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There are about 3.5 fatalities for every 100,000 full-time employees. Luckily, workers’ compensation covers expenses from injuries that took place at work. However, sometimes workers’ compensation claims are denied. In other circumstances, the award amount simply isn’t enough to cover your damages. When this is the case, you can work with workers’ compensation lawyers to help you receive the amount you deserve.
When you need additional money to cover your work-related injuries or are struggling to navigate the complex workers’ compensation system, contact Ghitterman, Ghitterman & Feld— a law firm serving Santa Barbara, CA— for a free consultation. In our many years of practice, we have helped hundreds of individuals like you who were concerned about their future and anxious about the legal process. We are ready to be your compassionate guide and help you every step of the way.
If you’ve had an accident or sustained an injury while at work, there are steps you can take.
A Santa Barbara workers’ comp attorney works hard to correct their client’s workers’ compensation issues if they are not receiving enough or if their case is denied. Unfortunately, this happens to many workers, so it is possible that you may not be receiving the Santa Barbara workers’ compensation benefits that you are owed.
When presented with your case, your workers’ comp legal professional will identify what makes you eligible or ineligible. If you were injured at your job location, you should be covered by these regulations regardless of who is at fault. If you were injured outside of your job location, it has to be because you are delivering or traveling for work, transporting goods, or paid for commuting to your job location.
Injured workers can file a claim if they did not receive the necessary benefits for their injury. Attorneys can help provide legal advice regarding your claim, such as correcting errors, helping you to gather more evidence, and pointing out details you may have left out in your previous claim. They will direct you to get medical help if you haven’t already so that you are fully aware of all of your injuries. After you have filed an Application for Adjudication of Claim, your lawyer will have to request a Declaration of Readiness to Proceed to schedule a hearing in front of your local Compensation Appeals Board judge. This is a type of informal trial where the judge listens to both sides of the case. Ultimately, they decide if the insurance provider has to approve your benefits.
You will have to attend a pre-trial conference before appearing in front of a judge. This is to evaluate the reasons why an insurance provider denied you workers’ compensation benefits. If your denial isn’t because of an AOE (arising out of employment) or COE (course of employment) issue, then your judge will provide a date for your hearing. If it is because of an AOE/COE issue, you will receive a quick conference date to help you receive the benefits you deserve expediently. After the pre-trial conference, your attorney can represent you before the jury. It is up to the legal system to decide whether you are entitled to benefits based on your trauma, the evidence, and the situation surrounding your injury.
This is a common question we receive from our clients in Santa Barbara County. They are anxious to comply with worker’s compensation law but have realized that their workers’ compensation benefits do not adequately cover their mortgage, monthly bills, and other expenses. The answer depends on factors unique to each case, which is why our office is happy to answer your questions that you have regarding your circumstances. We understand the frustration you may be experiencing, so we go over what type of work is allowed for each client. In general, however, working a second job may be permissible if it does not aggravate the injury.
You must report the accident to your employer, who is legally required to provide you with a DWC-1 form within 24 hours after being notified of the accident. If you are suffering from a medical emergency, you or one of your colleagues should call 911, and your employer must give you the form within 24 hours of being released from the hospital.
We highly recommend reviewing the instructions your employer should have placed in a conspicuous location, such as a break room. We are also available and eager to answer any questions you have about California labor protections.
If you’ve become disabled due to your work injury, you may be eligible for permanent disability benefits. Additionally, you may be eligible for Social Security Disability or Supplemental Security Income benefits. We can help you determine what benefits you may be eligible to receive.
If you were injured on the job and were denied employer’s liability insurance, then you need advice from a California lawyer with years of experience. Contact Ghitterman, Ghitterman & Feld for a free consultation. We are a Santa Barbara County law firm that relentlessly advocates for our clients to receive their workers’ compensation benefits. Call us at 805-214-8888 to speak to a compassionate attorney eager to help you.