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What Is Workers California Comp?

Workers’ Compensation Specialist in Roseville

California workers comp claims help workers injured on-the-job receive the benefits they are entitled to. The system was established for workers who become ill, are injured, or die while on the job.  It is highly recommended but not necessary to hire a local firm near you where you can get the individualized attention you may need after being injured.

It is a state-mandated insurance purchased by employers as coverage for their employees. Each state has its own individual program that differs slightly from other states.  California’s system if one of the most comprehensive and complicated in the country.

If you have suffered an injury or have developed an illness at work, you qualify for workers’ comp benefits. There are six basic benefits that California workers compensation offers. 

The basic benefits include: medical care, medical mileage, disability benefits in the form of temporary disability and partial or total permanent disability, and vocational rehabilitation if you are not rehired by your employer, and in deeply unfortunate cases, death benefits. 

Continue reading below to learn more about the steps you should take following a work-related injury or illness. If you would like to learn more or have any further questions please contact Gold Country Workers Comp Center. 

Steps Involved For California Workers’ Comp Benefits

Immediately after a work-related injury, it is important for you to report the injury. The injury must be reported on paper to your manager or the owner. After reporting the injury, immediately seek medical attention. 

Following medical attention, it is important to immediately notify your employer of the details. Once the employer is notified of the injury, they should provide you with a claims form to fill out. 

The form must be filled out and completed within thirty days of receiving it. If the employer is not alerted within thirty days, you may lose your benefits under the program. It is essential to not hold the California workers’ comp claims form.   

If your employment is terminated before the claims form is submitted, your employer could avoid all liability for the work-related injury.  If you do not learn of your injury being work related, however, you can still pursue your case. 

Why You Should Seek Help With Workers’ Compensation Benefits

The process of filing a workers’ comp claim and obtaining benefits can be extremely difficult to navigate. The process can be done without assistance however it is highly recommended that you seek professional assistance. 

An experienced workers comp attorney can help you navigate the process of acquiring the benefits you are entitled to. A workers’ comp lawyer can provide a great deal of help if there is a possible settlement or if your claim is denied.  If your claim is rejected, or any benefit that should be provided is not provided, you should be sure to find out what non-workers’ comp benefits may be available pending a resolution of the dispute.

A workers’ comp attorney specializes in workers’ compensation law. They have experience negotiating with the insurance companies and can represent you if a settlement must be sent to trial. 

Professional Legal Assistance

Gold Country Workers Comp Center is a northern California workers comp firm that specializes in workers’ compensation and disability. Our team of lawyers is highly trained and erased in the workers’ comp process. 

They are committed to helping you secure the benefits you are entitled to following a work-related injury every step of the way. It is important to act quickly following a work-related injury. 

Please contact Gold Country Workers Comp Center today at 560-362-7188 to get started on your California workers’ comp claim or to schedule a free consultation. 

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How A Workplace Accident Attorney Can Help With Workers Comp Claims

Work Injury Lawyer in Roseville

Hiring a workplace accident attorney is the best way to ensure the success of your California workers’ comp claim. The period after a work-related injury can be extremely difficult for workers and their families.  In the foothills from Auburn through Nevada County, many workers do primarily physically demanding jobs, and those types of jobs produce many injuries.

Many workers opt to file their workers’ comp claims on their own. Although this is possible it is not recommended. The claims process is extremely complicated and can be difficult to navigate alone. 

A California workers comp attorney can help ensure you receive the workers compensation claims you are entitled to. They offer numerous additional services that can reinforce the success of a claim. 

The following article will highlight the reasons why hiring a workplace accident attorney is so important following a work-related injury. If you have any further questions please contact Gold Country Workers Comp Center. 

We can also help you schedule a consultation with an experienced workers comp lawyer by phone or in-person in Nevada County. 

When To Hire A Workers’ Comp Lawyer

Whenever a work-related injury occurs it should be reported quickly to your manager or supervisor. They will then provide you with documents that must be filled out. The paperwork requires that you detail how the accident occurred. 

It is important to still report the injury in writing even if it was cared for without seeing a doctor on a first-aid basis. In this case, you need not file a formal workers’ compensation claim. 

When describing the accident, it is important to provide as much detail as possible. If your injury was serious enough to require further medical care beyond first aid or more than three days off work,  you qualify for workers’ comp benefits. 

Workers’ compensation is a form of insurance paid by employers. They do this to cover the expenses from workplace injuries. 

Numerous factors including the severity of the injury, medical expenses, amount of lost wages, and more will determine the number and amount of benefits a person is entitled to. 

A workplace accident attorney is an attorney educated in the field of workers’ compensation law. They use their experience in the field along with their dedication to protecting their clients through the claims process. 

A workers’ comp lawyer assists you through every step of the workers’ comp process that can be complicated without their representation. They offer knowledgeable counsel following a work-related injury to ensure clients’ preparedness. 

In addition to these services, a workplace accident attorney can negotiate with the insurance companies to ensure you receive the benefits you are entitled to. They can also help if a settlement is not reached and litigation becomes necessary. 

If your workers’ comp claim goes to trial, the workers’ comp attorney to prepare the essential documents, testimonies, and more to ensure success. 

Work With A Workplace Accident Attorney

For the reasons stated above, it is clear to see why working with a workers’ comp attorney is so important. You can count on Gold Country Workers Comp Center to help you through the workers’ compensation claim. 

Contact Gold Country today by calling us at 530-362-7188 to learn how we can help you get the benefits you deserve. 

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Having A Workers Compensation Attorney On Your Side

Make a Worker’s Comp Claim

People everywhere look to hire a workers compensation attorney after experiencing a work-related injury or a diagnosed illness. All workers who become injured due to work-related reasons deserve fair compensation.

These rights extend beyond simple justice. In fact, the law clearly states all workers who suffer an injury due to work are to be given proper benefits without reference to fault by the employer or employee.  

Having A Workers Compensation Attorney On Your Side

Personal injuries, such as those caused by defective products, suffered due to dangerous conditions on a non-employment related property, or a result of negligence by a 3rd party also gives an injured worker the right to sue the 3rd party for full damages. 

It is the responsibility of the employer to keep and maintain a safe work environment as well as properly informing all employees of potential dangers that might be present in the workplace.  A serous and willful breach of this duty on the employer’s part allows injured workers to collect extra compensation.

Employers will generally have an insurance company that handles workers’ compensation to pay for medical treatments, lost wages, and other costs. However, it is well-known that most insurance companies are unmotivated to pay workers the full amount of compensation they are rightfully owed.

Instead, they make the process incredibly difficult to deal with and can even actively attempt to withhold payment for the injured worker. This is one of the biggest reasons why having an experienced California workers’ compensation lawyer on your side will be critical.

What Are Workplace Hazards?

Some jobs are going to have more risks than others due to the very nature of the work. Other jobs also still carry risks, especially over the long term. Remaining aware of these risks will always be important for workers, regardless of the job.

Understanding workplace hazards helps keep you and your coworkers safe. If an employer does not make you aware of the risks or attempts to withhold the risks from workers, they are at fault and potentially liable for extra compensation beyond the basic workers’ compensation benefits. 

Payment For Medical Costs And Lost Wages

The time after experiencing a work injury is often stressful for the worker and their family. A workplace injury can require extensive medical attention and prevent the worker from being able to perform his or her work duties.

Lost wages, costly medical bills, and pain all together often make the situation even worse. Combine this with difficult insurance companies and it’s easy to see how stressful this recovery period can be. 

For those looking for a workers compensation attorney in California, it’s critical to find one with a full understanding of California workers compensation law to maximize your chances of receiving the full amount of compensation you’re owed. 

Remember, the sooner you seek legal counsel, the better your case’s chances. EARLY INTERVENTION WORKS!

To schedule a free case consultation with a workers compensation attorney in California, be sure to reach out and contact Gold Country Workers Comp Center for help.

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El Dorado Disability Lawyer

Disability Advocates

If you are injured or diagnosed with a condition that impairs your ability to work, one of the first places it will be suggested that you turn is Social Security Disability (SSDI) or Supplemental Security Income (SSI). Most Americans have heard of it but many do not realize exactly what it is until we are faced with a need for it. If you need and El Dorado disability lawyer, Gold Country has helped guide thousands of individuals from across California through the process of applying for and receiving SSDI benefits. 

 

What is SSDI?

SSDI stands for Social Security Disability Insurance. It was established in 1956 by president Eisenhower. It is actually an amendment to the Social Security Act of 1935 which previously did not include insurance for those with disabilities. The program pays monthly stipends to those who qualify to help cover lost income. The amount given is determined on a case-by-case basis and is generally determined based on the amount of Social Security benefits accumulated before a person stops working. 

 

What is SSI?

SSI stands for Supplemental Security Income.  If you haven’t paid enough “quarters” into Social Security to qualify for regular SS benefits (including retirement!) then SSI provides a safety net for people who are disabled and cannot work AND have very low resources to support themselves.

How do I apply for SSDI?

The first step in getting Social Security Disability benefits actually should happen before even submitting your application: determining if you are eligible. There are many regulations put in place to help ensure that the program is not abused. This means that recipients must meet very specific benchmarks in order to be considered eligible. The two main requirements are that you have 1) worked long enough and recently enough in a job included under Social Security and 2) have a condition that meets their definition of a ‘disability’. An El Dorado disability lawyer can be especially useful in this step as the conditions to qualify fluctuate yearly and can be purposefully convoluted. Our lawyers have years of California-specific experience and will be able to ascertain if you have a good chance of approval.  YOU CAN APPLY ON LINE on the Social Security website.

 

Once you have resolved to move onto your application, there are a few options for submitting. While there are in-person and over-the-phone processes, the most common avenue for proposals is online. You will be asked to compile an extensive list of medical, financial, and personal documents to be looked over by a state official called a Disability Examiner who works under the Disability Determination Services. 

 

Due to the huge influx of requests, Examiners will be looking for very specific wording within the application in order to approve an individual. Gold Country Worker’s Comp Center knows exactly the information that California Disability Examiners will be searching for. We will make sure that you have everything in place and worded as cleanly as possible in order to make your application appealing, thorough, and straightforward. 

How do I apply for SSI?

To apply, you have to submit a written application.  You can do this by setting an appointment at the closest SS office, or on the phone with a SS representative.

Can I reapply if my claim has been denied for SSDI or SSI? 

Yes! This is called a Reconsideration Filling and is perfectly valid, but they do have a notoriously high denial rate. An El Dorado Disability Lawyer will greatly improve your chances of an accepted Reconsideration. This is because we are able to quickly pinpoint the mistakes in your documents that most likely lead to your refusal the first time around. Oftentimes, the medical documents provided do not clearly or adequately communicate the severity or nature of a person’s condition. This is especially true if your doctor is unaware of your intent to file for disability or if you are using outdated documents. The problem may also simply be a mistake on the part of your Examiner. No matter the reason, Gold Country can help you determine if you have a solid case for reconsideration and help restructure your application. 

 

Gold Country Workers Comp Center knows that disability benefits are the right of every qualifying American. We work tirelessly to provide each of our clients with the best chance of obtaining the compensation they deserve. Contact us for a free consultation and see if you could be receiving assistance. 

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PUBLIC SERVICE ANNOUNCEMENT FROM GOLD COUNTRY WORKERS’ COMP CENTER

Why Hire a Workers’ Compensation Attorney

May 6, 2020

UPDATE: Essential Workers that Contract COVID-19 Now Presumptively Covered for Workers’ Compensation Benefits. Gov. Gavin Newsom signed an executive order on May 6, 2020 establishing a rebuttable presumption that “essential workers” infected with COVID-19 contracted the virus on the job. The effect of the presumption shifts the burden of proof to the employer to show that the injured worker  did not contract COVID-19 on the job to relieve the employer of liability from a claim for workers’
compensation benefits. The executive order applies retroactively to cover essential workers who contracted COVID-19 back to March 19, 2020, and extends for 60 days from the issuance of the order.

This order follows the announcement by some of the State’s largest workers’ compensation insurers, including State Compensation Insurance Fund (State Fund), easing their own criteria for acceptance of claims by essential workers diagnosed with COVID-19. State Fund, for its part, is now accepting any claim by an essential worker – as defined in Gov. Newsom’s Executive Order N-33-20 – diagnosed with COVID-19 that was confirmed by a positive test during the time period from when the Governor’s stay-at-home order went into effect until the order is lifted. This order will probably be challenged in court, but in the meantime. . . .

Contracting COVID-19 can trigger the receipt of Workers’ Compensation and other public Benefits. With COVID-19 dominating our lifestyle and causing extensive damage to so many individuals’ health and personal financial condition, there is a prevalent focus on what public benefits are available to individuals impacted by the virus. Reasonable evidence-based statistics indicate at least 50% of the population will at some point contract the disease and 1 in 5 of those will need hospitalization. It is reported that COVID-19 is at least 10 times more lethal than regular flu. Whether someone (or their dependents) can get Workers’ Compensation benefits if they fall ill (or die) due to contracting COVID-19 depends on several factors. First, a few words about Workers’ Comp in general: If your work causes an injury or exposes you to anything injurious, and you suffer an injury or sickness as a result, whether caused by a specific incident or over time resulting from “cumulative trauma or exposure,” Workers’ Compensation benefits are generally payable. These benefits include Temporary Disability during the time you suffer a full or even partial wage loss, medical care (including travel expenses), if you suffer permanent impairment, a monetary award for “Permanent” disability and if your employer does not offer you a job after a comprehensive medical report detailing any work restrictions, a job displacement benefit.

If death results, the decedent’s dependents can receive monetary benefits, too. Evidence is mounting that COVID-19 can cause long term organ and heart damage. Workers also are suffering psychological injury and impairment due to exposure. Proving an injury or contracted disease “arose out of and in the course of employment” can sometimes be difficult, and generally, contracting a non-occupational disease from a co-worker or customer is not compensable. However, there are certain types of workers who can assert such a claim: Front line workers whose job requires them to be in frequent contact with people who are known to have COVID-19 and who contract the disease can definitely prove their disease is work related. There are actually two 100-year old California Supreme Court cases finding workers’ comp benefits are payable in this situation, and these cases are still good law. This was in the context of the 1918 world-wide pandemic called the “Spanish Flu.” Governor Newsom’s order resembles the holdings in these cases, and even if the order is challenged, these cases remain good law. Also, generally speaking, an employee who incurs “Special Exposure,” “Increased Risk,” or a “Materially Greater Risk” of contracting COIVD-19 than the general public can probably show entitlement to Workers’ Comp benefits if they contract the disease. There are several cases supporting this theory.

While Alaska, Illinois and Michigan’s legislatures have passed bills establishing a presumption of industrial causation in favor of front-line workers caring for patients with COVID-19, the California legislature is considering such a bill, however it is not (yet) the law in California. We only have Gov. Newsom’s order referenced above. There are also many other public benefit programs available to those whose ability to work is diminished because they or their family members have suffered a serious medical problem. It is good advice to contact a Workers’ Compensation law firm for more detailed advice about potentially available benefits for people suffering from COVID-19, any work-related illness or injury, or to get information about the many other public benefits available for people with medical conditions that interfere with their ability to work, or whose family members have suffered serious injury or illness.

Gold Country Workers’ Comp Center in Grass Valley offers free telephonic consultations to those who want to learn about their rights to public or private benefits in the face of medical conditions or illnesses they or their family members are suffering from. Contact them at (530) 362-7188 or visit www.goldcountrycomp.com