If you or a loved one have been injured at work, we strongly recommend seeking the help of an experienced firm. Rather than risk your claim getting denied, our workers’ compensation team can assist you along the way and help you avoid being taken advantage of by the insurance company. We pride ourselves in taking the stress out of dealing with insurance companies, whose business goal is not your best interests, but to limit their own costs. Any failure to maintain a safe workplace in California, resulting in employee injury or death, is negligence on the part of the employer, company, or manager. The injured party or his/her surviving family members may bring a claim against the party responsible for the unsafe condition.
You may be eligible for job reinstatement and compensation for your losses. Retain an Anaheim worker’s compensation lawyer to defend your rights as a California worker. If a work-related injury or illness causes the death of an employee, workers’ compensation laws dictate that payment of workers’ compensation benefits may be made to family members who were financially dependent on the deceased work injury, work accident worker. If an injury victim fails to see a doctor after sustaining a work injury or discontinues follow up care recommended by a physician, this could give the insurance carrier or employer a reason to deny a claim. In the event your work injury was caused by a third-party , then you may be able to file a personal injury lawsuit in order to recover compensation for your losses.
Next, you will need to submit a claim for benefits, such as temporary disability or permanent disability. An individual’s right to workers’ compensation is clearly spelled out in specific laws of the state of California. Simply stated, an employer is expected to pay premiums to an insurance company and that company will cover any employee who gets hurt or killed during the course of his or her work or employment.
It’s All We DoWith 30 years of Combined Legal Experience, Alvandi Law Group has been standing up for California’s injured workers. Our experience enables us to speak the language of the decision makers in your case, so we can make a compelling argument on the level of benefits you deserve. We areRatto Law Firm, P.C.— serving injured workers throughout Northern Californiasince 1984. At the Odjaghian Law Group, you will not be required to pay a retainer or attorney fees upfront. In fact, you will not need to pay any attorney fees unless we achieve a settlement for you or win your case.
Because of the dangerous nature of construction work, when there is an accident, it can result in severe injuries. They can include back and neck injuries, vision or hearing damage, burns, crushed or amputated limbs or spinal cord injuries. There is heavy equipment moving around, and power tools such as nail guns, saws and drills. An employee may be working high off the ground on a project in the Columbia neighborhood of Downtown San Diego.
The attorneys at the law firm of Fraulob-Brown are experienced in worker’s compensation law. In fact, if you wait long enough your worker’s compensation claim may be denied altogether. As a result, you will forfeit any chance to obtain the money you need to pay for the expenses caused by your injuries.
Your employer will complete the section titled “Employer” and then will keep one copy, give you a dated copy and send a copy to the claims administrator. Complete the form as soon as possible to preserve your right to receive benefits as needed. Your right to benefits depends on the nature and facts of your claim.
In addition, the workers’ compensation carrier has an actual lien against any verdict or settlement arising from any right to recover damages that the employee has against any other party for the injury. If the employee receives any proceeds from a settlement or verdict and the employer’s lien is not satisfied, then the employer will get a credit against any future worker’s compensation benefits to be provided to the injured worker. The employer may also file a civil lawsuit against the employee for the full amount of the lien. Moreover, if settlement occurs without considering the compensation lien or without notifying the employer/carrier, then the injured worker may not be able to receive any future benefits. It may be considered malpractice for the personal injury attorney to settle the case if the worker’s compensation carrier or the employer does not expressly approve the settlement.
The Franco Muñoz Firm proudly provides its clients with a No Win, No Fee Promise that guarantees maximum legal compensation, without paying high legal fees in advance of securing the outcome of your case. If you are unable to work due to illness or injury, our Social Security Disability attorneys can make sure you collect the benefits you are entitled to. Being injured unexpectedly, whether at work or elsewhere, can be a life-changing event. Over the years, our firm has seen countless clients through difficult legal obstacles, and we are proud to say that our representation has made a lasting difference in every case.
Discovery into these critical facts establishes the standard of care to be applied against the employer and also possibly against the third party defendant. The employer’s insurance carrier may request to take the deposition of the injured worker. A deposition is when the insurance company’s attorney will ask the injured worker questions under oath while a court reporter records the injured worker’s responses. If a deposition has been noticed, the injured worker’s attorney will be paid an hourly fee for attending the injured worker’s deposition.
In California, if you were injured or became ill due to conditions at work, you need to file a claim for workers’ compensation benefits. If you fail to file a claim it is likely that you will incur medical costs and have lost wages if you are out on disability. Workers’ Compensation Insurance in California is designed for just such a situation.
If your injuries happened over a period of time and it’s happened over a number of years, and you continue to get injured, that time is extended over time. The general rule is that you have one year from the date of injury to file the claim. If you have any questions that my office can provide to you regarding any type of claim in Workers’ Comp, please feel free to give us a call. A question that we get a lot now is whether or not injuries that occur at home while working for your employer are covered under California Workers’ Compensation. Even if you’re working from home, your claim is going to be covered if your injury was related to work. If you’ve been injured at work, whether that injury happened physically at the location or away from your work location, including your home, it’s important that you find an attorney that can assist you with that claim.
Arguments could arise regarding how severe your injury is, whether you need to miss work, or a variety of other things. To help deal with disputes, you need to file an Application for Adjudication of Claim form. In most cases, you must file the form within a year of the date of the injury, the last day your employer provided medical benefits, or the day when temporary disability benefits ended. An attorney who specializes in workers’ compensation and employment law can be a terrific asset for any injured employee experiencing issues with a workers’ compensation claim. The right attorney can not only make the filing process much easier, but he or she can also handle communications with the insurer and help the employee resolve any issues that come into play later.