Posted on

3 Things to Consider While Choosing a Workplace Injury Lawyer

Disability Attorney in California

Work-related injuries are common occurrences and often require help from a qualified workplace injury lawyer. A worker that experiences an injury during the course of employment is eligible for workers’ compensation under the law. 

However, the unfortunate reality is that most workers’ compensation claims are wrongly denied due to various factors, but usually because the employer takes the position that the injury did not happen at work, or because the employer thinks you are NOT an employee but only an independent contractor or because there is insufficient medical evidence to support the claim. To fight against a denied workers’ comp claim, it’s pragmatic to consult with an experienced workers compensation attorney that is fully capable of effectively handling your claim.

In California, it is very difficult for the employer to carry its burden of proving an injured worker was NOT an employee but only an independent contractor.

When looking for the best workers comp lawyer in Yuba City, it is crucial to consider a few important factors. Doing so will maximize your chances of obtaining the full amount of compensation you’re due. 

The following are three key factors to consider while choosing a workplace injury lawyer. If you’re dealing with a workers’ compensation claim and are ready to schedule a free consultation with an experienced workers comp attorney in California, contact Gold Country Comp Center or call 530-362-7188 for assistance.

3 Things to Consider While Choosing a Workers Compensation Attorney

Professionally qualified and licensed: 

Every lawyer should have a license to practice law with the bar association in the state they will be representing you in. For instance, when a workplace injury lawyer wants to practice in California, he or she must be a member of the State Bar of California. 

To check any potential lawyer’s eligibility, visit the state bar association’s website and search for the lawyer’s name to confirm if he or she is a valid license holder.

Expertise, experience, and reputation: 

Choosing a workplace injury lawyer that is experienced in handling workers’ compensation cases is vital to maximizing your case’s chances. Be sure to find out how many cases potential workers comp attorneys have handled successfully as well as their reputation. 

The lawyer should be able to consider the validity of your case and the potential compensation you’re able to secure. In addition, ask questions about the expected time period required to reach a positive resolution in order to gain a better understanding of what to expect.

Also, the attorney should offer a free consultation to discuss your claim.  If you are receiving some benefits, the attorney should be able to advise you on whether you are receive all the benefits to which you are legally entitled.

Consistent record of success: 

When researching potential attorneys, make sure that they have a long and consistent record of documented success. You should also verify that they have worked on worker’s comp cases recently to ensure the lawyer is up-to-date on any changes in the law.

Above all, you should feel confident that your workplace injury lawyer is able to effectively secure the total amount of compensation you are owed. Don’t settle for any lawyer and lose out on the money you are entitled to. If injured to the point you are missing work, getting by is already difficult enough.  Do your research and confirm the workers’ comp lawyer’s experience, reputation, and record of success to maximize your case’s chance of resulting in a positive resolution.

Follow us: Facebook | Google+ | LinkedIn

Workplace Injury Lawyer

Posted on

Why You Need The Top Workers Comp Lawyers On Your Side

California workers’ compensation law

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. 

Follow us: Facebook | LinkedIn

Top Workers Comp Lawyers

Posted on

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.

Follow us: Facebook | Google+ | LinkedIn

Workers Comp Benefits

Posted on

Helpful Tips for Choosing a Workmans Compensation Attorney

Workers Comp Lawsuit Help

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. 

Follow us: Facebook | LinkedIn

Workmans Compensation Attorney