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Recent Blog Posts
Can Your Employer Make You Go to Arbitration for a Denied Workers’ Comp Claim?
If your workers’ compensation claim has been denied, you may expect to take the matter before the state workers’ compensation board. But in some cases, workers are surprised to find that their employer is demanding arbitration instead. This can be confusing and frustrating — especially when you are already dealing with an injury and financial uncertainty.
Our firm takes pride in helping injured workers navigate the complexities of the California workers’ compensation system. Our Hollister, CA workers’ compensation lawyers offer free consultations and are committed to making sure injured workers are treated fairly, whether through traditional hearings or alternative dispute resolution.
When Is Arbitration Used in Workers’ Comp Disputes?
Arbitration is a form of dispute resolution where a neutral third party — the arbitrator — hears the case and issues a binding decision. It is less formal than a court hearing but still requires preparation and legal knowledge. In California, workers’ compensation claims are typically resolved through the Workers’ Compensation Appeals Board (WCAB). However, in rare circumstances, arbitration may be introduced through an employment contract or collective bargaining agreement.
Losing a Finger or Hand in a Work Accident
Suffering the loss of a finger or hand in a workplace accident is one of the most serious and life-changing injuries a person can experience. These injuries often affect every aspect of a person’s life, from their physical ability to work and take care of themselves, to their long-term emotional and financial well-being.
If this has happened to you or someone you care about, it is important to understand your rights under California’s workers’ compensation system — and why working with an experienced Gilroy workers’ compensation lawyer can help ensure you receive the full benefits you are entitled to.
The Long-Term Impact of Losing a Hand or Finger
Your hands are essential to nearly everything you do. After an amputation or serious injury to a hand or finger, even simple daily tasks can become difficult or impossible. Many injured workers face ongoing challenges such as limited range of motion, permanent loss of function, or the inability to return to their prior job. Beyond the physical effects, these injuries often result in emotional distress, depression, and anxiety. Financial pressure can mount as medical bills increase and earning potential decreases.
What To Know After an Equipment Accident at Work
An equipment accident at a California workplace may leave you with broken bones, soft tissue damage, head or neck injuries, cuts and abrasions, and more. Fortunately, California law may entitle you to workers’ compensation benefits after a job-related injury, regardless of fault. Workers’ comp’ is available for one-time accidents, occupational illnesses, and repetitive stress injuries.
Obtaining benefits depends on following state law during the workers’ comp claim process, which an experienced California workers’ compensation attorney at Cramer + Martinez can explain further in a free consultation. We have almost 30 years of combined workers’ compensation experience.
Report Your Work Injury Immediately
Inform your employer within 30 days of the equipment accident or when you became aware of the injury. Tell your supervisor in writing about the injury, when and where it happened, and any eyewitnesses. The sooner the injury is reported, the better for your claim. You may lose the right to workers’ compensation benefits if you report your equipment injury after more than 30 days.
Workers’ Comp for Slip-and-Fall Accidents in California
Slip-and-fall accidents happen every day in the workplace. Sometimes, they amount to little more than a mild embarrassment. On less fortunate occasions, they can result in serious injury and require a workers’ compensation claim. While some jobs present a bigger risk for slipping and falling, it can happen almost anywhere. Consider the elements of these cases and how a California workers’ compensation attorney can help you.
Common Causes of Slip-and-Fall Accidents on the Job
Workers’ compensation benefits differ from personal injury claims in fault consideration. To claim compensation for a personal injury outside the workplace, you have to prove fault, but workers injured on the job can access workers’ compensation benefits, even if they were injured due to their own negligence. Therefore, nearly any type of fall at work could result in a workers’ compensation claim.
5 Disastrous Workers’ Compensation Claim Mistakes
Filing a workers’ compensation claim in California can be challenging. Mistakes and delays in your claim can be costly, which is why many injured employees seek the assistance of a qualified California workers’ compensation attorney. With your attorney's guidance, you can avoid common pitfalls and potentially maximize your workers’ compensation. For a free legal consultation, contact [[title] at 408-848-1113 today.
Failing To Report The Injury Immediately
In California, the law states that you must report a work injury to your company within 30 days. Waiting too long can lead to a denied workers’ comp claim because it may raise doubts about whether the injury is work-related. To avoid a claim denial, report the injury in writing to your employer as soon as possible.
Delaying Medical Care
Some workers postpone seeing their physician or skip treatments, thinking the injury is minor. This is a mistake because it gives the insurance company a reason to question your claim. A lack of medical documentation makes it seem as if the injury is not serious, and you do not need compensation.
Can Vocational Rehabilitation Be Incorporated in My Workers’ Comp Claim?
If you get injured at work, it can leave you facing challenges beyond medical recovery alone. If your injuries are temporary, you can return to your previous role once you are healed. However, if you suffer permanent impairments, it can be difficult, or even impossible, to continue doing your former job. Fortunately, California’s workers’ compensation system offers valuable support through vocational rehabilitation programs, which can help injured employees transition to new roles suited to their limitations. If this is something you need to pursue, speak with a knowledgeable California workers’ compensation lawyer to learn more.
What is Vocational Rehabilitation?
Vocational rehabilitation is a way to help workers who suffer from permanent disabilities that make it impossible for them to return to their previous occupations. Through this program, workers can receive training and resources to help them develop skills for a new job, often in a different field that accommodates their physical or mental limitations.
Can My Delayed Injuries Qualify for Workers’ Compensation?
Workplace injuries are not always immediately apparent. Some issues, such as soft tissue damage, internal injuries, or psychological conditions, may take time to develop or become noticeable days or even weeks after the initial incident. Understanding how local workers' compensation laws address delayed injury symptoms can help injured employees protect their rights and secure the benefits they need. If you develop symptoms of an injury long after your initial accident, speak with a skilled Hollister, CA workers’ compensation lawyer to hear about your rights and options.
What Types of Injuries Can Present Delayed Symptoms?
Delayed injury symptoms can occur in various forms. Whiplash and neck injuries can have symptoms like stiffness, headaches, or dizziness that do not appear until days after the injury. Cognitive issues, memory problems, and mood changes are symptoms of concussions or traumatic brain injuries (TBI) that can develop over time. Sprains, strains, or ligament damage can worsen gradually, revealing soft tissue injuries you were unaware of immediately after the accident. If your workplace trauma results in anxiety, depression, or PTSD, the emotional or psychological symptoms can take time to emerge.
Can I Choose My Own Doctor for My Workers’ Comp Case?
If you are injured at work in California, the doctor who treats you can have a major impact on your recovery and workers' compensation claim. California law allows some flexibility in choosing your healthcare provider, but there are specific rules that must be followed when attempting to demonstrate that your injuries are work-related. A qualified California workers’ compensation attorney can help you navigate your claim while ensuring that your rights are protected.
How Do I Choose a Doctor after a Workplace Injury?
In California, your ability to choose your own doctor depends on certain conditions:
Initial Treatment
When someone suffers a workplace injury, their employer typically has the right to choose the doctor who provides the initial treatment. This is because employers in California often have a Medical Provider Network (MPN), which is a group of doctors approved to treat workers' comp patients. If this is the case, the doctor who sees you during your first medical visit after the injury must be in that network for your first medical visit.
Options If Employer Refuses to File a Workers’ Comp Claim
California’s workers’ compensation laws are designed to protect employees who suffer work-related injuries or illnesses. Financial compensation can never take away the pain and suffering, but it can help a victim by providing the financial means to go through treatment and recovery at a time when medical bills can add up, and work may not be possible.
Employers are legally required to provide workers’ compensation insurance and report injuries promptly. If your employer refuses to file your claim in an attempt to avoid increased insurance premiums or potential liability, speak with a skilled California workers’ compensation lawyer to understand your options and take appropriate action.
Is My Employer Required to File My Claim?
Under California law, when someone is injured at work, their employer is legally required to:
- Provide workers’ compensation coverage.
Workers' Compensation for Injuries in Client's Homes
When you work in a designated workspace like an office or a warehouse, your employer can take steps to make sure employees are working in a reasonably safe setting. If your work involves visiting your customer’s homes, you are likely to be confronted with quite a few different hazardous conditions. Every customer’s home is different - some may be clean and in good condition, while others may be in dire need of repairs. Simply working in a place you are not familiar with raises the risk that you might be injured by a hazard you did not know to look out for, such as a loose step or an unsecured power cord. Fortunately, workers who are injured while carrying out their job duties in a customer’s home are generally eligible for workers’ compensation. An experienced Gilroy, CA workers’ compensation attorney can advocate for you to receive the benefits you need.
Common Dangers in Customers’ Homes
In a perfect world, your clients would take steps to make sure their homes are reasonably safe for people who are working in them. Some of the hazards workers who routinely enter their clients’ homes may face include:
From our office in Gilroy, CA we serve clients throughout Northern California including but not limited to San Jose, Santa Cruz, Salinas, Monterey, Watsonville, Morgan Hill, San Martin, Hollister, San Felipe, Dunneville, San Juan Batista, River Oaks, Sargent, Cottage Corners, Logan, Rucker, Santa Clara County, and San Benito County.
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