Gold Country Workers’ Comp Center

September 17, 2019September 23, 2019

Why You Need The Top Workers Comp Lawyers On Your Side

If you have been injured at work, you will want the top workers’ comp lawyers available to help you receive the benefits you are entitled to. The time following a work-related injury can be extremely stressful and uncertain.

Depending on your injury, you may need extensive medical care and will be unable to work. Lost wages and medical costs can quickly put you and your family in a precarious position. Workers comp can help pay for your medical bills and get you on the road to recovery.

Unfortunately, the process of claiming your workers’ compensation benefits can be extremely challenging. One missing document or missed deadline could cause your claim to be rejected. In addition, insurance companies will try to pay out as little as possible.

These are just some of the reasons why you should hire an experienced workers’ compensation lawyer to help with your claim. Below are some more reasons why hiring a workers comp attorney is recommended.

If you would like to speak with a California workers compensation center that employs some of the top workers’ comp lawyers in the state, be sure to contact Gold Country Workers Comp Center today.

When Surgery Is Required

In some instances, an employee’s injury may require surgery to treat. If your work-related injury requires surgery the insurance company will try harder to deny your claim.

The insurance company will closely scrutinize your claim for any reason to deny it. Hiring a workers comp lawyer will ensure that your claim is letter-perfect for approval.

Workers Comp Lawyers and Permanent Injury

If you sustained a serious injury at work, you may be entitled to permanent disability benefits. Cases like these can be extremely expensive and insurance companies will create many barriers for claimants and their families.

Navigating these barriers can be extremely challenging, especially during the stressful recovery period. Hiring top workers comp lawyers to handle your claim will help you navigate these challenges.

Your workers’ comp lawyer will have the experience to handle any barriers the insurance company may place in your way.

Pre-Existing Disabilities and Claims

When an employee with a pre-existing disability is injured on the job, it is much harder for them to obtain the benefits they are entitled to. This is because the insurance companies will argue that the accident was caused by the employee’s disability rather than employer negligence.

Cases like these are difficult to prove without medical opinions. A workers comp lawyer can collect important medical evidence, including expert testimony, that can make the difference between receiving your benefits and being denied.

Workers Comp Lawyers Represent You at Trial

In the event that an agreement cannot be reached with the insurance companies, your workers’ comp claim can be taken to court. Workers’ compensation court is similar to other court trials.

Motions must be filed and evidence presented. The top workers comp lawyers will represent their clients in court and understand the challenges that can arise in trial.

Top Workers Comp Lawyers

September 9, 2019October 7, 2019

Understanding Workers Comp Benefits

Are You Unable To Work? Get Workers Compensation

The workers’ comp benefits offered following a work-related injury are essential to helping you during this very stressful time. A workplace injury can force you to stop working and the lost wages along with healthcare costs can quickly drain even the most prepared family.

Fortunately, workers compensation is designed to help alleviate some of these concerns and help you get back on your feet. The following article will highlight how workers comp benefits work and how you can claim them.

It is important to remember that it is always recommended that you hire a California workers’ compensation attorney to assist you through the process. The experience and skill of a workers comp lawyer can help you get the benefits you are entitled to. Be sure to contact Gold Country Workers Comp Center if you have any more questions.

How To Claim Workers Compensation

Workers comp (often mislabeled “Workman’s Compensation” or “Workman’s Comp”) is a kind of insurance that employers carry to protect themselves from legal liability in the event that an accident occurs while an employee is providing any expected service to the employer, whether in the workplace during working hours or not. The injured worker is legally entitled to workers’ comp benefits to help pay for medical bills, current/future economic losses due to the injury, dependent benefits, and disability payments.

The benefits you receive are based on the circumstances surrounding the work-related injury, the nature and extent of your injury, your average earnings and the admissible medical evidence (not all medical reporting is admissible). If your employer is illegally uninsured, you can both accept workers’ comp benefits from the insurance company AND sue the employer in civil court for negligence, which by law, the employer cannot defend by arguing you assumed the risk of injury or were in whole or part negligent yourself in causing the injury.

Insurance companies will virtually never offer what you are really entitled to, however. This is why it is important to hire an experienced workers comp lawyer to ensure you receive what you deserve.

Receiving Your Workers Comp Benefits

It may seem tempting at first to simply accept whatever settlement the insurance company offers you. However, this is not recommended. The insurance company will do everything they can to pay out as little as possible to workers comp claimants. And insurance claims adjusters know about how to influence the evaluation process against you, as well as how to convince you that you are getting everything you are entitled to, AND often will discourage you from seeking legal advice.

Adjusters know the system well and also employ a team of skilled lawyers that are virtually impossible for a layman to negotiate with. You may also need to take the claim, or part of it, to trial. A workers comp attorney is committed and trained to fight for the benefits you are entitled to and will virtually always produce a better result even accounting for their fee.

They can also reduce the likelihood that your claim is rejected in the initial stages after injury. The letters and information the adjuster sends to injured workers is complicated and difficult to understand. This problem often leads to missed deadlines and incomplete filings which the insurance company will take advantage of.

Hiring a workers comp lawyer will ensure every necessary document is filed and on time. A workers comp lawyer will represent you during the negotiations with the insurance company lawyers. They understand how the insurance companies work and can help you during the negotiations.

In some cases, the claim may be taken to trial. Your attorney should not hesitate to try even small issues. If this occurs, your workers’ comp lawyer will represent you through the trial and can take care of all the proper motions and filings.

Never go after your workers’ comp benefits on your own and never settle for what the insurance company initially offers you. Contact Gold Country Workers Comp Center today to learn how we can help you receive the benefits you deserve and alleviate some of the pressure during the stressful time following a work-related injury. Call for a free consultation: (530) 362 7188.

Workers Comp Benefits

August 27, 2019September 13, 2019

Helpful Tips for Choosing a Workmans Compensation Attorney

It is always highly advisable to hire a workmans’ compensation attorney soon after suffering a work-related injury. Workers’ compensation can be thought of as a kind of medical and disability insurance coverage for employees who get injured while on the job.

When an accident occurs at work, or you miss time due to a medical condition caused by cumulative trauma at work, you as the employee have the right to file a claim versus your employer without reference to whose action or inaction caused the injury. It doesn’t matter if the accident was indeed due to your negligence, your employer’s negligence or when nobody is negligent. You are still entitled to receive the same compensation through the form of weekly payments in place of lost wages and an payment of medical treatment bills.

In the event that the employee dies within 5 years of the date of the work related injury or exposure to toxins, and the injury or exposure contributed if only slightly to causing the death, the “dependents” of the worker will receive scheduled benefits depending on the nature and extent of the dependency. Dependents need not be blood relatives. “Dependency” is defined in the Labor Code of California and it is a very different definition than used in dealing with tax issues.

Most people do not have comprehensive knowledge of their state’s and federal workers’ compensation laws. Without representation in a serious injury situation, you will almost certainly end up getting less than you are entitled to or your claim may be denied outright.

A workmans’ compensation attorney can help you every step of the way and negotiate with the insurance companies on your behalf, and litigate when needed. Continue reading to learn how to choose a workers comp lawyer with your interests in mind.

If you have any questions or are ready to consult a workers’ comp attorney in California, be sure to contact Gold Country Comp Center today.

Your Workmans’ Compensation Attorney Should Have Experience Handling Cases Like Yours

It is important to remember that no two workers compensation cases are alike. Despite this, a workers comp attorney should have some experience handling a case similar to yours. Workers’ Compensation law is very different from all other types of law, and only experienced specialists understand how to protect and advance the interests of an injured worker.

When discussing your case with a potential workers comp attorney, be sure to find out as much as you can about their experience in workers’ compensation law. If the attorney has been practicing for a long while, chances are they have handled cases similar to yours in the past.

Experience extends into negotiating with the insurance companies on your behalf. Employers will typically pay premiums to a workers’ compensation insurance company or if they are a very large and profitable company, they can provide the benefits themselves. The State of California is legally uninsured. They can just tax as needed to pay workers’ compensation benefits!

Workers’ Compensation and Insurance Companies

When you are injured due to a work-related accident, your claim will almost always be processed, handled, and paid by an insurance company. Dealing with the insurance company on your own can be extremely difficult. Their representatives know the law, the procedures, and how to take advantage of unrepresented workers.

The insurance company employs a team of highly experienced claims adjusters and attorneys working to pay as little of your claim as possible. When you hire a workmans’ compensation attorney, they are able to negotiate with the insurance company’s lawyers.

This is why it is so important to ensure that your workers’ comp lawyer has experience in this field. If a settlement is unable to be reached, then your claim can be taken to trial.

Workers’ Compensation Court

In some cases, your workers’ compensation claim may need to be taken to court (or in California, a judge at the Workers’ Compensation Appeals Board) if a fair and reasonable settlement cannot be reached with the insurance company. Any workers compensation attorney you choose to work with should have courtroom experience.

While all attorneys licensed to practice in California can handle a workers’ compensation claim. But because Workers’ Compensation law is different both substantively and procedurally from all other areas of law, the attorney you consult with should also have solid and extensive experience opposing insurance companies. Your attorney will represent you during negotiations and trial and fight to ensure that you receive the benefits you are entitled to.

Attorney’s cannot charge or collect a fee from a workers’ compensation client without a judge’s approval, and fees are a small percentage of the benefits the attorney wins for the client.

Workmans Compensation Attorney

August 8, 2019September 3, 2019

How a Work Injury Lawyer in Yuba City Can Help You

You may be searching for a work injury lawyer in Yuba City following a work-related injury. The time following a work-related injury can be extremely stressful for you and your family.

Along with physical injuries and pain, you will also have to deal with lost wages and usually combative but always “cheap” insurance companies. All of these factors can leave you without the much-needed benefits you are entitled to.

A workers compensation attorney works closely with you and fights to get you the benefits you deserve. Their expertise can guide you through every step of the process.

This crucial support can alleviate the stress following a work-related injury and allow you to focus on recovery. The following article will examine why you should consider a workers comp lawyer in Yuba City and how one can help you.

If you have any further questions or would like to schedule a free consultation to discuss your case, be sure to contact Gold Country Comp Center for help.

Workers Comp Lawyers Gather Important Evidence

When you are injured at work, it is extremely important that you act quickly. Pertinent people, like your supervisor, human resources, and others, must be made aware of your injury. You probably will be barred from getting any benefits if you are terminated before you report the injury.

When a work injury occurs, it is important to collect all relevant information. Hiring a work injury lawyer in Yuba City will ensure that all the evidence needed to build your case is collected.

The workers’ comp lawyer will collect medical records, expert testimony, and other evidence for you.

Negotiate With Insurance Companies On Your Behalf

Although it is entirely possible to pursue your workers’ compensation benefits on your own, it is highly discouraged. There are a number of steps and procedures that must be followed to ensure your claim is not rejected.

The most common reason why workers’ comp claims are denied is because of missing paperwork. Another factor that can be a roadblock to you receiving your benefits is the insurance company who will be too slow to investigate and review your claim before providing benefits.

Most employers pay premiums to an insurance company to handle workers’ compensation claims and benefits. The insurance companies are adamant about paying out as little money as possible in regard to claims.

They employ a team of highly experienced claims adjusters and lawyers that understand the intricacies of workers comp law. Trying to negotiate with the insurance company on your own is never recommended.

Your workers’ comp lawyer understands the possible pitfalls of negotiating with the insurance company’s lawyers. They will fight tooth and nail to ensure you receive the benefits you deserve despite the pressure from the insurance company.

If a settlement cannot be reached, there are further steps your lawyer can take.

Your Yuba City Work Injury Lawyer Will Go To Trial For You

If a settlement is unable to be reached, the workers’ comp claim can be litigated in court. A workers comp trial is similar to other trials with some key differences.

During the trial, your Yuba City work injury lawyer will be able to file motions and present all relevant evidence to the judge. With their knowledge of workers comp court, which in California is called the Workers’ Compensation Appeals Board, they make the best representative for your claim.

Give yourself and your case the best chance. EARLY INTERVENTION WORKS! Please call Gold Country Comp Center at 530-362-7188 to learn more.

Work Injury Lawyer Yuba City

July 31, 2019August 29, 2019

Types Of Workers Compensation Disability Benefits

Workers’ compensation disability benefits are designed to assist employees that have been injured while at work. The time following a work-related injury can be extremely stressful for you and your family.

Lost wages, medical bills, and a painful recovery are all challenges that you could face. Fortunately, workers’ compensation exists to alleviate these challenges. Still, most people do not have a full understanding of the different compensation benefits that may be available to them following a workplace injury.

The following article will highlight some of the common workers’ compensation benefits that you may qualify for.

Remember, a workers’ compensation attorney can assist you through the workers’ comp application process every step of the way. If you have any more questions or would like to speak with an experienced California workers compensation lawyer, be sure to contact Gold Country Workers Comp Center for help.

There Are Two Types of Injuries:

California law recognizes two types of industrial injuries and provides the same Workers’ Compensation benefits for either type of injury. One injury type is a specific injury, like I fell off a ladder or hurt my back lifting something heavy. California law also recognizes injuries caused by repetitive or cumulative trauma to any bodily part or system, or due to cumulative longer term exposure to something that causes injury plus a need for medical care or medical need for time off of work. Both injuries require action to avoid a problem with the statute of limitations which is the deadline by which time you must formally file paperwork or be forever barred from ever claiming compensation due to your work related injury.

Available Workers’ Compensation Disability Benefits

There are four main benefits available to employees who have been injured at work. Each benefit is designed to assist you through the process of recovering while you are unable to work. These four available benefits are:

Payment for medical treatment tied to the work-related injury, which includes mileage reimbursement or provided transportation to and from doctors’ office visits, the pharmacy, therapies and evaluations, including parking, bridge tolls, and even hotel and meals if necessary;
Weekly total or partial Temporary Disability checks;
Potential opportunities for vocational retraining and education; and
Compensation for permanent loss of function and/or scarring from injuries, better said as partial (or total) permanent disability checks

Partial or Total “Temporary” Disability Benefits — Partial or Total “Permanent” Disability Benefits

For most employees who have been injured at work, there will come a time when they will return to work. Whether you continue working for your old employer or a new one, your Temporary disability benefits will cease once you return to work OR are deemed medically to have achieved “Maximum Medical Improvement” (MMI) OR receive 104 weeks of payments. Do not refuse modified work unless the demands exceed the work restrictions your doctor imposes.

You may, however, qualify for partial disability benefits if the injury sustained at work prevents you from earning as much money as you were prior to the injury. These TD or partial TD payments are calculated at 2/3 of your wage loss compared to average pre-injury weekly wages, with a legal maximum and minimum weekly payment. Seasonal workers are not paid anything during their off season unless they can prove they would have worked off season absent the injury.

Once you achieve MMI status, Partial or Total Permanent Disability payments should be made. These are checks paid weekly for a certain number of weeks. The number of payments depends on the rating percentage a specialized evaluating doctor reports using the points as scheduled in the AMA Guidelines to the Evaluation of Permanent Impairment 5th Ed. this is a 600 page book of charts, graphs, tables and text about how disability points are to be assigned. Pain and suffering usually do not count for much. The impact on your ability to work is not counted at all. If you are rated at 70% or more, after payment of the PD payments, you will also receive a lesser weekly check for life. If you are found to be 100% disabled because of the work injury, you will be paid or TD rate for life.

Benefits After Returning To Work

One of the most common questions employees have is whether they can return to work and still receive their workers’ compensation benefits. Although some benefits may be terminated after you return to work, there are others that you are still entitled to receive. If you RTW making less than before, you still may receive all benefits.

This is because you do not need to be totally disabled to still need compensation for wage loss and you may require ongoing medical treatment. You may also have a permanent impairment that entitles you to workers’ compensation disability benefits.

Following a Lump Sum Settlement

In some cases, injured employees may enter into a settlement agreement that is often referred to as a lump sum settlement or “Compromise and Release.” If you enter into this type of settlement, you will no longer be entitled to receive any further disability benefits.

You would also not receive compensation for the permanent loss of function and scarring. Some settlements (depending on the language of the settlement) may allow you to have some of your medical treatment paid.

Your medical treatment could still be paid by the workers’ compensation disability insurance company and you may even receive vocational retraining or education.

As mentioned above, a California workers’ compensation attorney can assist you and ensure that you receive the benefits you are entitled to. EARLY INTERVENTION WORKS!

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