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The First Step You Take After an Injury is the Most Important

California Workers Compensation Lawyer

If you’re a California resident and have been injured on the job, you need to know how to file a workers’ comp claim in California. CA workers’ comp laws require employers to provide medical treatment and pay workers’ comp benefits to injured employees. These benefits are for medical treatment and care, replacement of lost income, and long-term disability treatment and rehab services if needed. Death benefits are also available to the surviving family members of the deceased.

First and foremost, you should seek immediate medical treatment for your injury or illness. Make sure that any medical documentation includes the fact that you’re being treated for a work-related injury or illness.

There are several steps to filing a workers’ comp claim in California.The filing process for a California workers’ compensation claim begins when you inform your employer of your injury or illness. You must do so within the 30-day statute of limitations that is mandated by the state of California.

How to file a workers comp case in California

It is important and in your best interest to know how to file a workers’ comp claim in California.To officially make your claims, you must fill out and file several documents:

  • DWC-1 Workers’ Compensation Claim Form and Notice of Potential Eligibility
  • Application for Adjudication of Claim
  • Declaration Pursuant to Labor Code
  • Document Cover and Separator Sheets

Your employer is required to provide you with claims forms within (1) day of you having reported your injury. Under California law, filing a claim must take place within one year from the date of your injury.

The most common types of cases in California include one-time accidents such as slip-and-fall accidents, being struck by an object, and vehicular or machinery accidents. Specific scenarios include slipping and falling on a wet or icy surface or being struck by a falling beam. Repetitive motion injuries such as carpal tunnel syndrome and work-related stress were the second and third most common cases.

Getting everything you need and deserve

The process of filing a workers’ compensation claim and getting workers’ compensation benefits can be confusing and overwhelming. There is a lot of time-consuming paperwork involved — the claims forms themselves, medical statements, witness statements, if applicable, insurance forms. And, unfortunately, legitimate claims are often denied by employers or their insurance carriers. Remember — the insurance company is not looking out for your best interests because they want to reduce the costs to your employer.

Gold County Workers Comp Center specializes in workers’ compensation and disability claims and will work on your behalf to protect your legal rights and to make sure that you are getting the benefits that you deserve. We are skilled at engaging in productive negotiations and structuring settlements or going to trial if necessary.

Getting an attorney involved early in the claims process is critical to its success. All of our fees are contingent upon a successful resolution of your case. Contact our office for your free initial consultation.

The First Step You Take After an Injury is the Most Important

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The Most Common Workers’ Comp Claims Are…

California Workers Compensation Lawyer

Workers’ compensation is a claim and benefits system established for workers who become ill, are injured, or die while on the job. Workers’ comp is actually a type of state-mandated insurance purchased by employers as coverage for their employees, each state having its own individual program. Benefits may include medical expenses, death benefits, lost wages, and rehab services.

The most common types of workers’ comp claims include:

  • Slips, trips, and falls
  • Vehicular accidents
  • Repetitive strain
  • Machinery accidents
  • Overexertion
  • Being struck by an object

Types of injuries that are most commonly seen in workers’ comp cases are strains and sprains, cuts or punctures, contusions, inflammation, fractures, and repetitive stress injuries such as carpal tunnel syndrome and tendonitis.

As a general rule, these are clear cut cases because workers’ comp is a “no fault statute” which means that, with few exceptions, who caused the injury is not crucial to an injured employee being able to get benefits.

Filing a claim with your employer if you’ve been injured on the job should happen as soon as possible and within the statutory deadlines mandated by the state in which you reside.

Where does your case fall?

Among the types of workers’ comp claims, the top 3 most common workers’ comp claims are:

  • Overexertion — usually happens when an employee lifts, pushes, or pulls something beyond his or her normal range of motion
  • Slips, trips, and falls — occur most often due to wet, slick, or uneven surfaces, poor lighting, other maintenance concerns
  • Falling to lower levels — occurs when an employee falls off a ladder, a roof, scaffolding,or down a flight of stairs

Your workers’ comp case may be similar to the aforementioned examples in which case you’ll want to file a claim ASAP.

Filing a claim involves several steps, the first being to seek immediate medical treatment. Make sure that you notify your employer in writing, fill out an official form which should be provided to you by your employer, and keep detailed records concerning all medical treatment. You should also keep receipts for any out-of-pocket expenses that are related to your injury.

Fast results

If you’ve suffered a work-related injury, in can be a frightening and confusing time. You’re injured, you can’t work, and you’re worried about how you’re going to pay your bills without any income.

To ensure that your rights are protected and that you get adequate compensation, you should contact an attorney who specializes in workers’ comp injury cases, especially for more complicated cases such as those resulting in severe injuries requiring surgery, a permanent disability, or if you have pre-existing disabilities, for example.

At Gold Country Workers’ Comp Center, we’ll advocate on your behalf to ensure that you receive all of the benefits to which you are entitled. Additionally, if you have sustained an injury that may keep you from working permanently, we can advise you about filing for Social Security disability benefits, too. Contact our office to schedule a free consultation.

The Most Common Workers’ Comp Claims Are

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The Workers Compensation Case Process

Workers Compensation Center in Roseville

Federal law states that, when an employee becomes the victim of a serious injury or is sickened at work, they’re entitled to receive compensation until they’re able to return to their job. On top of federal regulations, each state has its own rules and procedures when it comes to workers comp cases, and these can be confusing for a “layperson” to navigate. For those that need assistance, there are attorneys that not only specialize in this area of the law but do not take any compensation for themselves until the case is successfully resolved.

Given these facts, it’s easy to see why a recent study conducted by Lawyers.com found that nearly 3/4 of all workers injured on the job in California enlisted the help of an attorney to assist them through the workers compensation process. No matter how good of a relationship one has with their employer when an employee files a claim, they’re applying for reimbursement from their employer’s insurance company. And, insurance carriers are profit-driven companies who are looking out for their own interests. Therefore, it’s recommended that the injured party do some research to find out who the best workers comp attorneys are in their area.

Gathering the facts

At Gold Country Workers Comp Center, our motto is “document, document, document.” We strive to record any and all worker’s compensation case facts. No detail is too small or insignificant, and it’s important to make note of them as close to the date and time that the injury occurred as possible. This is because cases can go to court months or even years after the incident occurs, so it’s critical to record everything when it’s still fresh in people’s minds.

It’s well known that people’s memories can be unreliable over time, so it’s vital to take written statements from all witnesses directly after the incident. There are also other ways to corroborate the injured party’s accounting of the facts. Nowadays, many office buildings are equipped with video cameras that may provide recorded evidence.

Taking action

The workers compensation case process can move slowly, which is agonizing for someone who is disabled and waiting to receive income for lost wages. That’s why it’s advisable to contact a workers comp attorney who can take the helm and move things along while the injured employee is recovering.

If you’re wondering if and when to call an attorney, feel free to contact the compassionate and experienced staff at Gold Country Workers Comp Center for a free consultation. We have expertise working with the insurance companies and will work vigorously to make sure you’re compensated fairly.

The Workers Compensation Case Process

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Why You Shouldn’t Use a Template for Lost Wages

Workers’ Compensation and Disability in Roseville

In the state of California, all employers with one or more employees are required to carry workers compensation insurance. If you’ve suffered an injury or illness while on the job, you’re entitled to be reimbursed for income lost during the time that the you were unable to work. After getting a medical release from your doctor and submitting notice to your employer regarding the injury or illness, you can discuss collecting wages from missed work.

At this stage in the process, your employer or another party may encourage you to calculate this amount using pre-written lost wages letter templates. We recommend that you do not use one of these forms when submitting a workers comp claim because there is often more to the story than lost wages alone. For example, the fact that you’re unable to work might cause you to lose out on a bonus or a promotion to a higher paying position or commission on a sale. Since these are factors that often are overlooked by the employer’s workman’s compensation insurance carrier, you’re best off enlisting the help of an experienced workers comp lawyer.

The folks at Gold Country Worker’s Comp Center have spent years building expertise in this area of the law, and can help you calculate all of the potential income you’ve lost as a result of your injury or illness.

The letter to your employer should say…

When you’re the victim of an injury or illness while on the job, you need to take immediate action. See a doctor as soon as possible, and have him or her clearly define, in writing, exactly the extent of your injuries, along with how long you will most likely be off of work as a result. Submit notification, along with your doctor’s note, to your employer right away because the process of recovering compensation takes time. Again, avoid using a lost wages letter template at this stage of the process.

All a template is designed to do is simply take your hourly rate and multiply it times the number of hours you will be out of work. However, an experienced attorney’s next steps would include careful consideration of every bit of potential income, like the items listed above and others such as pension benefits and fringe benefits, that you may lose out on because you’re unable to perform your job.

Consult with a legal expert

Dealing with workers compensation insurers is not an easy business. Their goal is to pay out the minimum required by law. The attorneys at Gold Country Workers Comp Center understand this, and they work hard to make sure you receive fair and equitable compensation for all forms of income, not just lost wages, that you’re entitled to during your disability leave.

It’s tough enough to suffer an illness or injury at work, but trying to go to battle with an insurance company on top of that is simply too much. Call for an appointment with one of the compassionate, experienced attorneys at Gold Country Workers Comp Center, and let them go to bat for you.

Why You Shouldn’t Use A Template For Lost Wages

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Types of Disability Claims

California Workers Compensation Lawyer

There are several different types of work disability claims. When an employee is injured while in the process of doing their job, they can file a claim to receive workers compensation. This is an employer-provided benefit that covers medical expenses and a portion of your salary while you are recovering from your injury. It is temporary, however.

The state provides disability benefits for people who suffer an injury that prevents them from being able to do their job, even if the accident does not happen at work. State disability benefits can be granted either on a temporary or permanent basis depending on the type of injury.

There are also examples in which your particular injury may mean that you have qualifications for both types of disability. In this case, you can choose to apply for the one that has a higher value. Since this is getting into a fairly complex area of the law, your first step should be to speak with an attorney who can clarify your options before you make any decisions.

Temporary vs. permanent

Working with an attorney will make the entire process a lot more understandable. The workers comp laws are different from state to state and year to year, and compensation varies depending on the different types of claims. At Gold Country Workers’ Comp Center, we study each case carefully to determine the best outcome for our client’s specific situation. The first decision we’ll need to make is between the ways to file.

Often in the beginning, the extent of your injury is unclear, and the medical professionals cannot yet give an accurate prognosis as to your future abilities. During this time period, we can get you started with temporary vs. permanent disability benefits. As more information becomes available, we will continue to evaluate and keep you apprised of your options to ensure you get the best possible outcome in the long run.

Working with an attorney who understands

Getting hurt, whether at work or not, can have an enormous impact on your future. Your first concern is to get better, but that’s difficult when you’re worried about your job and your finances. This is where the workers comp and disability attorney at Gold Country Workers’ Comp Center can help to set your mind at ease.

Your only job at this time is to take care of yourself and focus on the process of healing. We’ll make a thorough assessment of your options in terms of the different types of disability claims and guide you toward the one that will most benefit you in the end.

Types of Disability Claims

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