Workers’ compensation is a no-fault insurance policy that protects both employees AND employers from financial consequences in the event that an employee is injured on the job. By “no fault,” this policy is guaranteed to pay out workers’ compensation benefits regardless of how the accident happened, whether or not negligence played a part, or whether or not someone else caused the accident. This is a great benefit for workers in that they do not need to go through the same complicated process as a tort claim, where the insurance company handling the claim approaches the case with the sole goal of paying as little as possible; however, there possible pitfalls that injured workers can encounter that may result in a lower benefits payment than they actually deserve.
Working with a Fresno workers’ compensation attorney is one of the best ways to ensure that you are able to get the money you deserve while being able to focus your energy on recovery without the added stress of a legal process. Trying to navigate the complicated administrative process can interfere with your recovery process, and in many cases, results in a Fresno, CA employee accepting a final settlement without truly understanding the scope of the benefits they are entitled to compensation for. Grossman Law Officers is home to experienced workers’ compensation attorneys who are here to help.
Contact Grossman Law Firm For a Free Consultation With a Fresno Workers’ Compensation Attorney
We offer a free initial consultation and case evaluation to anyone who has suffered a workplace injury and is either in the process of or planning to file a claim with their employers’ workers’ compensation insurance policy. Whether you have been injured at your workplace or were injured while performing a work-related task away from your place of employment, we will go through the details and provide you with a clear understanding of how you can move forward and get the benefits you are entitled to.
Here To Help From Day One
We encourage the victims of workplace injuries to contact us about our services, particularly if they are having difficulty getting satisfactory information from their insurance companies. There are three different benefits available to compensate you for the impacts of injuries, and we are here to support our clients through every step of the process. These benefits are:
- Temporary Disability (TD) – If a doctor removes you from work temporarily or allows you to return to work with restrictions that your employer cannot accommodate, you are entitled to two-thirds of your earnings. TD begins 14 days after your doctor removes you from work. If your employer or their workers’ compensation insurance denies your claim for TD benefits, you may still receive benefits through the California Employment Development for up to one year.
- Permanent Disability (PD) – If your injury has healed, but you have diminished capacity, you may receive permanent disability. This does not, however, mean that you are permanently disabled or that your benefits are indefinite. It also does not mean that you’ll receive full compensation from the insurance companies for your lost wages. You will receive a permanent disability rating, which will dictate your benefit payments. For any work-related injury occurring after 2012, the maximum PD payment is $290 per week to be paid bi-weekly ($580 every two weeks).
- Medical Treatment – You are entitled to medical treatment for a workplace injury. If your employer or their insurance is accepted by your employer or their workers’ compensation insurer, you will have to use in-network doctors and facilities to receive this benefit.
Read more about how a Fresno workers’ compensation attorney can help you with your claims and to get the benefits you deserve and contact us as soon as possible to schedule your initial consultation.
Why Work With a Workers’ Compensation Lawyer After a Workplace Accident?
Workers’ compensation insurance functions much differently than other types of insurance, such as your car insurance or homeowner’s policy. California employers are (in most cases) legally required to carry a workers’ comp policy protecting both themselves AND their employees from the financial repercussions of a work-related injury. In the event that an employer fails to cover their employees with this type of insurance and someone is injured at work, the employer will be open to a lawsuit from their employee; however, an active workers’ compensation insurance policy almost always waives an employee’s right to file a lawsuit against their employer after a workplace accident. However, there are certain exceptions. Call a workers’ comp benefits lawyer in Fresno to discuss your claim.
Focus On Your Recovery
While the most obvious benefits of working with a workers’ compensation attorney are financial, there is also the very real benefit of avoiding the additional stress that comes with trying to navigate this complex legal process — especially while you are focusing on getting medical care and recovering from your workplace injuries. Trying to handle the administrative process of filing for Fresno workers’ compensation can be overwhelming and confusing even in the simplest cases, which can be a major distraction from you giving your recovery the attention it deserves. Workers’ compensation attorneys in Fresno, CA, are able to handle this aspect of your work-related injuries so you can prioritize your treatment.
Common Causes of Work-Related Injuries
The following are a few examples of the many different types of injuries that someone can suffer from. If you have been injured at work, contact our firm today to speak with our workers’ compensation lawyers regardless of whether or not your specific injury is mentioned below.
Lifting Heavy or Awkward Objects
Even in an office setting, a Fresno workers’ compensation injury can happen when an employee lifts something and hurts themselves in the process. While this is more common on construction sites or manual labor jobs, something as simple as moving a box of printer paper can lead to permanent disability issues.
Strain or CT Injuries
Strain injuries, which are also referred to as cumulative trauma injuries in California, can happen either acutely or over time, depending on the nature of the injury. An RSI, or repetitive strain injury, happens when someone repeatedly makes the same motions, such as with a keyboard or a hairstylist using shears. This strain causes micro-injuries that result in a serious situation that requires serious medical treatment. Other strains may be acute, like while trying to lift an object that is too heavy.
Slips, Trips, and Falls
One of the most common types of tort claims, let alone workers’ compensation claims, is one stemming from slip, trip, and fall accidents. These types of accidents refer to an incident where someone (as the name implies) slips or trips over a hazard and is injured as a result. These are very common risks at any type of workplace or business for employees and customers alike.
Cuts, Punctures, and Scrapes
You can suffer from a cut, puncture, scrape, or other laceration no matter what type of work you perform. While a minor laceration may simply require some Neosporin and a bandage, other, more serious lacerations may require immediate medical attention, including surgeries, stitches, and sutures, or even skin grafts. Some may result in permanent scarring or long-term disabilities due to a loss of motion or more.
There are many other injuries that workers are at risk of no matter what their line of employment, and no matter what their day-to-day work looks like. The most important thing to remember is that you are entitled to compensation from your employer’s workers compensation policy, and that working with an attorney is one of the best ways to ensure that you do not miss out on any of the benefits you are rightfully entitled to. Whether or not you see your injuries mentioned on this page, contact us as soon as possible to get legal advice and an understanding of how best to move forward with your case.
California Workplace Injuries By the Numbers
Fortunately, workplace accidents have declined notably over the past few decades. This may be due in part to the aggressive stance that OSHA has taken in both inspecting job sites and responding to reports of unsafe work conditions, and may in part be due to employers taking a more serious approach to providing safe environments in order to avoid dealing with OSHA inspections and penalties if people are injured at work due to employment issues. Regardless, the reality is that whether or not these reports are declining, there is always a risk of an accident on the job, and no statistical information will ensure your safety.
Remember that if you suffer an injury on the job, there are benefits extended to you under the law to recover benefits for lost wages, medical bills, ongoing treatment, disability, and more. Our Fresno workers’ compensation attorneys are here to help you get the money you deserve.
Compared to national rates, California has notably lower instances of fatal accidents in all job sectors. Again, though statistical trends have no real bearing on whether or not you will require medical treatment or suffer a serious injury on the job. However, this is a good indication that your employer may take similar steps as others in our state to help avoid accidents, helping to contribute to this encouraging statistic while keeping workers safe from the threat of an avoidable accident.
Calculating Compensation Benefits After a Workplace Accident
After an injury in Fresno, CA, Los Angeles, or anywhere else across the state, you will need to file a workers’ compensation claim with the insurer that your employer has a policy with.
Since workers’ compensation is a “no fault” policy, these claims do not cover non-economic damages as a personal injury claim would.
Frequently Asked Questions About Workers’ Compensation Claims
The following are just a few of the most common questions that workers’ compensation attorneys will often answer for injured workers during initial consultations and throughout the duration of the case with their client. The answers below are meant to give you a general sense of your own situation, but the only way to get clear and specific legal advice is by contacting our firm as soon as possible.
Am I able to file a lawsuit after suffering an injury on the job?
Most often, after a Fresno work-related injury, you will only have the option to file a workers’ compensation claim, not a tort claim or personal injury lawsuit. This is due to the nature of a workers’ compensation policy, which guarantees benefits to an injured employee while also protecting the employer from any legal action. This is often regardless of who was at fault or how the accident happened.
However, there are circumstances that will allow you to file a lawsuit against another party. For example, if you work on a construction site and are injured by a delivery driver who is not associated with your employer and not covered under your Fresno workers’ compensation policy, you may be able to seek personal injury damages from that individual or their representative insurance company. This is, however, an exception to the rule, and we will need to review the situation closely in order to determine how best to proceed.
Do I need to work with attorneys to file a workers’ compensation claim?
You are under no obligation to work with an attorney to file a workers’ compensation claim in Fresno, but the reality is that there are many benefits to our services. Trying to navigate a legal claim while you are trying to focus on successful medical treatment, coming to terms with a serious disability, or otherwise trying to get the care you need to move forward from your injury can be extremely overwhelming, and it is easy to overlook details that would ultimately lead to more money for your claim. Your employer pays into workers’ compensation, and you deserve to get the benefits you are entitled to as a result.
Working with an attorney means that you can prioritize your personal needs while also staying positive about the benefits you will be receiving after your injury. Trying to take all of this on by yourself can be overwhelming, which is why you should contact a Fresno workers compensation lawyer.
Can I work with Grossman Law Officers if I was injured outside of Fresno?
Our firm covers a wide range of areas beyond Fresno and Los Angeles, and if you were injured elsewhere in the state, we encourage you to reach out to us to discuss how we can work together. Additionally, the geographic location of your incident may not correspond to where your employer is located. If you are on a construction site far from your headquarters, you will still be filing for benefits with their policy, which is based on where your employer is registered. You may even be injured out of state but will still file with your Fresno employers’ workers’ compensation policy to get paid for your medical issues, treatment, disability, and more. In addition to our Fresno practice, we also maintain a workers’ compensation law office in Los Angeles.
Contact Us Today
We offer a free initial consultation to anyone who has suffered a work injury, from construction to office accidents and all others. The sooner you connect with our firm, the sooner we can start working together on your case and determining how best to get you the money you deserve.
Making a false or fraudulent workers’ compensation claim is a felony subject to up to 5 years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.