Workers’ Compensation Attorney Fresno, CA

Payments for lost wages, death benefits, specific loss benefits, and medical care can be covered under workers’ compensation. 

By law, Fresno employers must provide workers’ compensation to their employees, including seasonal and part-time workers. Unincorporated businesses, non-profits, and even employers with only one additional employee are required to provide benefits. Speak with Fresno workers’ compensation attorneys in your area or have a free consultation to discuss your options. 

Why Should I Hire A Fresno CA workers’ compensation attorney?

There are several advantages to working with Ghitterman, Ghitterman & Feld in Fresno, CA. We are known for our responsiveness to each client’s needs, with answers promptly rather than promising answers that may not come for months. We make all communications clear, direct, and concise, so you always know what is happening in your case. Our goal is to ensure you feel prepared, knowledgeable, and confident throughout the process. Here are some of the ways the seasoned workers’ comp professionals at Ghitterman, Ghitterman & Feld can support you: 

You Were Fired After Your Workplace Injury

Being fired due to a work injury is illegal in Fresno, CA. Injured workers that lose their job for filing a workers’ compensation claim could have legal recourse for unlawful termination. 

If your employer terminates your job for any of the following reasons, then it could be imperative that you speak with a workers’ compensation, temporary disability, and permanent disability professionals: 

• Applying for adjudication of claim to resolve a dispute with the Division of Workers’ Compensation
• Getting a temporary or permanent disability rating from a doctor
• Intending to file a workers’ compensation claim
• Settling your workers’ compensation claim with your employer
• Submitting a work comp claim at your job
• Winning your workers’ compensation claim 

Employers that retaliate against their employees after a workplace injury may be subject to fines awarded to you.

Your Employer Refuses To Pay

When you are injured on the job doing activities that benefit your employer, then you are entitled to workers’ compensation benefits. Workers’ compensation laws in California include payments for:

• Medical expenses
• Lost wages during your temporary disability
• Reimbursement for the permanent loss of function caused by your permanent disability
• Job Retraining vouchers when you are unable to return to your previous job
• Mileage reimbursement for doctors appointments and other medical treatment

California is a no-fault state for workers’ compensation benefits, so you should receive benefits regardless of who is responsible for your injuries. Accidents happen and if your Fresno employer refuses to pay your benefits because they feel you are misleading with the severity or origins of your injuries, contact Ghitterman, Ghitterman & Feld for a free consultation today. 

You Are Unsure If You Are Getting All of the Benefits You Are Entitled to Receive

The workers’ compensation system is complex and can be hard to navigate. That means you might not know how much money you are supposed to get after a work injury. Some people may not realize that they are supposed to get benefits at all.

You can trust that you are in capable hands when you work with us because we prioritize your well-being. We take this job seriously and will never ask you to settle for less than you deserve just to get the case resolved. As your workers’ compensation attorney, we see our role as a constant source of information throughout your case, so we will always answer any questions or concerns honestly.

Use the following general outline to measure your benefits:

All of your medical treatment related to your injury should be paid for, including doctor’s appointments, physical therapy, surgery, and any other follow-up procedures. You should also be paid two-thirds of your average weekly pay while you are recovering. 

Your permanent disability benefits are based on the severity of your injury—the more severe and limiting the damage, the more benefits you are entitled to receive.

Many workers trust their employer or its insurance company and count on them to tell the worker what they should and should not do and how much money they should get. However, sometimes this trust is misplaced. Oftentimes, your employer and its insurance company want to pay you as little as possible—even though you may be entitled to more benefits. That also means they might give you inaccurate information about your rights after a work injury.

In some situations, your employer may pay you some money or cover some of your medical costs, but not everything. If you think you are supposed to be getting more or if something about what your employer is telling you seems strange or inaccurate, then you need to talk to a workers’ compensation lawyer.

Your Employer Will Not Report the Injury

Although workers’ compensation benefits are provided by your employer, they are usually paid by their insurance company. California’s worker’s compensation system has specific requirements that California employers and insurance companies must comply with when providing benefits to injured workers.

Your employer is required to report your injury to its workers’ compensation insurance company.

Your employer can often report the injury to their insurance carrier via phone call or email. They may need to fill out some additional paperwork for their insurance company as well.

The employer also must give you a Workers’ Compensation Claim Form (DWC 1) to complete. There is a section for the employer to complete as well. This form is used to initiate the claim. If your employer refuses to report your injury, that is a huge red flag. They may be worried about safety violations, not having the right insurance, or a variety of other potential issues. 

Has your employer failed to report your injury? Contact us now to discuss at (559) 365-7427.

Your Employer is Dragging Its Feet on Paying Benefits

If your employer keeps telling you that benefits are coming, but you have not seen any progress on your claim, then you need to talk to an attorney to get things moving. Your workers’ compensation lawyer will be able to push things along on your behalf. You can only survive so long being unable to work without your benefits, and you should not have to wait longer than necessary.

Thankfully, California workers’ compensation law has a mechanism to penalize employers and insurance companies who do not take quick action to get you the benefits you need. You can get penalties if your employer refuses to pay your benefits promptly. This benefit amount can be up to 25% of the total amount of benefits that are due to you that you have not received.

You Have Not Received Disability Benefits

In some situations, an employer or its insurance company will provide you with medical care as required but refuse to pay you disability benefits to cover your lost wages. You are entitled to a portion of your wages if you cannot work due to the injury. If your injury makes you unable to work as many hours as you previously worked while you recover (sometimes referred to as limited or light duty work), you should also get benefits for those lost wages as well.

You are entitled to both of these types of disability benefits if you cannot work after a work injury or illness—it is not one or the other. If your employer or insurance company tells you that you are not entitled to these benefits, you have a problem. Connect with us right now to discuss at (559) 365-7427.

You Have Been Offered a Lump Sum Settlement for Your Workers’ Comp Claim

If you have permanent disability because of your work injury, your employer or their insurance company may offer to settle your claim. There is a good chance that if you are being offered a workers’ compensation settlement, it is not for the total value of your disability. You need to review the settlement offer with an experienced workers’ compensation lawyer who knows what you are entitled to receive based on California law. They will be able to tell you about what the appropriate workers’ compensation settlement might be for a case like yours.

Insurance companies are notorious for short-changing injured workers when they offer settlements. You often cut off your rights to medical care and additional benefits when you agree to a settlement. Not having those medical benefits or wage loss benefits can not only be a massive hit to your budget, but it can also hurt your ability to recover properly after a work injury.

Difficulties with Physicians and Doctors

Those who suffer work-related injuries have to see a doctor provided by their employer’s insurer. If you are unable to receive adequate service from your medical provider network doctor and want to make a change, then you may have options to change your doctor.

If you want to change your medical care, a Fresno workers’ compensation lawyer could assist you. A workers’ comp law firm can provide helpful information about which physicians to see for your type of work-related injury. 

Prematurely Returning To Work

Fresno workers’ compensation lawyers often prevent unethical doctors and insurance claim adjusters from taking advantage of their clients. These unhealthy relationships could lead to doctors forcing patients back into work more quickly to help insurance companies reduce what they payout. 

Typically, if your treating doctor says that you can return to work, you may be obliged to do so. However, if you feel that you are not ready to go back because of the trauma of your work-related injuries, you could get a second opinion from another doctor. 

If you aggravate your injuries, you’ll be out of work much longer, and it may exacerbate your problems. Have a free consultation with experienced Fresno workers’ compensation attorneys in California before returning to work prematurely. Getting a second opinion may seem tedious, so let an adept Fresno workers’ compensation attorney offer assistance.