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Can you sue for pain and suffering?

Suffered an injury in the workplace?

It’s not unusual for an employee who has been injured while on the job to experience pain and suffering immediately after the injury, but for weeks, months, and even years after treatment and rehab are finished. While employees in all fifty states, as well as federal employees, are either covered under federal or state workers’ comp laws, workers’ compensation benefits don’t include punitive damage or damages for pain and suffering.

If you suffer an injury while on the job, you should pursue a workers’ comp claim against your employer in agreement with the California workers’ compensation system.  The goal of workers’ compensation benefits is to provide you with the medical treatment necessary for you to recover from your injury or illness, to partially replace the income you’ll lose while in recovery, and to help you return to work. You can’t sue for pain and suffering.  This was part of the legislation that requires employers to provide benefits even if the employer was not at fault for the injury.

If you are hurt by a third party, that is a party other than your employer, there are some legal options that you can pursue which can increase the likelihood of winning a pain and suffering claim.  These types of lawsuits can be complicated and involve other statutes which is why it is very important to consult an attorney who specializes in workers’ comp and disability law early on in the claims process.  Attorney Kim LaValley at Gold Country Workers Comp Center has been practicing law for over 38 years and has helped many clients successfully resolve workers’ comp cases.

What you can sue for:

If a third party, other than your employer, was responsible for your injury, you may be able to receive compensation for pain and suffering, full lost wages, lost earning capacity and more by filing a personal injury lawsuit against that party.  In this case, you may bring a separate lawsuit that would be allowed under workers’ compensation rules. You may also bring a personal injury lawsuit against your employer if you were injured as result of his or her “serious and willful” conduct.

There are other exceptional situations in which you may be able to file a lawsuit against your employer including if your employer carries no workers’ compensation insurance.

Although workers compensation can provide for the cost of medical treatment, partial lost wages while recovering and some partial permanent disability payments, it will not compensate you for pain and suffering.

What you can expect:

If you’ve been injured on the job, the workers’ comp claims process allows you to pursue benefits without having to go through the process of proving who was at fault.  However, the benefits which you receive are limited to compensating you for medical costs, a portion of your lost wages while you’re recovering from your injury, frequently and if a full recovery is not attained, a partial permanent disability payment and job retraining, if necessary.

There are some circumstances when suing for pain and suffering is possible by filing a civil lawsuit against your employer.  If you’re eligible to take this course of action, you may not be limited to the payouts provided by workers’ comp.

Filing a civil lawsuit against your employer is a complex and complicated process.  There are strict statutes of limitation involved as well specific documents that need to be filed.  That’s why it’s in your best interest to contact Kim LaValley at Gold Country Workers’ Comp Center.  Kim and his staff have experience working with insurance companies and other attorneys to ensure that you get the compensation, through settlements or jury awards, that you deserve.

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California Workers Compensation Lawyer

Roseville Attorney for Workers Comp

If you are looking for a California Workers Compensation Lawyer around Nevada City, you have found what we believe is the premier service. At Gold Country Workers Comp Center, our core focus is one hundred percent workers compensation claims and disability advocacy. Our Nevada City attorneys have recovered millions for our clientele. It does not matter if your insurance company fails to respond to your initial injury report or even the fact that your claim has been denied, our California Workers Compensation Lawyers have the demonstrated methods and determination to help you overcome each and every hurdle. Rest assured and have a greater peace of mind knowing that we will do everything in our power to make sure you gain the fullest and fairest compensation allowable.

Early intervention with a professional California Workers Compensation Lawyer will help with delivering optimal results. We know that you will be already dealing with the traumatic effects and aftermath of a workplace related accident or injury.  We provide the safety and security you will require when navigating this complicated legal process. When you bring on a proven California Workers Compensation Lawyer, they will protect all of your rights in the legal arena concerning your workplace injury or accident. This will allow you to completely focus on getting better while we perform everything available in our legal arsenal to get you what you deserve. Our firm has a unique approach that encompasses many aspects of getting you back to normality. Think of us as your security blanket during these trying times.

Gold Country Workers Comp Center, fighting for all workers injured on the job! Learn how we can assist with getting you the benefits you require and rightfully deserve. Injured on the job? Unable to work? Let us fight for the compensation you deserve. The worst thing you can do for a workplace injury is hesitating to reach out to legal counsel. Specifically a California Workers Compensation Lawyer. Some of the common workplace injuries can be:

  • Construction Accidents
  • Brain Injury
  • Catastrophic Injuries
  • Wrongful Death
  • Paraplegia Claims
  • Machine Malfunctions
  • Slips, Trips and Falls
  • Vehicular Accident
  • Overexertion
  • Repetitive Strain
  • Struck by an object

We have recovered millions for California Workers over the years. Our founder, Kim LaValley has over thirty five years experience as a practicing attorney. When you require a California Workers Compensation Lawyer, our firm has established itself as the goto legal solution for Workers Comp and Disability claims. Let us be your tenacious advocate for your legal rights concerning your workplace injury or accident. Time and time again our California Workers Compensation Lawyers have garnered numerous legal and financial successes for our well deserving clients.

California Workers Compensation LawyerIt does not matter how complex your legal case is, our California Workers Compensation Lawyers are ready to help you assert your legal rights. We will provide unwavering legal support for all stages of this difficult process, even if your claim has been denied.

Find out more how we can be of service by viewing our Workers Compensation FAQ sections and contact us today for your consultation.

530-362-7188

 

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Workers’ Comp for Broken Bones

California Workers Compensation Lawyer

Broken bones and fractures are common workplace injuries, especially in the construction industry due to the physical nature of the work. Broken bones can result in significant medical expenses as well as lost time from work. Fractures can take anywhere from 4 to 6 weeks to heal, depending upon the severity of the break.

Treatment for broken bones depends upon the location of and, again, on the severity of the break. For stable bone fractures, plastic or fiberglass casts are used to keep the bone in the correct position so that it can properly heal. However, in the case of shattered bones, severe fractures, or multiple breaks, surgery may be required to help fuse bones back together. In some cases, the fracture(s) can also affect other parts of the body — muscles, organs, and nerves — which would then require additional and more specialized treatment.

The bottom line — the more severe the injury, the more costly the medical treatment and the increased likelihood that there will be a temporary or permanent impact on your future earning potential. Workers’ comp for broken bones helps to cover medical expenses, loss of wages, and loss of future earnings.

The good news is that workers’ compensation claims for broken bones are easier to prove and result in fewer disputes vs. other types of injuries. X-ray images are compelling evidence as to the type and extent of the injury. However, the insurance company may refuse to provide fair compensation for your injuries. At Gold Country Workers’ Comp Center, we will ensure that your best interests are represented and that you not only receive proper medical care and treatment but the financial compensation that you are due.

Your job

The recovery time for a bone fracture(s) can vary depending on the severity and the type of treatment involved. Workers comp for broken bones will cover medical expenses and a percentage of your salary while you’re recovering. Additionally, the state provides disability benefits on a temporary or permanent basis.

If your injury is more severe, it could result in long-term problems which could have a permanent impact on your ability to return to the type of employment that you were originally trained in and could, therefore, affect your future earning potential. If this is the case, then you may be entitled to permanent disability benefits.

Your first step should be to speak with a workers’ comp attorney at Gold Country WorkersComp Center. We can advise you on the different types of disability benefits so that you can make an informed decision about the best way to file. You may be surprised by what the Workers’ Compensation system covers.

You need not be on your employer’s property to be covered. Under many circumstances, you don’t even need to be performing work for your employer at the time of injury in order to be covered. If you are injured on a business trip or in transit to or from something that benefited your employer in any way, you should be covered even if not performing job duties at the time of the injury.

If you are asked to stay or live somewhere that is owned or managed by your employer, even for a brief period of time, you should be covered whether you are performing work for your employer or not at the time of your injury.

Your rights

Broken bone injuries can cause you to miss time at work and can have many negative consequences. If the fracture is severe, surgery will more than likely be required to repair and/or realign the bone(s), resulting in a more lengthy recovery time. Furthermore, your ability to perform your job and other types of everyday activities in the future may be temporarily or permanently affected.

Getting an attorney involved early in the workers’compensation claim process is critical. Early intervention works. There are no extra costs involved and the initial consultation is free. The staff at Gold Country Workers’ Comp Center have extensive experience dealing with the workers’ comp system. Call us today for your free consultation.

Workers’ Comp for Broken Bones

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Do You Qualify for “Permanent” and “Stationary” Status?

Free Workers Compensation Consultation

Permanent and stationary is a medical term that is used in California workers’ comp cases and is interchangeable with the term maximal medical improvement or MMI. If you’ve been injured on the job, a finding of permanent and stationary or “P&S” is made by a doctor when you’ve reached a point where your medical condition is no longer improving or getting worse; in other words, your condition has plateaued to the point where additional medical treatment will have no further benefit.

At this point in time, your doctor will then write a P&S report to the claims administrator indicating that you have a permanent disability. The report should include a description of :

  • Your specific medical problems
  • Work restrictions
  • Any future medical care that you may need
  • Whether you can return to your former job
  • An estimate of how much your disability is a result of your injury vs other causal factors
  • The impact that your injury has on normal life activities

Because this medical report will determine how much, if any, permanent disability resulted from your workplace injury and, ultimately, the amount of benefits to which you are entitled, it’s very important that you enlist the services of an attorney who is experienced in workers’ comp and disability law. Kim LaValley, workers’ comp attorney in California, has 40 years of experience handling cases involving workers’ compensation and disability law.

The doctor’s decision

After you reached permanent and stationary status, and your doctor has written your P&S report, that report will then be rated to determine the amount of permanent disability benefits to which you’re entitled. This amount is dependent upon a number factors including your age, occupation, the part(s) of your body that were injured, and the cause and extent of your disability.

Permanent disability ratings can range from 1% to 100% depending upon how much your disability affects your ability to work, either at your former job or a new occupation. If you receive a rating of 100%, you are considered to be totally disabled. Payments for permanent disability (PD) are payable to you in addition to any payments the you may receive for temporary disability (TD) and are over and above the cost of medical care.

Your best options

Problems can arise when it comes to determining the amount of permanent disability for which you’re are eligible for if you have a pre-existing disease or impairment to the part(s) of your body that was injured on the job. In other words, what percentage of your work injury resulted in your permanent disability vs. the percentage that may be due to a pre-existing condition. If there is any type of dispute about whether or not you’re permanently disabled or the extent of your disability, you may find that you’re not receiving the full amount of benefits to which you’re entitled.

California workers compensation attorney, Kim LaValley, of Gold Country Workers’ Comp Center will fight to get you the compensation and benefits that you deserve. Consulting with Kim early on in the workers’ comp claims process is critical to the success of your claim. Failure to do so can be costly in the end.

Call and schedule your free consultation with Kim LaValley today.

Do You Qualify for “Permanent” and “Stationary” Status?

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What if You’re Unable to do the Same Job After an Injury?

California Workers Compensation Lawyer

If you’ve been injured on the job, the nature of your injury may be such that you’re unable to do the same job after your recovery and/or rehabilitation is completed. This can be especially true when an accident in the workplace results in serious injury such as crushed limbs or multiple broken bones that require surgery and that may have had an impact on the surrounding muscles, organs, and nerves. Injuries such as this can permanently affect your overall health.

The rule of thumb for workplace injuries is that, the more severe the injury, the increased likelihood that the injury will not only affect your present earning potential, but any future earnings from this type of employment. If this is the case, you may be entitled to permanent disability benefits.

However, the workers’ comp carrier involved in your case will be looking out for their best interests and not yours. Therefore, it’s essential that you have an experienced workers’ comp attorney in your corner at the very beginning of the claims process to ensure that your best interests are being well-represented and that you are being afforded every right that is yours under California’s workers’ compensation laws. At Gold Country Workers Comp Center our focus is on workers’ comp and disability claims. Attorney Kim LaValley and staff have many years of experience when it comes to successfully litigating these types of cases.

Here at Gold Country Workers’ Comp, we can help you feel secure in the knowledge that the right decisions are being made to maximize your benefit package in a time when we know you really need the support. Following is a discussion of some of the critical issues that typically arise after an industrial injury.

You have legal rights and important decisions to make

If you’re unable to return to the same job after your workplace injury, you have legal rights in California. Under Section 4658 of the California Labor Code, you may be entitled to permanent disability payments if you do not recover completely and if your injury has resulted in measurable permanent physical or mental impairments. As per the code, the amount and duration of your benefits are determined by the extent of your disability as evaluated by a “Qualified Medical Evaluator” or “QME.” The QME will also detail your work restrictions to allow your employer to determine if they can re-employ you.

For this and many other purposes, an attorney can help insure you’re evaluated by the right doctor in the right area of specialization. Very rarely and, for very technical reasons, would I ever advise a client to use an orthopedist as a QME. It is VERY important for you to choose the right area of medical specialization. Do NOT allow the insurance carrier to choose the doctor. They know the reputations and biases of the various doctors whereas you do not. Many QMEs are very conservative in their perspective of whether an injury occurred as well as the levels of impairment that it caused.

If you do not respond quickly to an offer to see a QME, you will be at a significant disadvantage by allowing your employer or their insurance adjuster to choose the area of medical specialization and/or doctor in your case.

The QME details your medical restrictions for purposes of the “interactive process” noted just below and to allow your employer to determine if you can return to work for them again.

If your employer has five or more employees, he or she must proceed with a legally required “Interactive Process.” This is a formal discussion with you about your work restrictions and, if there is an available job within those restrictions that you are qualified to do, your employer must offer it to you as an alternate job or modified job.

Regardless of how many employees your employer has, for injuries after 2012, once your condition stabilizes, and becomes “permanent and stationary” or reaches maximal medical improvement, your employer must offer you a job paying 85% or more of your pre-injury earnings, guaranteed for a year, and close to your former work site. If your employer doesn’t make that offer for any reason, including, of course, your medical restrictions, you are entitled to payment for retraining under Section 4658.7 of the California Labor Code. This includes payment for tuition, fees, books, and other expenses for retraining. In addition, licensing and professional certification fees, exam, and exam prep fees are also included where applicable, BUT only up to $6000. (The rules are different for pre-2013 injuries.)

If your employer takes any action against you, including declining to rehire you for the sole reason that you have filed a claim, they are guilty of discrimination under the Labor Code.

While you have legal protection under the California Workers’ Compensation Laws, workers’ comp and disability claims have strict requirements about how and when to file as well as a variety of different deadlines that must be met. In addition, it can be confusing when it comes to the different types of disability that you may be entitled to — workers’ comp benefits, temporary vs permanent disability benefits, EDD State Disability benefits and Social Security disability benefits. Your best option to successfully navigate the claims process is to retain the services of the skilled attorneys at Gold Country Workers Comp Center.

Get our advice

Serious injuries in the workplace often result in an employee being unable to return to the same job that he or she did before the accident. While recovering from your injury should be your top priority, the thought of not being able to return to your current job and what that will mean for your future can be distressing.

Contact workers’ comp attorney Kim LaValley at Gold Country Workers’ Comp Center to schedule your free consultation. Our compassionate and knowledgeable staff will work diligently to ensure that you receive all the compensation and benefits to which you are entitled.

What if You’re Unable to do the Same Job After an Injury?

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