential prevention of future incidents. If you have any questions or concerns about the reporting process, don’t hesitate to contact your employer, Cal/OSHA, or a San Jose workers’ compensation attorney.

Although a San Jose employee will be covered in the event of a workplace accident, it is of the utmost importance that a worker involves an attorney to assist with his or her claim. With legal experience in this field, an attorney will be able to effectively protect an injured worker’s rights and interests in his or her claim.

How Are Workers’ Compensation Lawyers Paid?

Workers compensation law is a system of laws in California that protects employees from workplace injuries or deaths. Employers are mandated to pay employees who suffer work-related accidents. 

The employer must pay the employee’s medical bills, lost wages, and other related expenses. The employer must also pay a percentage of the employee’s compensation, up to a specific limit. This is called a “wage loss percentage.” 

The law allows the employer to pay this wage loss percentage if the employee’s negligence or misconduct did not cause the injury. Work comp lawyers are generally paid a percentage of the money they recover for the injured employee. This percentage varies from case to case. 

To obtain a work comp benefits, the employee must file a claim with the appropriate government agency. The agency may ask for some medical records and other pertinent information.

Is it Worth Getting a San Jose Workers’ Compensation Attorney?

A worker’s compensation attorney can help you with several things. They can help you file for workers’ compensation benefits, instruct a doctor about your condition, and provide you with legal advice on dealing with an insurance company or adjuster. 

If this is your first time filing a claim, you might be confused about what to do. Work comp attorneys can answer all your questions and explain the entire process. It is a good idea to get a San Jose workers compensation lawyer for your first claim, as you can ask them any questions you might have. You can also get advice on the process and what you should expect.

How Can a San Jose Workers’ Compensation Attorney Help?

If you have been injured on the job and are not eligible for workers’ compensation benefits, you may be able to get financial compensation through a lawsuit. A workers compensation attorney in San Jose can help you file a lawsuit against the negligent party and help you get the maximum amount of money possible. 

Work injury lawyers in San Jose know the ins and outs of workers’ compensation law and can help you get the compensation you deserve. Moreover, every work-related accident case is different. So, it is essential to hire the workers compensation attorney in San Jose who are the best lawyers you can find.

Can I Sue My Employer for Denying Workers’ Comp?

Yes, if you can show that your employer denies you workers’ compensation benefits. And it is not always difficult to do. If a worker has been injured and their employer does not pay for medical care and therapy or refuses to pay for lost wages, that employer may be liable for pain and suffering. Some employers are even in violation of the law by denying workers’ compensation benefits. 

In addition, these employers may be guilty of other workers’ compensation violations, such as not reporting the incident to the state or federal agency. If a worker has a work injury and their employer does not pay for medical care and therapy or refuses to pay for lost wages, that employer may be liable for pain and suffering. Some employers are even in violation of the law by denying workers’ compensation benefits.

Will Workers’ Comp Offer Me a Settlement?

Most employers will offer you a settlement if you can prove that your injuries were caused by a work-related accident. Your doctor or occupational therapist may be able to provide evidence that can help your case. If this is not possible, and an outdoor event caused the work injury, the employer will likely try to settle cases involving workers’ compensation injuries on their own. 

When the worker is unable to work, the employer must pay them a certain amount of money each month. A workers compensation attorney in San Jose can help you get the most out of your settlement, but you need to make sure that it is enough to cover your expenses. 

If you cannot work, you may have to pay your medical bills, living expenses, and even some insurance payments. Some injured workers are also entitled to receive monthly disability benefits. These payments can be quite substantial compared to what you could get as a lump sum settlement.

How Our San Jose Workers’ Compensation Attorney Can Help You

No matter what we do, workplace accidents will still happen. Fortunately, any injury that occurs at work or is related to one’s job qualifies an employee to receive workers’ compensation benefits. Those benefits may include medical benefits, permanent or temporary disability, vocational rehabilitation, and death benefits.

A San Jose work injury lawyer can help an injured worker by protecting his or her rights, taking legal action against employer retaliation after filing a claim, filing an appeal if a claim is denied, and negotiating with the employer or insurance company to get a fair settlement for the employee.

When you bring your case to a San Jose workers’ compensation attorney at our law firm, you pay no legal fees for our services and you pay nothing at all unless we win. Our fee is typically a percentage of the settlement or award.

We handle all aspects of workers’ compensation law and all types of legal cases associated with workers’ compensation claims:

  • Denials and appeals
  • Fraud and abuse
  • Employer retaliation
  • Accidents and injuries

Workers’ Comp Resources

If you are currently dealing with the aftermath of a workplace accident or any type of work-related injury, you may be left wondering what to do. Fortunately, there is an extensive amount of information regarding workers’ compensation claims and injured workers’ rights online. Reading through this information may be beneficial as you move forward in filing for workers’ compensation and consider whether to work with an attorney.

California Division of Workers’ Compensation (DWC)

Information for Injured Workers

Workers’ Compensation Appeals

Workers’ Compensation Claim Form

What is Workers’ Compensation?

How to File a Workers’ Comp Claim Form

Overview of Workers’ Compensation

U.S. Dept of Labor: Workplace Injury Statistics

City of San Jose, California

Map of San Jose

Hospital Search: San Jose

San Jose Community Profile