Be it A Fresh Injury Trial or An Appeal – Book Free Consultation With San Jose Workers Compensation Lawyers
1. 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.
2. What Mistakes Could Compromise My Workers’ Compensation Claim?
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.
3. 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.
4. What You Need to Know About Workers’ Compensation in San Jose California
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. 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.
5. 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 accident. 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.
6. Is it Worth Getting a 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.
7. 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.
8. 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.
9. 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.
Workers’ compensation law is rapidly changing, with new regulations and guidelines constantly being released by government agencies, courts, and insurance companies. San Jose workers compensation lawyer can help injured workers who need advice. If you or a loved one has a work injury, a workers compensation attorney in San Jose can help guide you through the complicated legal process while also fighting for your rights as an innocent victim. The San Jose workers compensation lawyer can research potential witnesses, negotiate with insurance companies, and represent you when you are officially charged with a crime related to your injury. To learn more about workers’ compensation, and free consultation, call Pacific Attorney Group. Our workers compensation attorney in San Jose will provide you with a free case evaluation to help you obtain the most out of your settlement.
San Jose Workers’ Compensation Attorneys
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 personal injury attorney 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 in order 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
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:
Workers’ compensation benefits for medical care may include doctor’s visits, medical supplies, medicine, hospital visits, and even mileage to and from these appointments.
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.
In the event that 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.
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.
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.
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 a number of different factors. Make sure your rights are properly represented and that you have the opportunity to receive the workers’ compensation benefits you deserve.
Workers’ Compensation Settlements
Compromise and Release vs. Stipulated Finding and Award
The desired outcome of any San Jose workers’ compensation claim will be to secure a settlement that includes sufficient benefits for an injured worker’s medical care, temporary or permanent disability, job rehabilitation or retraining, and possibly more. A workers’ compensation lawyer at our law firm can meet with you to talk about your workplace injury and what affects this has had in order to determine the true value of your claim and therefore what amount of settlement you may be entitled to receive.
There are two main types of settlements involved in workers’ compensation claims: compromise and release, and stipulated finding and award. In a compromise and release, the injured worker receives a lump sum settlement and releases any future claim to benefits. This is most often used in cases where a worker is no longer employed at the company where the injury occurred. With a stipulated finding and award, both parties (employer and injured worker) will agree upon a settlement and specific terms to the workers’ compensation claim, which will have the same legally binding effect as a judge’s decision.
Secure the Settlement You Deserve – San Jose Workers’ Comp Attorney
The settlement you receive following a San Jose workers’ compensation case may have a significant impact on your ability to recover not just physically but financially as well. If you would like to take the necessary precautions to ensure you and your family’s future is well-protected in the wake a workplace accident or injury in the San Jose area, do not wait to contact a workers’ comp attorney at our law offices. We have the legal experience and the resources to help you reach toward a fair settlement that will help you move on with your life.
Your Rights as an Injured Worker
In California, workplace accidents and injuries are covered under workers’ compensation on a no-fault basis, meaning the injured worker does not have to prove that someone else caused the accident or was at fault. This is one of the most important rights of injured workers. A worker who has been injured at work has the right to receive medical care and workers’ compensation benefits regardless of who was at fault in causing his or her injuries. Workers’ compensation claims may arise from a single incident, such as a workplace accident, or from prolonged exposure or a repeated motion or activity related to your job duties.
All San Jose, California employers (with only a few exceptions) are required to provide workers’ compensation benefits to injured employees. These claims are most often paid by the employers’ insurance companies but may be paid directly by employers that are secure enough to be self-insured. Under the state’s workers’ compensation laws, injured workers have the right to different types of benefits depending on the extent of injury and whether temporary or permanent disability results.
The most common grounds for workers’ compensation claims in San Jose and throughout California are workplace accidents. These may range in severity from a simple slip and fall accident all the way to a catastrophic or deadly accident involving heavy machinery or industrial equipment. At Pacific Attorney Group, we handle all types of workplace accident claims throughout San Jose and the surrounding areas in Southern California, assisting injured workers in filing workers’ compensation claims following their accidents.
Accidents & Workers’ Compensation
Workers’ compensation law is different than other types of injury law in that it is a no-fault program. The injured worker does not need to prove that his or her injuries occurred as the result of another person’s negligence or wrongful conduct. The worker need only prove that the accident occurred at work or during the performance of his or her duties. For example, an employee whose desk collapses while he or she is working may be entitled to workers’ compensation benefits for any injuries he or she sustains, which may be severe if the desk is heavy. A construction worker who was injured while operating a crane on a construction site may have grounds for a claim. A postal worker driving along his or her route and delivering mail, who is involved in an auto accident, may also be entitled to workers’ comp benefits.
Accidents and Injuries at the Workplace
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. 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.
Workplace Exposure Lawyers
About Workplace Exposure and Workers’ Comp
Almost any worker may be at risk of exposure to dangerous substances or situations while at work. Although workplace exposure is most often associated with at-risk industries such as manufacturing, construction, or mining, virtually any work environment may place an employee or many employees at risk of injury due to exposure. Workers at an industrial plant, for example, may be constantly exposed to the loud noises that the machines make while building whatever product the plant creates. Construction workers may be exposed to asbestos in working on older buildings. Workers in manufacturing may be exposed to dangerous chemicals or toxic substances on a day-to-day basis. Even workers in an office building may be at risk to exposure to mold or other naturally-occurring substances. Exposure to certain substances, light, heat, radiation, and loud noises may all cause serious injuries resulting in hearing loss, brain damage, loss of eyesight, or even deadly disease such as mesothelioma or other cancers.
Injury from Workplace Exposure in San Jose – What To Do
How a Professional Can Help with Your San Jose Workers’ Compensation Claim
You were injured at work. What can you do now? Should you involve a lawyer? You most likely have many questions about workplace injuries and filing a workers’ compensation claim in order to seek benefits. Although you are not required to hire legal counsel to assist you in filing for workers’ compensation, it is highly advised that you consider involving a lawyer – particularly if you have a claim involving a more serious injury that may result in an extended term of disability, extensive medical bills or missed work. In fact, even if your injuries were relatively “minor” a San Jose workers’ comp lawyer can work to ensure your claim receives the attention it deserves.
A lawyer can actively assert your rights in regard to your San Jose workers’ compensation claim, working to help ensure you are not taken advantage of by your employer or your employer’s insurance company. This is particularly helpful in the face of unethical practices such as unfairly denied claims or employer retaliation, such as wrongful termination or demotion.
San Jose, California is our base of operations. We are experienced lawyers who desire to help you in your journey to receive appropriate compensation for your injury. We understand that it is common to be injured when working in modern industrial environments, and we hope to assist in ways that will leave you happy.
Advantages of Workers’ Compensation
What are the specific benefits of workers’ compensation? This social insurance program essentially offers all employees throughout San Jose and the rest of California the opportunity to recover financial benefits in the wake of any work-related injury on a “no-fault” basis, meaning they do not have to prove that someone else caused their injuries in order to receive the help they need. Workers’ compensation offers injured workers the opportunity to recover different types of benefits depending on the extent of injury sustained: medical benefits, disability benefits, or job rehabilitation benefits. The family of a worker who loses his or her life in a work-related accident may also be protected under workers’ compensation by possibly being eligible to receive death benefits.
In addition to financial compensation for work-related injuries, an injured worker also will receive the benefit of employer responsibility for providing swift, effective medical treatment immediately following the injury. In fact, the employer is liable for up to $10,000 in medical care before the workers’ compensation claim is denied or approved. This is yet another advantage of workers’ compensation in San Jose, California.
Would you like to take advantage of your rights as an injured worker and the benefits that workers’ compensation has to offer? A San Jose workers’ compensation attorney at our law firm can help. Our team has over 35 years of combined attorney experience to apply to your case, to protect your interests and assist you in recovering the many benefits of workers’ compensation in California. Best of all, your initial consultation is free and you pay no legal fees unless we recover a settlement on your behalf.
Workers’ Compensation Law
In California, employers are required by law to carry workers’ compensation insurance, unless they are particularly qualified as an exception to the rule. Generally speaking, however, any employer is required to provide workers’ compensation benefits to injured employees on a no-fault basis. Although workers’ compensation benefits are overseen by the California Division of Workers’ Compensation, payments are made by private entities, either insurance companies specially authorized to handle workers’ compensation claims or by certain employers that are secure enough to insure their own workers’ compensation benefits. The government acts to oversee workers’ compensation payments and to resolve any disputes that may arise regarding these.
Workers’ compensation law offers injured workers the right to recover benefits for medical expenses and lost wages associated with their on-the-job injuries. If you would like to learn more about how California workers’ compensation laws may affect you in the wake of a workplace accident or injury, a San Jose workers’ compensation attorney at our offices can answer your questions and offer you information during a free initial consultation.
Employers have particular rights under California workers’ compensation law, just as their employees. An employer has the right to investigate a workers’ compensation claim to determine its validity and is protected against legal action from an injured employee for his or her workplace injury. The employer may have up to 90 days to investigate a claim. During this time, the employer may request a statement from the employee regarding the incident and may also request medical records or physician reports.
Benefits of Workers’ Comp:
There are numerous advantages that can be experienced by an injured worker under our state’s workers’ compensation laws. A primary benefit is the fact that the injured worker does not need to prove that another party was liable for his or her injuries in order to seek compensation. Additionally, the injured worker may be entitled to money for medical expenses as well as for missed work if disabled. Read more about the benefits of workers’ comp…
Employer retaliation occurs when an employer effectively penalizes an employee for exercising his or her right to seek workers’ compensation benefits. Wrongful termination, demotion or an unwarranted refusal to accept an employee back to work after he or she has recovered may constitute employer retaliation. This practice is illegal, and a worker who has been at the receiving end may be able to sue the employer for damages. Read more about employer retaliation…
At times, an employer may actually retaliate against an employee for seeking workers’ compensation benefits. An employee may become injured in a workplace accident or as the result of his or her duties at work and may then file a workers’ compensation claim in order to seek the benefits he or she rightfully deserves. Upon hearing a report of an injury, receiving a workers’ compensation claim form or undergoing a dispute regarding a workers’ comp claim, an employer may take action against the employee – in essence penalizing him or her for filing for workers’ compensation.
Wrongful Termination, Demotion or Refusal to Rehire after a San Jose Workers’ Comp Claim
One common type of employer retaliation for workers’ compensation claims is wrongful termination. The employer may terminate the worker’s employment or may refuse to bring back an employee after he or she has healed. Demotion, failure to rightfully promote or interference with the claims process may be additional forms of employer retaliation.
Have you been the victim of some type of employer retaliation in relation to your San Jose workers’ compensation claim? An attorney at our law firm may be able to help you take legal action against your employer. This practice is wrong, and with our experience in workers’ compensation and dedication to protecting the rights of injured workers, we can work to help you not only secure the workers’ comp benefits you deserve but also potentially take further legal action.
Retaliation & Workers’ Compensation – What You Can Do
In the presence of employer retaliation, an injured worker may be able to seek financial damages from his or her employer – in addition to seeking workers’ comp benefits. If your employer’s actions caused you financial difficulty or emotional trauma, you may be entitled to monetary damages.
Lawyer for Workers’ Comp Appeals in San Jose, California
If you were injured at work and filed a workers’ compensation claim that was subsequently denied, you may have the right to file an appeal with the California Workers’ Compensation Appeals Board (WCAB). According to the Division of Workers’ Compensation website, the Workers’ Compensation Appeals Board “exercises all judicial powers vested by the Labor Code in a reasonable and sound manner and provides guidance and leadership to the workers’ compensation community through case opinions and regulations.”
An injured worker whose workers’ compensation claim was denied may file a Petition for Reconsideration with the Appeals Board, which will review the decision made by the administrative law judge who originally denied the claim or approved the denial. The Board is comprised of 7 members that are appointed by the Governor and confirmed by the Senate. The Workers’ Compensation Appeals Board will review the original decision in order to determine whether it should be held valid as denied or if the decision should be overturned.
Work with a Workers’ Compensation Appeal Attorney
Pacific Attorney Group represents injured workers throughout San Jose. We take on cases that involve filing initial workers’ compensation claims as well as filing appeals on behalf of clients whose claims have been denied. In addition to filing an appeal with the Workers’ Compensation Appeals Board, in the event of another unsatisfactory decision we can file an appeal with the Court of Appeal in your district.
Working with a San Jose workers’ compensation lawyer is important if your claim was denied and you need to file an appeal. A lawyer can ensure your appeal is filed properly and that your interests are represented in such a manner as to offer you the best opportunity at an approved claim.
Workers’ Compensation Denials
Workers’ Compensation Attorney for Denied Claims
Not all workers’ compensation claims are approved. Any claim will be subject to review after it is filed to help ensure it is valid. Properly conducted, this review and investigation can help prevent workers’ compensation fraud while making certain legitimate claims are properly valued and addressed. Unfortunately, valid claims may be denied as well.
Why are Workers’ Comp Claims Denied?
A workers’ compensation claim may be denied if it cannot be established that the injury was work-related. In order to qualify for workers’ compensation, the injury that a worker sustained had to have occurred at work or in relation to his or her job duties. For example, slipping and falling on company property may be grounds for a workers’ comp accident claim for an employee. Becoming ill due to continued exposure to toxins or any dangerous substances at the workplace may be grounds for a workers’ comp exposure claim. Any injury stemming from the performance of one’s job or that occurs at work may qualify. If, while investigating a workers’ compensation claim, the employer or insurance company cannot establish that the injury was related to work, this may be grounds for the claim to be denied.
Additional reasons for possible denials or the loss of workers’ compensation rights may include waiting too long to file a claim or committing fraud in filing a claim.
State Employee Workers’ Compensation
Just as other California employees, government workers are entitled to workers’ compensation benefits for on-the-job injuries. If you are a state employee who was injured at work, or if you were diagnosed with a medical condition or injury related to the duties of your job, you may be able to receive a number of different benefits to help you rebuild your life and move on.
Our law firm represents government and state employees throughout San Jose and the surrounding areas in Southern California in workers’ compensation claims. Some of the types of cases we can handle involve workers from the DMV (Department of Motor Vehicles), CHP (California Highway Patrol), State Personnel Board, Department of Food and Agriculture, Department of Consumer Affairs, Franchise Tax Board, Department of Developmental Services, and much more. If you work for the government or the State of California in any way and are injured in relation to your job, an attorney at our law firm can talk to you about your options in filing a workers’ compensation claim.
As a government employee, your rights as an injured worker may be slightly different than those of an employee in the private sector. As such, if you have any questions or concerns about your particular claim, we will be happy to address these in a timely manner in order to assist you in making the right choice about filing for workers’ compensation and seeking the benefits you deserve.
San Jose Workers’ Compensation Fraud
What is Workers’ Compensation Fraud?
Fraud may be related to San Jose workers’ compensation claims in a number of different ways, perpetrated by the employee, employer or health care provider. Workers’ compensation fraud is actually a serious criminal offense that may result in imprisonment and other penalties if the offender is convicted. If a worker is found to be committing workers’ compensation fraud, he or she may lose the right to recover any workers’ comp benefits – even those that he or she may have rightfully collected had fraud not occurred. The injured worker may also be required to pay back the insurance company or doctors for medical care received in conjunction with workers’ compensation fraud.
How is Fraud Committed?
Workers’ compensation fraud may be committed when:
- A worker claims that an injury is related to work when it is not
- A worker exaggerates his or her symptoms to receive additional benefits
- A worker files a claim for an injury that did not occur at all
- A worker over-reports mileage for medical visits
- A worker who is receiving disability benefits takes on another job and does not report this income
- An employer under-reports payroll in order to keep workers’ compensation premiums lower
- A health care provider overbills or bills for services that were not actually rendered
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.
Workers’ Compensation Claims
At Pacific Attorney Group, we provide many invaluable services to our clients in the wake of workplace accidents or work-related injuries or illnesses. Our attorney services enable our clients to have the opportunity to receive the workers’ compensation benefits to which they are rightfully entitled under California law. When we take on a new workers compensation case, we always take care to talk to the client about his or her particular needs, wants, and concerns. In doing so, we work to address the specific issues the client is concerned with. Following are some of the specific attorney services we provide in relation to San Jose workers’ compensation claims:
* Assist you in getting access to the medical care you need.
* File your workers’ compensation claim swiftly and properly.
* Ensure all paperwork and information is in order regarding the extent of your injuries and any work that you have missed or will miss in the future.
* Ensure evidence is in place that proves your injury was work-related.
* Conducting communication with your employer regarding any issue or dispute that may arise in relation to your claim.
* Negotiating for a fair settlement on your behalf.
* Taking your case to court if necessary, in the event of employer retaliation or other wrongful conduct in relation to your workers’ compensation claim.
* Filing an appeal with the Workers’ Compensation Appeals Board in order to give you another opportunity at receiving benefits, if your claim is denied.