$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
Attorney

Ventura Workers’ Compensation Lawyer

You may think a workplace accident will not happen to you because you do not work in a dangerous profession, such as construction or law enforcement. Injuries and illnesses on the job are commonplace in many professions. You could be hurt in a vehicular accident delivering an order for your boss, develop hearing loss as a music producer, or hurt your back unloading pallets of food at the grocery store.

Fortunately, California employees are required to offer benefits if you are hurt or become ill on the job. These benefits are a lifeline when you are unable to work and collect your paycheck, and you also amass medical bills. Because the program is government-related, there are protocols to follow and deadlines to meet. A Ventura workers’ compensation lawyer ensures your application is prepared correctly. Our attorneys are ready to help you navigate this system.

State Workers’ Compensation Laws

All employers must provide workers’ compensation benefits to full and part-time workers, although they are permitted to self-insure under California Labor Code Section 3700. Unlike a personal injury claim, blame is not assigned in workers’ compensation claims, although injured workers cannot purposely harm themselves or be compromised by illicit drugs or alcohol.

While most injuries are sudden, such as construction falls, explosions, and vehicular crashes, job-related illnesses are also covered, including those that are pre-existing but worsen because of the job. Proving a condition worsened because of a job is difficult and requires persuasive medical evidence to avoid a denial. A lawyer in Ventura could help a person determine if an accident or illness would qualify for a workers’ compensation claim.

Employers Cannot Retaliate or Discriminate

Many employees fear their bosses will retaliate against them if they file a workers’ compensation claim because the premiums the employer pays may rise. Retaliation if an employee files a claim or misses work because they are injured is illegal.

However, workers who receive termination papers for actions unrelated to a job injury may not be able to file for workers’ compensation benefits after the notice. A Ventura attorney familiar with the workers’ comp program should become involved to ensure claims are handled correctly.

When a Claim is Denied

Claims administrators review, approve, or deny all workers’ compensation applications. When a claim is denied, an Application for Adjudication of Claim can be filed seeking a review.

A state-qualified physician is involved, and a hearing before a judge is scheduled. Our Ventura workers’ compensation attorneys successfully represent clients at these reviews.

Workers’ Compensation Benefits

Injured employees are eligible for a portion of their wages and medical care to treat the workplace physical injury in anticipation that the attending physician will clear them to return to work when they heal. These are known as temporary disability benefits.

Other benefits are available, including:

  • Medical care for emotional injuries linked to employment
  • Permanent disability benefits if an employee is properly diagnosed
  • Supplemental job displacement vouchers for retraining
  • Lump sum payments, if applicable, with supplemental job displacement vouchers
  • Death benefits for families

These benefits are not automatic, and there are deadlines from the beginning, including the time an employee has to notify an employer about a workplace injury. Do not try to guess what to do and risk a denial. A Ventura workers’ compensation lawyer could fight for maximum benefits and ensure the process runs smoothly.

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A Workers’ Compensation Lawyer Secures Benefits in Ventura

An accident at work is always possible. Even if you and your employer are diligent about safety, accidents happen. You are then faced with medical and household bills and the loss of your paycheck while you recover.

That is what workers’ compensation benefits are for. If you are injured or fall ill on the job, part of your paycheck and all your related medical bills are paid through your employer’s insurance. The process is not easy to navigate, and our Ventura workers’ compensation lawyer can help you file a timely claim or rebut a denied one. Call our firm for your free consultation today.

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 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 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.