Mistakes To Avoid When Making a Bakersfield Workers’ Compensation Claim

$10,000,000

Wrongful Termination

$6,700,000

Jury Verdict in Los Angeles County Superior Court for a $15/hr employee fired only because she was a pregnant Mexican woman who needed a handful of days off to give birth to her baby. Click here to learn more about this case.

$5,000,000

Construction Accident

$4,700,000

Hospital Employee Fired

$4,000,000

$4,000,000 Arbitration win for a sales associate at a major retail chain for workplace sexual assault. Click here to learn more about this case.

$3,400,000

Healthcare System

$3,320,000

Wrongful Termination

$3,451,220

Wrongful Termination

$3,000,000

Premises Liability Accident

$2,800,000

Class Action

$2,500,000

Traumatic Brain Injury

$1,500,000

Wrongful Termination

$1,500,000

Trip & Fall Accident

$1,475,000

Wrongful Termination

$1,403,697

Wrongful Termination

$1,325,000

$10.50 per hour fast food worker sexually harassed by manager who quit when nothing was done to stop it.

$1,250,000

$12.50/hr. temp. staffing agency worker fired after becoming pregnant.

$1,225,000

$1.225 million verdict for a rear-end car crash with $100 in property damage.

$1,100,000

$1.1 million for wrongful termination because of sick son.

$1,010,000

$1.01 million for a disabled worker who was wrongfully terminated by his employer.

$1,000,000

Settlement for a woman who required a neck surgery because of an injury on a property.

$1,000,000

5 year employee out on medical leave for about 2 years loses his job when he attempts to return to work from medical leave.

$1,000,000

$1 million settlement for Uber/Lyft/rideshare car crash.

$1,000,000

$1 million settlement for motorcycle crash victim suffering from a brain injury.

$934,000

For Wrongful Termination While on Medical Leave

$930,000

Settlement for Disability-Related Wrongful Termination

$850,000

Class action settlement for fast food employees deprived of full wages earned.

$825,000

Settlement for Pregnancy & Disability-Related Wrongful Termination

$775,000

For Employee Fired While on a Pregnancy-Related Leave of Absence

$765,000

5 month employee earning $12/hr fired for missing time for work related to a disability.

$750,000

Verdict for Premises Liability

$700,000

For Car Accident With a $45k Best Offer

$500,000

Settlement for Disability Related Wrongful Termination

$443,000

For Wrongful Termination Related to Medical Leave of Absence

$375,000

For Employee Not Allowed to Return to Work After Brief Medical Leave

$315,000

To Restaurant Employees for Off the Clock Work

$300,000

For Employee Fired for Having Permanent Disability

$300,000

For Missed Lunch Breaks and Termination Based on Eye Condition (Disability)

$300,000

For Permanently Disabled Employee

$285,000

For Sexual Harassment

$280,000

Settlement for Slip and Fall

$275,000

For Employee Not Permitted to Return to Work While Disabled

$250,000

Settlement for Injury at Apartment Complex

$210,000

For Employee Fired After Presenting Her Doctor’s Report Upon Returning From Medical Leave

$175,000

For Wrongful Termination of Disabled Worker

$160,000

To Restaurant Employees for Rest and Meal Break Violations

$160,000

For Employee on Pregnancy Leave

$150,000

For Landscaper Fired for Taking Time-off for Surgery

$150,000

For Employee Fired After Requesting Time Off to Nurse an Injury

$150,000

For Factory Worker Replaced While on Year Long Medical Leave of Absence

$135,000

For Employee Fired for Taking Pregnancy Leave

$135,000

For Wage & Hour Disputes

$135,000

For Employee Fired While on Extended Medical Leave

$125,000

Employee Not Allowed to Work With Disability

$120,000

For Overtime, Rest and Lunch Break Violations Against Client Who Worked as Dishwasher.

$105,000

For 59 Year Old Cook Fired for Age

$105,000

For Employee on Work Restrictions Fired for Having an Expired Work Permit

$100,000

For Parking Attendant Fired for Missing Work Because of His Diabetes

$100,000

For Employee Fired for Performance Issues While on Medical Leave

Mistakes To Avoid When Making a Bakersfield Workers' Compensation Claim

If you suffered injuries at work, you may feel uncertain about what to do next. Medical bills, missed paychecks, and pressure from your employer could create stress while you are trying to recover and manage your finances. Understanding the mistakes to avoid when making a Bakersfield workers’ compensation claim could help you protect both your health and your financial future. A workers’ compensation attorney from our firm could guide you through the legal process and help you avoid mistakes that could weaken your claim from the start.

We understand that the workers’ compensation system can feel complex. While the law provides benefits to most injured employees, even small errors can delay payments or reduce the support you receive. We work closely with you to protect your rights and help your claim comply with state law at every stage.

Failing To Report an Injury Promptly

If you are filing a workers’ compensation claim in Bakersfield, you could avoid serious mistakes by reporting your injury to your employer promptly. It is important to provide written notice and keep a copy for your records. Even if your injury seems minor, symptoms may worsen over time.

Prompt documentation creates a clear timeline and reduces the risk that your employer or the insurance carrier will dispute that the injury occurred while you were working. Under California Labor Code § 5400, injured workers must notify their employer within 30 days of the injury. Failing to meet this deadline can jeopardize your right to benefits.

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WE HANDLE A WIDE RANGE OF WORKERS' COMPENSATION CASES, INCLUDING:

Airline & Airport Employees

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Auto Workers

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Brain Injuries

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Business Professionals

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Fire Fighter Injuries

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Health Workers

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Hospital Workers

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Industrial Workers

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Neck And Back Injuries

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Police Officer Injuries

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Repetitive Stress Injury

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Restaurant Worker Injuries

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Shoulder And Elbow Injuries

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Union Workers Injuries

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Why Is Medical Treatment Documentation So Important?

Medical evidence forms the foundation of your case. If you do not seek treatment quickly or fail to follow medical advice, the insurance company may argue that your work duties did not cause your condition. CA Labor Code § 4600 requires employers to provide medical treatment reasonably necessary to cure or relieve the effects of a workplace injury.

As an injured worker in Bakersfield, you could protect your workers’ compensation case by avoiding common claim-filing mistakes during the documentation process. It is critical to follow treatment plans carefully and communicate openly with your doctor about pain levels, limitations, and changes in your condition.

Common documentation issues include:

Missing scheduled appointments
Failing to describe all symptoms to your physician
Returning to work against medical advice
Posting about your injury on social media

Each of these problems could lead the insurance company to question the seriousness of your injury. We could help you stay organized, ensure your records are consistent, and present medical evidence that accurately reflects the full impact of your condition.

Accepting a Claim Decision Without Review

Another serious issue arises when injured workers assume that the insurance company’s first decision is final. In reality, denials and low benefit calculations are not uncommon.

Knowing your rights when filing a Bakersfield workers’ compensation claim could help you avoid mistakes that affect your benefits. You have the right to challenge an unfavorable outcome. The workers’ compensation appeals board provides a formal process for disputing denials, but strict deadlines and procedural rules apply.

Accepting a denial or undervalued settlement without legal guidance may leave you without adequate coverage. We could carefully review claim decisions, explain your options, and pursue appeals when appropriate so that you are not left handling the process without support.

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FREQUENTLY ASKED QUESTIONS

What is Workers’ Compensation?

Workers’ compensation is a social insurance program that provides benefits to employees who suffer from a job-related injury. It is designed to ensure the employee receives prompt medical treatment and compensation for lost wages, regardless of who is at fault. The program was adopted in California and most other states during the early 20th century, and replaces the right of employees to sue employers over work-related injuries in exchange for benefits.

What happens if someone gets hurt and their employer doesn’t have sufficient coverage?

If an employee incurs a work-related injury or illness and the employer does not have valid workers’ compensation insurance, workers’ compensation may not be available as a remedy. However, the employee can still file a civil action against their employer in addition to filing a workers’ compensation claim. Employees should reach out to their local DWC office to discuss their options further. The employee can also work with a workers’ compensation attorneto help them pursue compensation.

Appeals for Workers’ Comp Denials in Los Angeles County

The last thing you want to deal with after being hurt on the job is fighting with the insurance company just to get your wages paid or to see that your medical bills are taken care of. Has your workers’ comp claim been denied or delayed? Do you suspect some type of insurance bad faith? Our Los Angeles workers’ compensation attorneys are here to help. We can file an appeal on your behalf and continue pursuing the compensation you deserve.

Featured Workers’ Comp Practice Areas

Amputation injuries
Back/neck injuries
Brain injuries
Carpal tunnel syndrome
Head injuries
Knee injuries
Mental/psychological injuries
Occupational disease
Shoulder injuries
Repetitive stress injury

Workers’ compensation claims can be difficult to navigate, especially after you have been injured. Our Los Angeles workers’ compensation attorneys are here to guide you every step of the way and ensure you have the best chance of success.

Hiring a Los Angeles Workers’ Compensation Attorney

Many workers’ compensation claims are complicated. The best way to ensure that you obtain your full benefits after an on-the-job injury is by consulting with a Los Angeles workers’ compensation attorney. Without the help of an attorney, you may not receive the compensation you are entitled to for your medical care, disability payments, and more. An experienced attorney can help you understand your rights and responsibilities regarding your workers’ compensation claim. They can also assist you with an appeal if your claim is denied. Workers’ compensation claims require adherence to tight deadlines, failure to report an injury in a timely manner can result in your claim being rejected. It is generally in your best interest to consult with a Los Angeles workers’ compensation attorney as early in the process as possible.

Workers’ Compensation Benefits and What They Cover

Individuals in California who are injured on the job or have a work-related illness may be entitled to several benefits through their company’s policy. Most employers in the state are required to either purchase a workers’ compensation policy from a licensed insurer or become self-insured. If you are injured at work, your employer’s workers’ compensation benefits may include payment for:

Medical care
Temporary disability benefits
Permanent disability benefits
Supplemental job displacement benefits
Death benefits

It is important to discuss your case with a Los Angeles workers’ compensation attorney as soon as possible after your injury. An attorney can help you understand how to file a claim through your employer’s policy and ensure that you receive the maximum compensation available based on your case.

Workers’ Compensation and Wrongful Termination

An employer cannot fire you for filing a workers’ compensation claim. It is unlawful for an employer to retaliate against an employee who has been injured on the job and is seeking workers’ compensation benefits. In addition, an employer cannot deduct a portion of your paycheck in order to help offset the cost of workers’ compensation benefits. If you filed a workers’ compensation claim and were subsequently fired from your position, you might be entitled to file a wrongful termination lawsuit. There are strict state and federal laws that protect workers from wrongful dismissal. Our attorneys can help you file the appropriate claim against your employer if you were wrongfully terminated.

Workers’ Compensation and Permanent Disability

Depending on the severity of the injury, you may be unable to return to your previous job duties. If you have long-term medical problems related to your on-the-job injury, you might be entitled to permanent disability benefits. Permanent disability benefits are designed to compensate those whose injury results in a reduced earning capacity. You might still be able to collect permanent disability benefits even if you are able to return to work. In order to qualify for permanent disability benefits, a doctor must first find that your condition is not likely to change or improve. The doctor may state that your injury has reached its maximum medical improvement or has become permanent and stationary.

What to Do if You Are Injured on the Job in Los Angeles

If you have a work-related injury, you need to act quickly to protect your right to compensation. First, report the injury to your employer. In some cases, your injury may be caused by repeated exposure as opposed to a single accident. It is critical to report the injury immediately upon discovery, even if it occurs over time. Second, you need to seek emergency medical treatment. Any delay in treatment may directly affect your ability to receive full workers’ compensation benefits. Seek and continue treatment. Do not miss doctor’s appointments and follow through with any referrals to specialists or other recommendations. Finally, contact a Los Angeles workers’ compensation attorney. An attorney can help you file a claim for benefits and ensure that you receive fair and full compensation for your losses.

Losing a Loved One to a Job-related Injury

In the unimaginable event that you have lost a loved one due to a job-related injury or illness, you might be entitled to workers’ compensation death benefits. Generally, spouses, children, and other dependents are entitled to death benefits. A Los Angeles workers’ compensation attorney can help you understand your rights and whether you qualify for death benefits. We know that no amount of money could ever fully compensate you for the loss of your loved one, but these benefits may help to relieve unexpected costs such as burial expenses.

How Does Workers’ Compensation in California Work?

By law, most employers in California are expected to have workers’ compensation coverage for their employees to compensate them if they are injured on the job. Your employer is required to pay a specific amount to you; however, if a third party was involved—such as a manufacturer or someone not employed by your employer—then you may be entitled to secondary compensation.

What Costs Are Covered by Workers’ Comp?

In California, workers’ compensation covers all of your authorized injury-related expenses, including (but not limited to) medical costs, rehabilitation costs, therapy, and any job-related retraining you may need to get back to work. You may also be eligible for temporary total or temporary partial disability benefits if your injury has put you out of commission for a time. Should your injury pose permanent limitations on your ability to do your job or eliminate your ability to work at all, you may be able to receive permanent disability benefits.

How Do I File a Workers’ Comp Claim in California?

Talk to your employer about your injury or developed illness right away. Ideally, do this as soon as you are injured or become aware of your illness so that your employer has the option to send you to a physician in their medical provider network. Seek medical attention and keep record of any diagnoses, x-rays, doctor’s notes, prescribed treatments, etc. If your injury requires you to receive immediate medical attention, do so before talking to your employer, but do not wait more than 30 days to report your injury. Make your workers’ comp claim official by filing an Application for Adjudication of Claim no more than 1 year after your injury. This is one of several forms you will need to file in order to recover costs associated with your injury or illness.

What Happens if a California Employer Doesn’t Have Workers’ Compensation Insurance?

Every employer in the state of California is required to hold a workers’ compensation insurance policy with a licensed insurer and provide related benefits to their employees when the need arises. Even small companies with only a few employees must provide workers’ compensation for their employees and have sufficient insurance.

What resources are available if my employer is uninsured?

If your employer is not properly insured and cannot cover your injury-related costs, the state of California has what is known as the Uninsured Employer’s Benefit Trust Fund (UEBTF), which serves as a fallback and provides the funds for hurt workers.

Are There Workers’ Compensation Lawyers Near Me?

LNN is located in downtown Los Angeles. We can take all workers’ compensation cases based in California.

Contact a Bakersfield Workers' Compensation Attorney To Help You Avoid Mistakes When Filing a Claim

Understanding the mistakes to avoid when making a Bakersfield workers’ compensation claim gives you the knowledge to make informed decisions at every stage of the legal process. Careful reporting, consistent medical treatment, and informed decision-making could significantly affect the outcome of your case.

At our firm, we provide practical guidance through every stage of the workers’ compensation process. If you have suffered injuries at work, contact us today to discuss your rights and learn how we could help you pursue the benefits you deserve.

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If your claim has been denied or your attorney has decided to give up, reach out to our firm for a second opinion.