Attorney

San Bernardino Workers’ Compensation Lawyer

Whether you are a truck driver injured on the freeway or a warehouse worker who broke an arm while pulling boxes off a shelf, you must deal with physical injuries and financial costs if you cannot earn an income after a workplace injury. You might be worried about dipping into your savings to pay the bills or wondering how you can deal with a permanent disability.

It can be difficult to know what happens next. Fortunately, California requires almost all employers to carry insurance to cover these unfortunate but inevitable situations. If you are hurt on the job, a San Bernardino workers’ compensation lawyer from our distinguished law firm could answer all your questions and fight for the benefits to see you through.

Workers’ Compensation Eligibility

Even employees who work part-time are covered under California Labor Code § 3700, which requires employers to carry workers’ compensation insurance that pays benefits to employees, or prove that they can self-insure and pay for workers injured or sickened because of job-related conditions. Government agencies are among employers that self-insure.

Many workplace injuries are easy to identify, resulting from a one-time accident. However, employees are also eligible for benefits from injuries or illnesses that manifest themselves over time, such as carpal tunnel syndrome from repetitive motions, or mesothelioma from breathing asbestos particles.

Pre-existing conditions that worsened because of the job, such as heart disease in high stress situations like law enforcement, can also lead to benefits. Our San Bernardino attorney could explain available workers’ compensation benefits and initiate the filing process after a workplace illness or injury.

Available Benefits From Workers’ Comp

Negligence is not a factor one needs to prove to receive benefits. However, benefits will be denied if the employee purposely caused the injuries or was impaired on drugs or alcohol at the time of the mishap.

Benefits are considered rehabilitative and collecting them precludes employees from suing employees over the accident if the employer was negligent. Benefits can include:

  • Medical care, including transportation to appointments, testing, and medicines related to the accident or illness
  • Temporary disability payments for lost wages while recuperating
  • Permanent disability payments if approved by a physician
  • Job retraining
  • A supplement program that pays a lump sum
  • Death benefits to the decedent’s family

This benefits program can be difficult to navigate. Our workers’ compensation attorney in San Bernardino concentrates on securing benefits for clients and appealing those that are denied.

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When Benefits Are Denied

Administrators assigned to workers’ compensation claims will deny them if information is incomplete or they believe the injury or illness did not arise on the job. Another medical opinion can rectify a denial after the worker’s attorney files an Application for Adjudication of Claim at the Division of Workers’ Compensation office.

After also filing a Declaration of Readiness to Proceed, a judge presides over a settlement conference attended by the worker’s attorney and the administrator. If the parties’ differences are not ironed out, a trial is scheduled with a different judge, who renders an opinion within 90 days. Our San Bernardino attorneys are skilled negotiators and litigators whose one goal is to win clients the workers’ compensation benefits they deserve.

Learn How Our San Bernardino Workers’ Compensation Attorney Advocates for You

Workplace incidents happen all the time and sometimes they may put you out of a job for a while. Fortunately, California installed a safety net for almost all employees, even those who work part-time, to receive benefits related to their care and wages if they are off the job for a short time. Long-term disability benefits are also available to workers who cannot return to their old employment, and families can receive help if their loved one dies in a workplace accident.

There is a specific process for applying and the deadlines are firm. Denials are common, leading to appeals. Take the stress off yourself and let our San Bernardino workers’ compensation lawyers represent you while you take the time to get better. Call now.

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WE HANDLE A WIDE RANGE OF PERSONAL INJURY CASES, INCLUDING:

airline-and-airport-employees
AIRLINE & AIRPORT EMPLOYEES
auto-workers
AUTO WORKERS
brain-injuries
BRAIN INJURIES
business-professionals
BUSINESS PROFESSIONALS
fire-fighter-injuries
FIRE FIGHTER INJURIES
health-workers
HEALTH WORKERS
Hospital Workers
HOSPITAL WORKERS
industrial-workers
INDUSTRIAL WORKERS
neck-and-back-iInjuries
NECK AND BACK INJURIES
police-officer-injuries
POLICE OFFICER INJURIES
repetitive-stress-injury
REPETITIVE STRESS INJURY
restaurant-worker-injuries
RESTAURANT WORKER INJURIES
shoulder-and-elbow-injuries
SHOULDER AND ELBOW INJURIES
union-workers-injuries
UNION WORKERS INJURIES

MORE ON WORKERS' COMP

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.

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.

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 workers’ compensation attorneys are here to help. We can file an appeal on your behalf and continue pursuing the compensation you deserve.

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

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

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 workers’ compensation attorney as early in the process as possible.

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 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.

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.

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.

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 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.

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.

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.

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.

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.

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.

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.

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

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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.