Have you been injured in the workplace?
Contact us. We can help.
We have been helping injured San Francisco Bay Area workers get
the compensation and benefits they're entitled to for over 35 years.
Most workers are in the dark when it comes to understanding
their rights under workers compensation. An experienced workers
compensation attorney can make all the difference in the world in
navigating you through the workers’ compensation process. An
experienced attorney will understand the process and provide a level
playing field for you, the injured worker.
The primary benefits under California workers compensation are
medical treatment, temporary disability, permanent disability, job
displacement voucher, and death benefits. Other benefits are available
if the employer is uninsured, discriminates, or acts in a serious and
willful manner.
Consult with an experienced workers' compensation attorney.
One of the first steps in the workers compensation process is
to take charge of your medical treatment. In so doing you will
keep control of your case. A next important step is to secure
temporary disability (TD) from the insurance company. If this
benefit is denied or delayed you may qualify and you should immediately
apply for state disability insurance (SDI) from the Employment
Development Department (EDD).
If medical treatment or temporary disability benefits are
wrongfully denied you are usually entitled to an emergency hearing in
front of a judge at the local Workers’ Compensation Appeals Board
(Expedited Hearing).
Once your treating doctor determines that your condition
becomes permanent and stationary (P&S) your right to temporary
disability ends and your right to permanent disability (PD) benefits
begins.
Job Retraining
You may be entitled to a retraining voucher (supplemental job
displacement voucher) if your employer is unable to provide you a job
within 60 days after your last TD payment. The value of the
voucher ranges from $4,000 to $10,000, depending on your level of PD.
PD is measured in percentages ranging from 0 to 100. Each
percentage corresponds to a dollar figure set forth in the California
Labor Code.
Settlement of Workers' Compensation Claims
Most workers’ compensation claims are settled by way of a lump
sum (Compromise and Release) or an installment sum (Stipulated Award)
and there are advantages and disadvantages associated with each.
The minority of cases that do not settle are assigned to a workers’
compensation judge for trial and decision. Once decided an award
can be appealed to the Workers’ Compensation Appeals Board, and
thereafter, to the California Court of Appeal and the California
Supreme Court. |