Nadrich Accident Injury Lawyers helps injured workers seek the full extent of the workers’ compensation benefits they are entitled to. If you have suffered an injury at work which is serious and debilitating, too much is at stake for the well-being of you and your family. Call a Tulare workers’ compensation lawyer at our firm today for a free consultation if you or a loved one has been injured at work. We can file a workers’ compensation claim for you seeking the maximum compensation you’re eligible for.
We and our partners have been successfully navigating the workers’ compensation system since 1990 and have recovered over $750,000,000 for clients. When you hire our firm, you will hire a workers’ compensation attorney with the experience to recover the most money possible on your behalf.
If you’ve been injured in a workplace accident and can’t afford treatment for your injuries, we may be able to help you get to a doctor who can treat you on a lien, meaning you won’t be charged for treatment until your case is over. Doctors do this for our clients because doctors know that when we handle workers’ compensation cases, we get great results for our clients.
If you have suffered a work-related injury, we will represent you on a contingency fee basis, meaning we won’t charge any fee until and unless we recover financial compensation on your behalf. Our only fee is a percentage of the money we recover for you, so we don’t charge an upfront fee or out-of-pocket fee.
Sometimes those injured on the job are best served by filing a workers’ compensation claim, a personal injury lawsuit or both. We are also vastly experienced in filing personal injury lawsuits and can advise you of the best path forward for you.
Call us today for a free consultation, text us from this page or fill out this page’s free case evaluation form if you or a loved one has been injured at work. We can help you recover financial compensation for medical bills, lost wages and more.
What Is Workers’ Compensation?
Workers’ compensation is a form of insurance which provides employees with benefits when they get injured or when they become ill while they work. When employers carry workers’ compensation insurance, it can provide:
- Medical care benefits
- Permanent or temporary disability benefits
- Benefits for supplemental job displacement
- Death Benefits
Workers’ compensation insurance is paid for by employees. The cost is not contributed towards by employees. Workers’ compensation represents an exclusive remedy for the injured employee. This means employers are held liable for every on-the-job injury.
The benefits of workers’ compensation are intended to:
- Cover medical expenses related to recover from work-related injuries or illnesses
- Provide partial replacement of lost wages during the recovery process
- Assist employees in returning to work
Workers’ compensation coverage does not cover punitive damages or pain and suffering damages.
Who Is Eligible for Workers’ Compensation?
The laws regarding workers’ compensation will vary, depending on the state. Specific requirements need to be met in order for you to be eligible for worker’s comp benefits.
- Your employer needs to carry workers’ compensation insurance: The requirements will vary based upon how many employees there are, what type of business it is, and what kind of work is performed by the employees.
- You need to be an employee: This covered part- and full-time employees, temporary employees and seasonal workers. This excludes volunteers and independent contractors. Undocumented workers, farm laborers or domestic workers might not qualify.
- You need to have gotten injured while you were performing job-related duties: It won’t always be clear here. Injuries which happen off of worksites but are connected with jobs fall into gray areas.
How to File a Workers’ Comp Claim
If you’ve been injured on the job, you’ll want to have your workers’ comp claim filed by experienced lawyers like the attorneys at our firm.
Unfortunately, a lot of employers and workers’ comp insurance carriers hope that you handle your workers’ compensation benefits claim yourself. They wish to take advantage of being in a position of power in order to convince you you’re not hurt that badly and that you should go back to work. They want to convince you not to pursue all of the benefits that you are entitled to.
In order to fight employers and insurance carriers for every penny you’re entitled to, you will require an aggressive workers’ comp lawyer. Our law firm can help you recover fair compensation for:
- Medical care: You are entitled to having all necessary and reasonable treatment paid for.
- Disability: Should you miss work for a total of over four days, you are eligible for temporary total disability benefits roughly equal to 2/3 of the average monthly wage you make. This will be up to a specific limit which is set by the state. The payments will last until you can return to work, or up to 104 weeks. Should you reach maximum medical improvement (the state where a doctor certified that your condition is not expected to improve), but still can’t work, you could be eligible for permanent total disability benefits. Should you not be expected to recover fully, but are able to do some work, you may be eligible for permanent partial disability benefits.
- Supplemental job displacement payments: Should you no longer be able to do your former job, retraining costs will be covered by workers’ compensation so you’re able to transition to a new job.
- Death benefits: Should a fatal accident occur, workers’ compensation provides the dependents of victims with relief. This includes funeral costs and wage replacement.
In order for you to receive the above benefits, the accident needs to be reported to the employer and a claim form needs to be requested. The form needs to be filled out and returned to the employer. The employer then needs to submit your claim to the insurance carrier. California law gives 30 days for notice of injury to be given to an employer. The time gets measured from the accident date or the occupational disease’s onset. Generally, the countdown begins when a victim:
- Sees a doctor due to an injury, or misses work, or
- Knows or should know that an illness or injury was related to their job
Should a period of time lasting more than 30 days pass by before the medical condition is reported, the workers’ comp claim might be barred.
Call us today for a free consultation so we can handle the workers’ comp claims process for you and maximize your financial recovery.
How Much Does a Tulare Workers’ Comp Lawyer Cost?
There is no risk behind calling us today for a free consultation because we do not charge any fee to handle workers’ comp claims until and unless we recover compensation for you. This means you will never owe us a single penny out of your own pocket. You can only gain money by calling us – not lose it. Call us today for a free consultation.
Tulare, California Workers Compensation Statute of Limitations
First off, as mentioned, employers need to be notified within 30 days of the injury.
Beyond that, when work-related injuries occur, a countdown begins. Regarding workers’ compensation claims in California, there is a one year time limit to file a claim. This time limit is called a statute of limitations. It’s vital to realize that federal employees get three years to file claims, since their cases fall under federal law.
Two workplace injury categories exist under the California Labor Code:
- Specific injury: These injuries happen when single incidents or exposures result in disabilities or the necessity of medical attention
- Cumulative trauma injury: These injuries involve a combination of repeated traumatic activities taking place over a time period. This may include mental or physical trauma.
In cumulative trauma cases, like strain injuries or repetitive stress fractures, specific injury dates might be difficult to figure out. When this occurs, the time frames begin with:
- The date the worker first had to miss work due to an illness or injury, or
- The date a doctor informed the worker that their injury was related to work
In addition, a few exceptions exist to the time limit for workers’ compensation claims. As an example, you might be exempted from the one year time limit should you not be able to file your claim because of:
- Injury resulting in coma
- Severe injury which requires lengthy or prolonged treatment, like a serious burn
- Contagious illness requiring quarantine
Common Workplace Injuries in California
Common workplace injuries in California include:
Falls, Trips and Slips
These are some of the most common reasons for workplace injuries. Causes include inadequate lighting, cluttered work areas and uneven or wet flooring.
Muscle Strains
These commonly occur when heavy objects are lifted. Proper lifting techniques can prevent these injuries, and workplaces need to train employers on how to employ proper lifting techniques.
Impact Injuries
These happen when workers are struck by objects or run into things. They often occur due to moving machinery, distracted workers or falling objects.
Repetitive Strain Injury
These happen when a specific body part is overused, especially regarding repetitive tasks, maintaining a specific posture for a long time, or awkward positions.
Lacerations and Cuts
These are common where machinery or sharp tools are used, like in manufacturing plants, workshops or kitchens.
Inhalation Hazards
These can pose significant health risks in workplaces where workers are exposed to hazardous substances, vapors, fumes or dust.
Hearing Loss
Being exposed to high levels of noise for a prolonged period of time can cause hearing loss, a preventable and permanent condition. This condition is common in construction and manufacturing jobs.
Burns
Burns can happen when workers directly contact electrical sources, chemicals, hot surfaces or flames. They are common in industrial settings, laboratories and kitchens.
Eye Injuries
These can be the result of exposure to intense light, flying debris or hazardous chemicals, leading to permanent or temporary vision impairment. These injuries are common where power tool use, chemical handling or welding occurs.
Electrical Injuries
These injuries, including electrocution, burns and shocks, may occur in workplaces where electricity gets used. They can be the result of improperly using electrical devices, faulty equipment or directly contacting live parts.
What To Do After a Workplace Injury
If you have been injured at work, the steps you should take are:
- Get immediate medical treatment: Get the proper medical attention immediately, whether that be visiting a doctor or calling 911. If you were in a workplace accident and think your injuries are only minor, or that you weren’t hurt, you still should visit a medical provider. Should you notice signs you have a medical condition, or unusual symptoms, ensure you are properly diagnosed as soon as you can.
- Report to your employer your injury: You can be helped greatly, long-term, if you report your illness or injury promptly. Even if you have an injury with gradual onset, it’s important to report the injury once you think it coincides with work duties. California gives you only 30 days from the date of injury or date of injury discovery to report your injury to your employer.
- File the workers’ comp claim: This will begin the process of obtaining workers’ compensation benefits. Give your claim to your employer, making sure all corresponding sections are filled out by them. Should your employer fail to file paperwork for you, you may file your claim yourself. Our law firm encourages you to contact one of our lawyers for assistance should an employer delay or dispute your claim, or should you experience other issues regarding your claim.
- Follow the instructions of your doctor: While waiting for a decision regarding your claim, ensure you follow the treatment recommendations and advice from your doctor. Attend all follow-ups, submit to any analysis or testing asked of you, and take all medications prescribed to you. Don’t go back to work until your doctor tells you to. Rest and avoid activity which may aggravate the injury or create doubts regarding your claim’s validity.
Whether the claim gets denied or accepted will depend on numerous factors. Depending upon the injury you suffered, you could be entitled to permanent or temporary disability benefits, medical care, or supplemental job displacement payments. Our lawyers can assist you with sorting your situation out and provide you with advice regarding how to best proceed, whether your claim was denied or accepted.
Contact a Tulare Workers’ Comp Attorney Today
Call us today for a free consultation if you or a loved one was injured while on the job. We can help you recover every penny you’re entitled to, even if your employer and/or workers’ comp insurer is fighting you every step of the way. We can handle every step of the claims process for you so all you need to do is focus on recovery.
Remember: we won’t charge any fee until and unless we recover compensation for you. Call us today.
