510-257-4141
The State of California recognizes two types of injury; specific and cumulative. A specific injury is relatively straightforward to point out and identify. In a specific, an injured worker can typically pinpoint the moment he or she sustained a work-related injury. Examples of these type…
TBI Primer: How Do We Evaluate A Traumatic Brain Injury?
Traumatic brain injuries (TBI) are very serious injuries and understanding the etiologies of brain damage from a workers’ compensation perspective requires a fundamental understanding of the interplay between neurology and psychiatry. TBI indutrial injuries will usually require a medical-legal (QME) evaluation by a neurologist and…
Do I have a workers comp case if I get injured driving to work?
The entire point of the workers’ compensation system is to ensure that injured workers receive all of the benefits that they’re entitled to under California workers’ compensation or workman’s’ comp law. However, the law requires that an injured employee actually be in the course of…
Can you tell me the two main ways to settle my workers’ comp case?
If you’re a California injured worker, you have two main options in settling your case when the time is right. You can either settle by a Stipulated Award (Stips) or by Compromise and Release (C&R). There are upsides and downsides to each but you should…
I work an extremely stressful job and I suffered a heart attack. Am I eligible for workers’ compensation benefits?
The short answer is it depends. California does recognize heart attacks as possibly work-related injuries but don’t expect an insurance company to simply roll over and accept the claim. In most instances, the insurance will deny your claim. If you’re a police officer or firefighter,…
I was injured but I think my boss knowingly put me in a very dangerous situation. Is there anything else that can be done for me?
Sometimes, employers put their employees in dangerous situations that especially dangerous. In those cases, an injured workers might be entitled to an increase where the award is increased by 50 percent. In those cases, an injured worker may file a Petition for Serious and Willful…
The insurance company denied my claim but I need medical treatment. Can I use my private medical insurance?
If your claim is denied, you can your private medical insurance to treat if your insurer is willing to do so. Keep a ledger of all of your out of pocket expenses including mileage and copays (if you have to make one). If the claim…
Know Your Rights: Employer Retaliation and Workers’ Compensation in California
If you’ve been injured on the job, you have legal protections under California law. Employers cannot fire or retaliate against you for filing a workers’ compensation claim. If you’re facing retaliation or wrongful termination after a workplace injury, you may be entitled to compensation and…
I have a union job. Is there a law that says I must resign to settle my case with a Compromise & Release? I do not want to resign. The current adjuster says I need to resign to settle. What should I do?
No defendant is ever forced to settle a claim by a lump sum Compromise & Release. There is also no law saying that an insurance company has to offer you a C&R. Therefore, it is your decision to accept the offer and quit or not…
I was hurt on the job but don’t know what to do. What should I do first?
You should tell your employer as soon as possible that if you were injured on the job. There are may rules and times that apply to the first 90 days after a claim is filed so it’s important that you report the claim immediately. Otherwise,…
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