What You Should Know About Workers Compensation Benefits California

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Workers’ compensation benefits in California help workers of all kinds in countless ways. Workers’ compensation is a legal imperative for businesses and is designed to provide employees who get injured or sick due to work-related activities with compensation in various forms. 

According to the law, workers’ compensation benefits are due, are owed and are paid regardless of who is at fault for the cause of the injury. However, due to the no-fault basis for liability, workers give up the right to sue their employer over work-related injuries or illness for the regular damages otherwise available to an injured person who is suing another party for negligently causing an injury. 

Learn more about the various workers’ compensation benefits in California available to workers who experience injuries or illnesses due to work. If you are ready to file a claim or need assistance getting the benefits you deserve, contact Gold Country Comp Center to schedule a free consultation with our California workers comp lawyers.

Workers’ Compensation Benefits in California

It is the primary responsibility of a business to sign up for workers’ compensation insurance. Workers’ comp insurance is where the payments to injured workers come from, unless the employer is so big that the State has allowed it to be self-insured for Workers’ Compensation purposes.  

After experiencing an injury or symptoms of an illness, the afflicted worker must file a workers’ compensation claim with the insurance company. However, filing a claim and getting benefits isn’t a simple process. So what sort of workers compensation benefits in California are actually available?

Medical Care and Mileage

Medical care is provided is provided through networks of providers as is usually the case with private medical insurance coverage.  Although California law allows the insurance carriers’ “in-house” doctors to in essence veto medical decisions and prescriptions your treater wants to provide, medical care with no deductible or co-pay is provided.  Mileage, bridge tolls and parking for travel to and from the doctor, the pharmacy, physical therapy etc. is also paid as part of the medical care benefit.

Permanent Disability

For workers who become permanently injured in some way, there are either permanent disability benefits to cover ongoing medical costs long-term or a negotiated option to take a lump sum financial settlement. How much the lump sum settlement is for will vary based on a variety of factors, including the nature of the injury and how long the employee is incapable of working. 

While taking a lump sum settlement can seem more appealing at first, it’s important to remember that the total amount of compensation should be able to cover ongoing medical costs as well as lost wages. For this reason, it’s always best to consult with an experienced disability attorney to gain a better understanding of all the options available.  Additionally, insurance carriers will usually insist on a waiver of the right to future medical care, for which they will pay extra.

Temporary Disability 

For workers who experience an injury or illness that only affects them temporarily, or until the effects of the injury have stabilized and is deemed unlikely to substantially change in the next year, temporary disability benefits are available. Temporary disability benefits are different from permanent disability benefits in a few key ways. 

Generally, injured workers will receive 2/3 of their average wage loss during the period they are unable to work and suffer a wage loss. These benefits are only payable for a maximum of 104 weeks within 5 years of the injury date.  Obviously, if you return to work, temporary disability ends unless you continue to experience a wage loss, which still entitles you to 2/3 of that loss. It’s also important to note that temporary disability benefits are tax-free. Still, the only way to ensure an injured worker receives the maximum amount of California workers’ compensation benefits available to them is to seek out counsel from a qualified and experienced workers’ comp attorney.

Vocational Rehabilitation:

Another part of the benefit package a seriously injured worker may be entitled to is the Supplemental Job Displacement Benefit, commonly referred to as the “voucher.”  It is a certificate that is like a limited use credit card valued at $6,000  that can be spent on courses approved by the California Dept. of Workers’ Compensation. All “brick and mortar” programs must be inside the State.  The approved list includes colleges, universities, vocational training programs and on-line training.  If a computer is needed, up to $1000 can be reimbursed upon documenting the need per the applicable rules.  Also, once the voucher is sent to the appropriate State office, California will send the voucher holder a check for $5000.

The entire Workers’ Compensation process is complicated, and most everyone should consult with a specialist soon after being injured.  Many attorneys, such as those at the Gold Country Workers’ Comp Center offer a free consultation.

 

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Workers Compensation Benefits California

Importance of a Workman’s Compensation Lawyer

Workers Comp Lawyer California

If you have suffered any kind of injury at work, it is paramount to find and consult with a workman’s compensation lawyer quickly. A work-related injury can be highly traumatic and may require extensive medical treatment.

You and your family are extremely vulnerable following a work-related injury with lost wages, medical bills, and monthly living expense bills. Workers’ compensation is designed to help alleviate the financial burdens that a work-related injury can cause and help with the rehabilitation and recovery process.

A workers’ compensation lawyer can help you through every step of the workers’ comp claim and ensure you get the benefits you are entitled to. Continue reading below to learn how a workman’s compensation lawyer can assist you. 

If you are interested in scheduling a FREE consultation with an experienced and committed California workers compensation attorney, be sure to contact Gold Country Workers Comp Center today. 

Filing Worker’s Compensation Claim

As mentioned above, workers’ compensation benefits are designed to help employees who have been injured while on the job. Immediately following an injury, it is essential that you report what happened and get immediate medical assistance.

The moment you are able to, you should then begin researching and contacting workers’ compensation attorneys. It is true that you are able to file your own workers’ compensation claim without hiring a workers’ comp attorney.

Unfortunately, filing a workers’ compensation claim is filled with potential challenges that could result in your claim being denied outright. Insurance adjusters are well trained on how to deny or minimize the payment of benefits to injured workers, and regardless of how friendly they may seem, they are NOT your friend.  A worker’s comp claim requires proper documentation, necessary evidence, and other criteria to properly file and pursue in order to get the appropriate benefits. 

Most workers who file a workers’ comp claim on their own will generally have it denied because of insufficient information, missing documents, or missed deadlines. A workman’s compensation lawyer can assist you through the filing process by gathering the necessary information.

This can save you time, hassle, and prevent your claim from being denied. 

Negotiating With Insurance Companies

Few employers will handle the workers’ compensation process themselves. Generally, employers pay a workers’ comp insurance company to handle claims and the payment of benefits. 

It is important to remember that the insurance company is a business and will do whatever they can to give you as little financial assistance as possible. By hiring a workman’s compensation lawyer, you can ensure that you will have a powerful ally in your corner when it comes to negotiating with the insurance companies.

A workers’ comp attorney will fight vigorously to secure the benefits you are entitled to. They can negotiate with the insurance company on your behalf and keep you informed of the ongoing negotiations. 

Contact a Workman’s Compensation Lawyer

Gold Country Workers Comp Center is one of the top workers’ compensation law firms in Northern California. Our dedicated attorneys use their integrity, experience, superior customer service, and passion to help recently injured workers secure the workers’ comp benefits they are entitled to.

Contact Gold Country Comp Center today to speak with a workers’ compensation attorney or call us directly at 530-362-7188

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How Your Workers Comp Attorney Lake Tahoe Can Help

Injured on the job?

Hiring a workers’ comp attorney in Lake Tahoe is the most important thing you should do following a work-related injury. There are plenty of workers comp attorneys in California available, but that does not mean you should ever settle for less than an experienced specialist in Workers’ Compensation law.

An experienced workers comp attorney can not only help you get the workers comp benefits you are entitled to but can also alleviate some of you and your family’s stress. The time following a work-related injury is an extremely emotional and challenging time for workers.

You may require extensive medical treatments and may be unable to work for an extended period of time. All of this can easily overwhelm anyone’s finances and can interfere with the healing process. Workers’ compensation benefits are meant to alleviate many of these concerns. 

Unfortunately, many workers will have an extremely difficult time navigating the workers’ comp claims process. Between deadlines, paperwork, and apathetic insurance companies, it can be very easy for your claim to be denied.

Continue reading to learn how an experienced workers compensation lawyer can help you following a work-related injury. If you have any further questions or would like to schedule a free case consultation with a dedicated workers comp attorney in Lake Tahoe, be sure to contact Gold Country Workers Comp Center today. 

Help Filing a Workers Comp Claim

As previously mentioned, workers comp serves as a way for employees injured on the job to receive benefits that can help with the recovery process. Most companies pay for a workers’ comp insurance policy provided by a large insurance company. The insurance company handles the workers’ comp claims and pays out benefits. 

Following a work-related injury, there are a number of important steps that must be taken to ensure the success of your claim. Filing a workers comp claim requires the proper documents, evidence, and more to ensure it is not automatically denied. It is important to note that most workers’ comp claims are denied because of missed deadlines and inaccurate or incomplete filings. 

Hiring a Lake Tahoe workers comp attorney ensures that your claim is properly filed and that all the information is accurate. The workers’ comp attorney can also help to ensure the proper evidence is collected to include in the claim. 

Your Workers Comp Attorney Will Negotiate Higher Settlements

The workers’ comp insurance companies are businesses run for their profit firstly and your welfare secondarily;  They are interested in paying out as little benefits as possible even if the adjuster seems friendly and helpful and offers some benefits. Most insurance companies will try to lowball your claim and even deny some of the benefits you are entitled to.

They employ a large team of experienced lawyers that are impossible to negotiate with if you lack the right experience. Hiring a workers’ comp attorney will ensure you are expertly and aggressively represented when it comes to negotiating with the insurance companies.

An experienced workers comp lawyer understands the challenges and pitfalls that the insurance companies will try to use. Instead of settling for whatever the insurance company gives you, depend on the legal expertise of a workers comp attorney. 

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When Should You Hire a Truckee Workers Comp Lawyer

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Have you been recently injured at work and are wondering if you need a workers comp lawyer in Truckee? Worker’s compensation exists as a means to ensure that employees are fairly compensated for expenses and losses associated with a work-related injury. It can help alleviate the financial and emotional pressure during the turbulent phase following a work-related injury and provide much needed medical care without deductibles or co-pays. 

Many employees who require basic medical attention for minor injuries will commonly receive full care without needing to file a worker’s comp claim or pay a bill. Obviously, not all work-related injuries are simple and benign. Some involve very serious injuries that require a long period of time away from work and extensive medical treatment. 

In these cases, a workers compensation attorney is a must. Below are a number of circumstances in which hiring a workers comp lawyer in Truckee is recommended. If you would like to learn more or speak with an experienced Truckee workers comp attorney, be sure to contact Gold Country Workers Comp Center today. 

If Workers’ Comp Claim Is Denied

Most employers will pay into a workers comp insurance fund provided by an insurance company. In many cases, an employer will not handle any workers’ comp claims and will instead delegate them to the insurance company. If the insurance company believes your claim is invalid, they will immediately deny it. 

Some of the reasons for a denied claim can include missed deadlines, incomplete documents, insufficient medical evidence detailing the injury, and other issues. Most workers are not experienced with the California workers compensation claim process.

This leaves you vulnerable to making mistakes and being denied workers’ comp benefits by the insurance company. By working with an experienced workers comp attorney, you can ensure that every facet of your claim is accurately and properly filed and prosecuted to maximize the benefits being paid to you.  An experienced attorney will also investigate supplemental benefits from other sources that you may be entitled to receive. 

There are many examples in which insurance companies will also claim that the work-related injury was caused by the employee. The insurance companies can claim that the injury was intentionally self-inflicted, or that you were engaging in “horse play” or were guilty of worse than gross negligence or illegal actions (using alcohol or illegal drugs is the most common) which caused the injury.   Even if this is the case, it is very difficult for an insurance company to fully deny all benefits. 

The burden of proof is on the insurance company making the allegations of employee misconduct to deny or reduce the benefits to be paid, but an experienced workers comp lawyer can protect your rights. 

Reduced Claims

Instead of outright denying a workers comp claim, many insurance companies will only agree to pay for a small portion of your claim. Most employees, unfortunately, settle for reduced claims because they have no experience negotiating a settlement with the insurance company.

By hiring a workers comp lawyer in Truckee, you can ensure that your claim is negotiated. A dedicated workers comp attorney will negotiate with the insurance companies and get you the money you deserve. A skilled workers comp attorney can also help appeal an unfavorable decision. 

Hire a Workers Comp Lawyer in Truckee

The reasons for hiring a workers comp attorney following a work-related injury are extensive and include more than what can be listed in a single article. The time following a work-related injury can be extremely stressful and emotional for both you and your family.

A workers comp attorney can help alleviate this stress and help you receive the benefits you deserve. Please contact Gold Country Workers Comp Center at 530-362-7188 today to discuss your workers comp claim with an experienced workers comp lawyer in Truckee. 

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Grass Valley Workers Compensation Lawyers

Disability law

After a work-related accident, you may pursue workers’ compensation in Grass Valley. The worker’s comp system is designed to protect both employees and employers. This is done through California worker’s compensation laws designed to manage injuries and illnesses that are a result of your work. 

Workers benefit from these laws by receiving money to replace lost wages and direct payment (or reimbursement) for medical bills. Employers will pay into workers’ compensation funds through insurance companies. When an employee is injured at work they can file a workers’ compensation claim that is handled through the insurance company. 

Each state has its own workers’ compensation laws. Although they are meant to help employees during a very stressful time, it can be difficult for injured workers to receive the benefits they are entitled to.  California appreciates workers and the advantages they provide to employers.  As a result, California law provides more benefits in injured workers that most other states do.

The claim process is very lengthy and, without the right expertise, a claim can be easily denied or minimized. This is why it is always recommended to hire an experienced and professional workers compensation attorney. 

Preparing a New Claim

A Grass Valley workers compensation attorney can make the process of filing for workers’ compensation benefits much less stressful and unpredictable. This is abundantly clear during the early stages of the claims process. Most workers’ compensation claims are denied because of incomplete documentation and missed deadlines. 

A workers’ comp attorney can gather necessary documentation, including any medical evidence, and prepare all the necessary paperwork. Throughout this time, the client is fully aware of upcoming deadlines and important dates.  Remember that attorneys’ fees in Workers’ Comp cases are contingent on the results produced, are a small percentage of the benefits produced and that the law precludes the attorney from billing or collecting any fee from the injured worker without advance approval of a judge.

Workers Comp Attorneys Represent Their Clients

The insurance company can make it very difficult to receive the benefits that an employee is entitled to. They have an understanding of the complexities of workers’ compensation law and a team of lawyers that will aggressively fight to pay out as little money as possible. This is why hiring a Grass Valley workers comp attorney is highly recommended. 

A workers’ compensation attorney represents their client during negotiations with the insurance company. They use their experience to get what their clients deserve. In some cases, a settlement cannot be reached and a claim or part of it is taken to court. 

Workers Compensation Court

A workers’ compensation lawyer will represent their client in court if a settlement could not be reached with the insurance company.  Technically speaking, while Workers’ Compensation judges conduct trials and render awards and orders as in regular court, the forum where they sit and hear cases is called the Workers Compensation Appeals Board.  Workers’ compensation court works similarly to other trials with some differences. Just like in most court proceedings, there are rules of evidence, motions to be filed and decided, and deadlines that must be met. 

The workers’ compensation attorney represents their clients through the court proceedings. They are familiar with these proceedings and can gather medical evidence, expert testimony, and more to build their client’s case. The attorney can also file appeals while assisting clients with other resources to make this period easier, such as temporary disability benefits, and advise clients where additional sources of medical care or income can be obtained. 

Grass Valley Workers Compensation Lawyers

If you are interested in filing for workers compensation in Grass Valley and want expert representation, contact Gold Country Workers Comp Center today to schedule a free case consultation.

The time following a work-related injury can be extremely stressful and challenging. Our workers’ compensation attorneys will fight to ensure you receive the benefits you are entitled to. Contact Gold Country or call 530-362-7188 for direct assistance. 

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