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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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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.

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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. 

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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. 

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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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