For many workers, a healthy back is essential to performing their job. It's therefore important that your back be as healthy as possible following a job related spine injury. That doesn't mean that the insurance companies feel the same way. Many insurance companies will try to force you to return to work or underpay you for the true value of your claim.
You need experienced lawyers that are familiar with the legal guidelines for assessing the value of a back injury to fight on your behalf. Don't go it alone.
Work related injuries aren't always obvious. Sometimes, a person develops an injury over time due to repetitive motions or actions. California refers to these type of injuries as "Cumulative Trauma" injuries. These type of injures aren't necessarily solely orthopedic. Your lungs, heart, and other organs could be injured over time. You should consult with an attorney to determine whether you may be entitled to workers' compensation benefits in California.
If you are permanently, totally disabled as a result of your work-related injury or occupational disease (an illness or condition caused by your employment), you will likely be entitled to a lifetime pension under your state’s workers’ compensation system. You should consult an attorney to determine if you are entitled to a lifetime pension because of your work injury.
There are various ways to settle a workers' compensation claim. One way, is settle out both your Permanent Disability and future medial care with one lump sum payment. Many injured workers opt for this type of settlement. However, you should know the pros and cons of resolving your claim in this manner. Consult with an attorney if an insurance company makes you an offer to settle your claim in this manner.
Another way to settle your case is by “stipulation and award.” With this document, you and the insurance company decide to agree on the degree of disability you suffer and the terms of the award paid by the insurance company. Often, these awards entitle you to future medical care at the expense of the employer’s workers’ compensation insurance company. In order to make sure this type of settlement is right for you, consult with an experienced attorney.
We have experience representing union members in many of the following unions, labor organizations, and employee associations throughout the Bay Area. Please feel free to contact us at (510) 257-4141 if you have questions about your job injury, work accident, union benefits or how to file a workers’ compensation claim for your workplace injury. We promise to be with you all the way.
California forbid employers from discriminating against you for seeking workers compensation benefits. If you feel your boss has punished or treated you unfairly because of your claim, contact an attorney as possible. There are deadlines you should be aware of for filing discrimination claims. A seasoned attorney can help you with this process.
If you are injured because of your employer's "Serious and Willful" misconduct, you may be entitled to additional compensation. The amount of compensation can be increased one-half with no maximum cap where the employee is injured by reason of the serious and willful misconduct of the employer.
Although California is a “no fault” state when it comes to work related injuries solely between you and your employer, there is nothing preventing you from seeking additional claims from a non-employer that caused you injury even if you were working and covered by your employers’ workers’ compensation benefits. Consult with a lawyer if you were injured by a third-party while you were working.
Workers' Compensation benefits aren't the only benefits available to you should you be injured at work. Many people are unaware that they can make claim for Social Security benefits as well. You might be entitled to additional benefits and a skilled attorney should guide you through the process if you are in fact eligible.
You should be aware that in California, your immigration status has nothing to do whether you're entitled to workers' compensation benefits. Don't be intimidated. If you are injured on the job in California, you can pursue your benefits under the law. Make sure you have an attorney on your side.