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California Disability Law Firm

California Disability Law Firm

California Disability Law Firm

There are always advantages to having a California Disability Law Firm in your contact list. Gold Country Workers’ Comp Center has the knowledge and expertise to help you through a crucial time of need—that is, when you find yourself needing to file for disability.

In fact, California residents are eligible for special programs. There is a state disability insurance program where California employers offer private disability insurance. A small percentage of an employee’s check is deducted and placed into a special disability fund. If there is ever a point where you are unable to work due to a medical conditions and cannot perform your work as you regular could, this fund can help pay for disability benefits when you can no longer depend on wages.

Employers who offer employee health insurance must offer COBRA benefits to a former employee for a period of time after they leave the job. If you were in an emergency, this could be beneficial in supplementing help while you find a better benefits program for your situation.

If you are a government employee, chances are you have a disability benefits program and maintain a special status under the law with your own disability program which can provide you with income assistance, job protection, and medical care.

A lot of people would assume that only those who had underlying conditions or disabilities they were born with will need to call a California Disability Law Firm so they can apply for a disability program, but unfortunately, disabilities can be a result from vehicle accidents, diseases developed at a later age, botched surgeries, and so on. These conditions can develop to severe levels, resulting in having to drastically lower your work hours or have to leave your job entirely. Without a steady income, you can imagine how difficult life will become apart from the disabilities you have.

Apart from an employer’s private disability insurance program, there is also CalWORKS, a program that works if you are disabled and have a limited income. You can become eligible for benefits as well as employment assistance. Your California Disability Law Firm can help assist in determining if you are eligible for these programs or if you would be a better fit for other programs available to all Americans, such as SNAP, SSDI, Temporary Assitance, or even Unemployment.

Whatever the case may be, early intervention works, and calling a California Disability Law Firm to know what your options are now may be to your benefit whether you are disabled or not. Call us at 530-362-7188 or toll free at 877-233-8399 for a free consultation.

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Related Post: How A Workplace Accident Attorney Can Help With Workers Comp Claims

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Understanding Workers Comp Benefits

California Workers Compensation Case

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.

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Workers Comp Benefits

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Types Of Workers Compensation Disability Benefits

Social Security Benefits Attorney

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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Workers Compensation Disability

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How a Workers Comp Attorney in Auburn Can Help Your Case

Injured During Work

Hiring a workers comp attorney in Auburn can help you get the benefits you deserve following a work-related injury. A work-related injury can leave you with expensive medical bills, lost wages, and the inability to work for a prolonged period.

This can make the already difficult time after a work-related injury even harder for you and your family. By making a workers compensation claim you can begin taking the right steps towards recovering. 

Unfortunately, employers and insurance companies can be difficult to work with and at times downright hostile. The process of applying for workers compensation in California has its own potential challenges that could cause you to be denied.

With an experienced Auburn workers compensation lawyer on your side, you will know exactly what to expect every step of the way. 

Qualifying For Workers’ Compensation

Every employer has a responsibility to their employees to maintain a workplace environment that is safe and adheres to federal and state workplace regulations. Failure to do so could lead to serious injuries and possibly worse.  Sometimes, this failure is so serious that the employer could be ordered to pay you increased benefits through the workers’ compensation system.

There can be many factors that lead to a workplace injury. All of these factors will affect a workers compensation claim. Each state has its own workers’ compensation laws that must also be taken into account. 

A workers comp attorney in Auburn can help you navigate and understand these factors. Applying for workers compensation has its own unique challenges once you decide to apply.

Employers generally have all their workers’ compensation claims handled by an insurance company. The insurance companies by nature will fight (sometimes aggressively) to fight your claim or give you less than you deserve. 

There is also the application itself that you must file. The application process is known to often discourage employees from filing claims. This is because proper paperwork, documentation, and information must all be exhaustively collected in order to be properly filed.  An employer MUST provide an injured worker with a formal claims form (a DWC-1 form) and CANNOT take adverse action against an employee solely for filing it or for seeking workers’ comp benefits.  However, an employer can take adverse action if you physically can’t do your job and the employer cannot accommodate your work restrictions.

One of the most common reasons why most people are denied their workers’ compensation claim is for filing an incomplete claim or not submitting the medical evidence of your injury or work-related disease.  An employer is liable for specific injuries AND for injuries caused by cumulative stress to any given body part or system.  All of these challenges can keep you from collecting the benefits you deserve. 

How Your Auburn Workers Comp Attorney Helps

A workers comp attorney in Auburn can assist you through every step of the workers’ compensation claim process. Although many people choose to pursue their workers’ compensation claim on their own, your chances of success are far far greater with the help of an experienced workers compensation attorney.

A workers comp lawyer has an understanding of workers’ compensation law and the claims process. The workers’ compensation attorney can collect important evidence to bolster your claim. This can include medical exams, expert testimonies, and more.

They can then represent you in negotiations with the insurance company. During these negotiations, your workers’ compensation attorney will fight to get the benefits you rightly deserve based on your injuries and the circumstances around them. 

In the event that a workers’ compensation claim must be litigated in court, the attorney will represent you through these proceedings. They can even file an appeal if necessary. A good workers’ compensation attorney is the best advantage you can have when seeking the workers’ compensation benefits that can help you start recovering.

If you’re in need of a workers comp attorney near Auburn, CA, don’t hesitate to reach out for help. EARLY INTERVENTION WORKS! Contact the lawyers at Gold Country Workers Comp Center today to schedule a free case consultation soon. 

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Workers Comp Attorney Auburn

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Questions To Ask Workers Compensation Attorney Near Auburn CA Before Settling A Workers Comp Case

Work Injury Lawyers in Roseville

A workers compensation attorney near Auburn CA can help you receive the maximum amount possible for your California workers’ compensation claim and protect you from receiving an unfair settlement. It may initially be tempting to accept the lump sum settlement offered. It is important, however, to consider whether it is in your best interest. The period following an injury at work can be an extremely stressful and uncertain time. Bills, medical costs, and other factors can all cause incredible challenges in your life and the life of your family.

That is why it is crucially important to consider whether the lump sum settlement offered to you is a fair sum that can help set your life back on track. You may be wondering how you can ascertain if the settlement offered to you is worth accepting. Unfortunately, insurance companies and employers will pay as little as possible for a workers’ compensation claim. They understand that claimants are often desperate and lack an understanding of the intricacies of workers’ compensation law. Hiring an experienced workers compensation attorney can assist with the workers’ compensation process but, first, consider the following questions when you receive an offer.  And remember to consult a specialist early.  EARLY INTERVENTION WORKS!  And there is no fee for the initial consultation.

What Does Settling Actually Mean?

As an attorney may say, it all depends.

Settling a workers’ compensation claim may mean that the weekly checks that you have been receiving will stop and instead you will receive one lump sum.  Depending on how a settlement is structured, settling may also mean you will be unable to receive a weekly check for the specific injury and incident that occurred. And depending on how the settlement is structured, it may mean that the insurance company that has been paying your medical bills may no longer provide medical treatment benefits.

Other types of settlements provide for ongoing treatment AND a lump sum payment, and still others provide for additional weekly checks, or may provide for the ability to re-open your claim if your condition worsens for access to expanded medical care and more disability checks.

Should You Settle And Is It Reasonable?

When not working with a workers compensation attorney near Auburn CA, the insurers will generally try to manipulate workers to settle their workers’ compensation claim with a single lump sum. They prefer this course of action because they cannot predict how long or how much they will have to pay if the worker continues to receive benefits throughout their recovery.

Accepting a lump sum settlement may mean you cannot reopen the workers’ comp case regardless of circumstances that may get worse due to the injury. This is why it is important to have a reasonable idea of the factors surrounding your unique condition, your circumstances, and how long it will take for you to fully recover and return to work.  These factors include whether you can access medical care through other programs.  Depending on the program, treatment may or my not be available.  It is a complicated decision.

What Is The Value Of Your Claim?

Without an understanding of the value of your claim, it will be difficult to proceed with a decision to accept or decline a lump sum settlement. A workers compensation attorney near Auburn CA will be able to fully examine the value of your claim and can recommend what a reasonable settlement amount would be. They are also able to ascertain the extended value of your workers’ compensation claim while exploring options for more potential benefits.

Speak With a Workers Compensation Attorney Near Auburn CA

Gold Country Workers Comp Center is committed to helping clients through the workers’ compensation processes ensuring they receive every dollar they deserve for their injury. Our experience in California workers compensation law has helped people just like you get started on the road to recovery without needing to worry about lost wages, medical costs, and bills. The time following an injury at work can be emotionally stressful and uncertain. If you need help from a workers compensation attorney near Auburn CA, let us help guide you through the process by contacting us today for a free consultation.

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Workers Compensation Attorney Near Auburn CA

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