Workers’ compensation helps injured workers to receive medical care and supplements at least a portion of their wages when they were injured at work. However, insurance companies deny most claims, and that’s when it’s important to work with a workers’ compensation attorney.
A worker’s compensation attorney in California could help you secure the benefits that you are entitled to receive as an injured worker in Fresno, CA. If you’re unsure whether or not you are getting everything you are entitled to receive or if you need some extra help, consult with Ghitterman, Ghitterman & Feld for a free consultation today.
Workers’ compensation can be covered under workers’ compensation: payments for lost wages, death benefits, specific loss benefits, and medical care. Nearly all workers in California are covered by 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.
According to California laws, a workers’ comp lawyer can take between nine to fifteen percent of your worker’s comp award, depending upon the complexity of your claim. California laws also stipulate that lawyers offer a free consultation to residents during their initial claim.
There are several advantages to working with Fresno workers’ compensation lawyers. They can advocate on your behalf, fight for your rights in court, or file a personal injury lawsuit for you if necessary. Here are some of the ways the seasoned workers’ comp professionals at Ghitterman, Ghitterman & Feld can support you:
Being injured on the job isn’t sufficient enough grounds for you to lose your job in Fresno, CA and is against the law. Injured workers that lose their job for filing a workers’ compensation claim could have legal recourse for unlawful termination.
Ending your employment in response to your work-related injuries is illegal under California law and further states that you also cannot be treated unfairly at work due to your illness or injury either.
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 professional:
Employers that retaliate against their employees after a workplace injury may be subject to fines awarded to you.
When you’re receiving medical treatment for your work-related injuries and can no longer serve your company in the same capacity as before, it’s still vital to support yourself financially. If your employer does not provide you with alternative opportunities, then you could be entitled to benefits.
A supplemental job displacement benefit voucher helps pay for educational retraining, skill enhancement, or both, at state universities. Vouchers can be used to pay for tuition, fees, room & board, and other expenses required for training or skill enhancement.
Before you qualify for these benefits, you must prove that you have a permanent disability caused by your work injury or illness, and your employer has not or cannot offer you alternative work. Doctors can give you work restrictions during your medical treatment that set out what you can no longer do safely.
The following workplace restrictions are fairly common after workplace injuries:
If your employer does not accommodate your new restrictions, then you could also be entitled to receive a retraining voucher worth $6,000, which allows you to go to a vocational school to learn a new line of work. The voucher provides a total of $6,000 toward your retraining.
Call a Fresno worker’s compensation lawyer with years of experience. If your employer’s work comp insurance company refuses to provide you this voucher or has provided work that does not meet your restrictions or seems unreasonable, it is time to call in a workers’ comp lawyer.
When you are injured on the job doing activities that benefit your employer, then you could be getting workers’ compensation benefits. Workers’ compensation laws in California include payments for:
California is a no-fault state when it comes to workers’ compensation benefits, so regardless of who is responsible for your injuries, you should receive benefits. 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, then contact Ghitterman, Ghitterman & Feld for a free consultation today.
The average injured worker does not understand the workers’ compensation system. That means that 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.
Use the following general outline to measure your benefits.
All of your medical treatment that relates to your injury should be paid for, including doctor’s appointments, physical therapy, surgery, and any other follow-up procedures.
Your disability payments should generally equal two-thirds of your average weekly pay.
Your permanent disability benefits are based on the severity of your injury—the more serious and limiting the damage, the more benefits you are entitled to receive
Many workers put a lot of trust in 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. This trust is often misplaced, however. 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 that they might be giving you bad advice or bad information about what your rights are after a work injury.
In some situations, your employer may pay you some money or may 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.
Although workers’ compensation benefits are provided by your employer, they are usually paid by their insurance company. The workers’ compensation system in California 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 must also give you a Workers’ Compensation Claim Form (DWC 1) to complete. There is a section for the employer to complete, too. 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. You need to contact a California workers’ compensation attorney as soon as you realize that your employer has not reported your injury so you can take quick action.
Has your employer failed to report your injury? Contact us now to discuss at 559-214-8888.
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.
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.
In some situations, an employer or its insurance company will provide you with medical care as required but refuses to pay you disability benefits to cover your lost wages. You are entitled to a portion of your wages if you are unable to work as a result of 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 their insurance company tells you that you are not entitled to these benefits, then you have a problem. Contact a California workers’ compensation attorney as soon as you can or connect with us right now to discuss at 559-214-8888.
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 full value of your disability. You need to have the settlement offer reviewed by an experienced workers’ compensation lawyer who knows what you are entitled to receive based on California law. He or she will be able to tell you about what the average 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 huge hit to your budget, but it can also hurt your ability to recover properly after a work injury.
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 make a change in your medical care, a Fresno workers’ compensation lawyer could be of assistance. A workers’ comp law firm can provide helpful information about which physicians to see for your type of work-related injury.
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 are capable of returning to work, then 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. The process for getting a second opinion may seem tedious so let an adept Fresno workers’ compensation attorney offer assistance.
Ghitterman, Ghitterman & Feld provide the skillful representation you need to protect your California workers’ compensation claim. If you’ve been injured on the job, the last thing you want to find out is that your employer doesn’t support your claim.
Sometimes employers and their workers’ compensation insurance companies deny their employees the benefits they’re entitled to. They also may limit your benefits package to continuing building wealth for the insurers.
Insurance companies capitalize on every opportunity to increase their wealth by denying benefits. Working with a knowledgeable Fresno workers’ compensation attorney could be the most opportune way to make sure they take your claim seriously.