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Should You Call a Workers’ Comp Attorney?

Get Fair Compensation for your Workers Comp Case

If you suffered an injury while on the job, one of the first questions you’ll ask yourself is should you call a workers’ comp attorney. While the workers’ compensation system should be an easy one for workers to navigate, the claims process is not always that simple and can become confusing and frustrating. Even if you only suffer from a minor injury that requires minimal treatment, you can benefit from enlisting the services of a workers’ comp attorney early on in the process.

Failing to get legal advice can be very costly. Almost weekly, I am contacted by someone wanting legal advice about a Workers’ Compensation claim that is nearing resolution. And, more often than not , they have made mistakes, some very serious, that the insurance company has exploited to the company’s considerable advantage. And, the dollar value of these mistakes often far exceeds any attorney’s fee that would have been charged.

My name is Kim LaValley, and at Gold Country Workers’ Comp Center, I will meet with you for a free consultation. My firm will fight to get you the compensation that you deserve. By calling our workers’ comp phone number and obtaining our legal services at the outset of your claim, you’ll have the benefit of our expert legal advice and representation throughout the entire process.

How we can help

Kim will advise you as to whether you need an attorney at the outset or not. Even if your case isn’t accepted for one reason or another, you will benefit greatly from gaining an understanding of your basic rights and by becoming aware of the events that should trigger a call for more legal help.

Kim LaValley at the Gold Country Workers’ Comp center doesn’t charge by the hour. We work on a contingency basis which means that we receive a percentage of any benefits that they help to secure for you. Most states place a cap on attorneys’ fees in workers’ comp cases. The typical contingency fee in workers’ comp cases in California is between 9% and 15%.

Your first consultation

Consulting with an workers comp attorney early on helps to ensure that you get all the benefits to you which are entitled and that those benefits flow smoothly to you without any disruptions. Kim LaValley has 40 years of experience as a practicing attorney. I have a very good understanding of workers’ comp and disability law and am very knowledgeable when it comes to negotiating with insurance companies.

Should You Call a Workers’ Comp Attorney?

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Tell us About Your Situation

California Workers Compensation Lawyer

There are many situations in which it’s in your best interest to hire a workers’ comp attorney if you’ve been injured at work. Most of these involve disputes with the insurance company and may include the following:

  • You’ve suffered an injury or disease and don’t know whether you have technically been injured “on the job” or not. If in doubt, ask!
  • Your claim is denied or delayed
  • Lost wages and/or medical bills are not completely covered, or if paid, are paid at a rate below what the law requires
  • You receive a notice that your disability benefits are ending
  • The claims adjuster has offered you a “QME.” (A “Qualified Medical Examination” is a critical juncture in a Workers’ Comp claims process) DO NOT LET THE ADJUSTER CHOOSE EITHER THE AREA OF SPECIALIZATION OR CHOOSE THE SPECIFIC DOCTOR TO EVALUATE YOUR MEDICAL CONDITION FOR ANY PURPOSE
  • The claims adjuster wants to take a recorded statement from you
  • You can’t return to the same position or cannot work at all
  • You have sustained permanent injuries and need permanent disability benefits
  • Medical treatment is denied
  • You may have an additional claim vs. a 3d party, or your employer acted in such a way that you are entitled to penalties

Additionally, if you receive benefits from Social Security, or EDD/State Disability, the SSA or EDD may be entitled to a large part of your workers’ comp benefits if your settlement is not structured properly.

Finding the Right Assistance

Whatever your situation, Kim LaValley and the staff at Gold Country Workers’ Comp Center will work diligently to make sure that you’re getting the best legal representation available and that you’re fully and fairly compensated.

We promise you will feel secure and protected, solid in the knowledge that we’ve got everything covered for you and that we’re doing everything that can be done to support you. Our staff will help you explore and pursue other sources of financial support during this difficult time.

Our phone number is…

Early intervention in a workers’ comp case works. The rules and regulations of the workers’ comp system are often complex — lots of paperwork is required, and there are deadlines and legal time limits that need to be met. Employers and insurance companies spend a lot of time and money in an effort to minimize their financial obligations to you; in other words, they’re not looking out for your best interests.

If you’ve decided to get legal representation, you want to hire the best workers’ comp lawyer to ensure the success of your claim. That would be Kim LaValley at Gold Country Workers’ Comp Center. Call our workers comp attorney phone number if you’ve suffered an injury at work. Call now to schedule your free consultation today.

Tell us About Your Situation

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Is Your Workplace Safe?

California Workers Compensation Lawyer

It is the responsibility of your employer to provide a workplace that is free from hazards and unsafe conditions. The Occupational Safety and Health Act of 1970 requires employers to maintain a workplace that is free of dangerous health and safety conditions that can result in illness, injury, or death and grants employees several important rights if violations occur.

But, is your workplace safe? Some signs that could indicate safety problems in the workplace include:

  • Lack of leadership – workers are not given proper safety training; supervisors are not ensuring that safety protocols are being followed
  • Lack of safety equipment – workers have not been provided with adequate safety equipment such as goggles, helmets, gloves
  • Poorly maintained equipment — broken or malfunctioning equipment is not repaired or removed from the workplace
  • Health problems — persistent respiratory issues and headaches could indicate unsafe environmental conditions from chemicals, gas leaks, radiation, etc.
  • Physical conditions of the workplace — poor lighting, wet, slippery, and uneven floors represent potentially dangerous conditions
  • Injured employees — too many injuries are occurring on a regular basis

Your employer has a duty to take the proper actions necessary to remedy any and all issues to prevent accidents and provide a safe working environment. If you have been injured on the job, you are entitled to receive workers’ compensation benefits. Obtaining early legal representation can be critical to the success of the claims process.

Hidden danger

While some hazards and unsafe workplace conditions are easier to assess such as poorly maintained and faulty equipment, inadequate training procedures, or a lack of safety equipment, there are less obvious, hidden dangers at work that are often overlooked and can result in workplace injuries. These include clutter, electrical and extension cords, poor air quality, and improper stacking and storage.

In addition, there are two situations where an employer’s failure to provide a safe workplace that subsequently results in an injury provides the employee with greatly increased payments in the nature of a penalty. One such situation occurs when the guard on a power press is removed or not properly installed by the employer, thus causing an injury which allows the employee to sue the employer in civil court.

A second situation occurs when the injury is the result of a “serious and willful” act or omission on the part of the employer to provide a safe workplace.

It’s very important to be aware of your surroundings so you know how to tell if your workplace is safe. If you become aware of workplace safety hazards or risks, you need to inform your employer or supervisor. They are legally obligated to remedy the conditions.

If you’re injured on the job as a result of these violations, you can file a claim for worker’s compensation and may have legal grounds to sue for negligence on the part of your employer.

Obvious violations

Workplace safety should be a top priority in any business or industry. A safe workplace environment is a more productive one. Unfortunately, workplace safety violations often result in employee injuries and deaths. Some of the more common safety hazards include trip and fall accidents that can result from cleanliness issues in the work environment, visibility hazards for drivers working with heavy machinery, poor equipment maintenance, lack of proper respiratory protection, and hazard communication.

If you’ve been injured in the workplace as the result of a workplace safety violation by your employer, you are entitled to receive workers’ compensation benefits. The attorneys at Gold Country Workers’ Comp Center have years of experience litigating workers’ comp and disability cases. Kim LaValley and staff are familiar with every step of the process of filing a workers’ comp claim and will make sure that you receive any and all compensation to which you are entitled.

Contact our office to schedule a free consultation today.

Is Your Workplace Safe?

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Workers’ Comp Claims for Broken Bones

California Workers Compensation Lawyer

If you were injured in the workplace and sustained a fracture, you are entitled to workers’ compensation benefits. Broken bones are one of the most common types of work injuries and can be the result of a variety of workplace accidents including, but not limited to, a fall from a height, a motor vehicle accident, a slip, and fall accident, or being struck by falling objects or equipment.

When you suffer from a broken bone due to a workplace accident, you may miss days, weeks, or even months from work, depending on the severity of the break. In some cases, the fracture(s) is severe enough to affect other parts of your body such as muscles, organs, and nerves. A catastrophic injury involving broken bones could prevent you from being able to return to your job.

Regardless of the how the break occurred or the severity of your injury, you need to receive adequate financial compensation in order to be able to make a full recovery. The high costs of medical treatment combined with the stress and insecurity that comes with the loss of income can put you and your loved ones in a difficult situation.

That’s why it’s crucial that you enlist the services of an attorney who is experienced in workers’ comp and disability law as soon as possible. At Gold Country Workers’ Comp Center, attorney Kim LaValley and staff will work diligently to ensure that your best interests are represented and won’t charge a fee until the entire process has been completed.

From filing your application for workers’ comp to acquiring and presenting evidence supporting your claim to working to negotiate a settlement, we will make sure that you get the medical treatment and financial protection to which you are entitled under the law.

This is going to take longer than 4 to 6 weeks

Most injuries involving broken bones involve immobilization — splints or casts and minimal activity. It can take anywhere from 4 to 6 weeks for a broken bone(s) to heal. A more severe break may even require surgical intervention, resulting in a longer recovery period plus higher medical costs.

Under the California laws, employers are required to provide full compensation to all employees with very limited exceptions. The types of benefits to which you may be entitled to include:

  • Medical care
  • Temporary disability benefits
  • Permanent disability benefits
  • Financial support for retraining if you’re unable to return to your previous job

The workers’ claim process can be complicated due to the all of the paperwork and documentation involved, the tight deadlines and strict requirements for filling. Therefore, you need to take that important first step and contact Gold Country Workers’ Comp Center to discuss your case with Kim LaValley. The initial consultation is free!

Your attorney for workers’ comp claims

As an experienced attorney for workers’ comp claims, Kim LaValley is very knowledgeable when it comes to the California laws as they apply to workers’ comp and disability. If you’ve suffered from a workplace injury that’s resulted in broken bones, contact our office to schedule your free consultation.

Early intervention works.

Workers’ Comp Claims for Broken Bones

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Police Officers Injured on the Job Have Legal Rights

California Workers Compensation Lawyer

Police officers and firefighters injured on the job have legal rights, and they are generally better than those accorded “civilians.” Some of these “extra” rights are available to “civilians” working for the Dept. of Corrections and Rehabilitation.

All employees are eligible to apply for workers compensation in the event that they suffer an injury while on the job. Above that, injured on duty police officers are covered under a special section of the California Labor Code. The nature of the job is such that law enforcement officers run a greater risk of suffering mental or physical health issues while on the job. Therefore, the law provides a higher level of compensation for injured officers.

Firefighters run a greater risk of respiratory/lung injuries, and those working within the walls of correctional facilities have regular contact with inmates and have some “custodial duties” which put them at greater risk of stress-related heart disease. Therefore, the Labor Code and various court opinions also support a legal presumption that certain types of injuries are work related.

(This “presumption” means that the burden of proof is shifted to the employer who has to prove the injury is NOT work related, an extremely difficult thing for the employer to prove.)

Non-public personnel employees who file workers comp claims in the State of California are entitled to a maximum of two-thirds of their pay for the period of one year. However, an officer of the law who is temporarily completely disabled and unable to perform the job can receive his or her full salary for up to a year.

Full salary for one year

All public employees designated as “Safety Personnel” by the legislature are eligible for specific workers comp rights. A deputy sheriff or police officer may receive his or her full salary for one year without taxes deducted following a work-related injury. Furthermore, the benefits may start and stop and do not need to be continuous. It’s important to know your workers comp rights should you be the unfortunate victim of a police officer injury.

Safety Personnel, firefighters and “civilians” with those duties noted above are entitled to a presumption that heart trouble of almost any kind is related to their work.

Your first order of business is to report the injury or injuries to your supervisor, and file a claim when you’re able. Because the Labor Code has changed in recent years, it can be confusing to try to understand exactly what your rights are under that law. At Gold Country Workers Comp Center, we have extensive knowledge of and experience in dealing with the workers compensation system for safety personnel. We can guide you through the process and ensure that you are fairly compensated.

Knowing the law

Kim LaValley, a well-respected workers compensation attorney in California, has spent the better part of the past forty years focusing solely on workers compensation and social security law. He and the staff at Gold Country Workers Comp Center have a successful track record in settling cases with favorable results.

Currently, Mr. LaValley is litigating a case that will help bolster the applicability of the “presumption” of industrial causation for heart problems suffered by “civilians” who work with prisoners in the prison system. While the State of California’s attorneys are working hard to avoid having this presumption embedded into regular legal principles, he is very optimistic that he will prevail.

If you need information about workers comp for injured police officers or deputy sheriffs, call today for a free consultation. Get the peace of mind knowing you’re being represented by the best.

Police Officers Injured on the Job Have Legal Rights

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