If you are a California employee, and you sustain an injury in the course of your employment, then the California Workers’ Compensation Act provides you with a state-mandated insurance program of economic benefits and protections to help you recover.
The California workers’ compensation system is a no-fault system. The system was created after the industrial revolution in the mid-19th century, when workers’ risks for injuries increased, and the established fault-based system (or tort system) was inadequate in providing a proper remedy for injured workers.
The system was enacted to help in your recovery. It provides benefits while you are recovering including financial assistance if you are unable to work for a limited time (“temporary disability”), medical care at no cost to you, and potential financial award for the injury (“permanent disability”). If you are unable to return to your usual and customary job after recovering due to work restrictions, then the system affords a voucher for retraining.
If you sustain a work-related injury, whether physical or mental, the system protects you from discrimination by your employer or your employer’s insurance company for industrial injury.
Workers’ compensation is an essential aspect of the social safety net. It is insurance coverage that every California employer is required to provide for every employee. As workplaces evolve, as employees are exposed to the litany of stressors on their bodies, the workers’ compensation system grows and develops with the medical profession in an effort to provide the most comprehensive system benefits to assist in employee recovery.
Most people are eligible for workers’ compensation benefits. The law protects all employees in California who have been hurt on the job within the scope of their employment. This includes anyone with a current or past employer, including full-time, part-time, and temporary employees. It also covers retired workers applying for pension disability benefits if they were injured while employed.
If you have an active workers’ compensation injury claim or if you believe that you sustained a work-related injury, whether or not your employer denies your injury claim, contact Barry Law Group immediately to discuss your options. We can help determine eligibility for this life-changing, valuable benefit.
If you suffered a work-related injury, you might be in pain, fearful of your future and your finances, and confused by medical appointments, correspondence letters and the process of workers’ compensation. You are not alone.
First things, first: take care of yourself. Immediately upon sustaining a workplace injury, seek medical care. Go to your primary care doctor, or local hospital or urgent care facility, and get a proper diagnosis and treatment plan.
Memorialize your experience: write down or email yourself, and document the nature of your injury, including any witnesses and details, pictures, and co-workers’ statements. Continue to document your experiences. The workers’ compensation process, depending on the nature of your injury, might take some time to resolve. As a result, documenting your experience can assist you throughout your claim process.
Don’t forget to tell your employer that you suffered an injury. Generally, you should inform your employer within 30 days of sustaining your injury, or discovering your injury.
Seek information which will empower you to regain control of your injury claim process and your recovery plan.
If you’re injured at work and your employer is not paying for medical care, you must contact an attorney. The longer you wait to initiate a claim, the more difficult it will be to prove that work-related activities caused your injuries. Employers may try to say that the injury was unrelated or occurred after hours. They might even make up an excuse about why they refuse to pay for treatment.
You need someone with experience in workers’ compensation law on your side from day one. They can help provide medical documentation of what happened and when and legal representation in negotiations with employers who are trying to avoid responsibility. If you want a chance at receiving fair compensation for the time spent out of work because of your injury, you need an experienced attorney on your side right away.
If you are injured on the job, it is vital to have an experienced lawyer who knows how to handle workers’ compensation claims. We at Barry Law Group have been providing legal services for years and can help with your case. Our friendly and seasoned lawyers have a thorough understanding of the system and will guide you throughout your case to help ensure that you receive the maximum benefits. We understand just how much a severe injury can impact your life, and we will work with you to obtain the most favorable resolution possible under the circumstances. Our workers’ compensation lawyers are devoted to helping victims just like you, and their many years of experience with cases similar to yours will help ensure that your case is settled as quickly and as fully as possible.
Simply, you do not pay Barry Law Group in workers’ compensation matters unless we are successful in obtaining workers’ compensation benefits for you.
You will not need to provide Barry Law Group with an up-front retainer or otherwise pay an hourly fee for our workers’ compensation legal services. By law, the Workers’ Compensation Appeals Board (WCAB) will approve our attorneys’ fee at the end of your case by a workers’ compensation judge (WCJ).
Regardless of your circumstances, after you retain Barry Law Group for workers’ compensation legal services, we are dedicated to providing you with the highest quality representation until your case is resolved.
After sustaining a work-related injury, you might be wondering who you can trust.
The workers’ compensation system is complex and often confusing. It is critical that you develop a working relationship with someone who understands the complexities of the law and processes. You will need to speak candidly about your private medical history, which is inherently personal and highly protected information. An Encino workers’ compensation lawyer is here to provide an empathetic, listening ear while maintaining confidentiality.
If you have been injured in a work-related accident or are facing an illness or condition that is linked to workplace conditions, then you are entitled to receive workers’ compensation to cover the associated damages.
In California, an employee is entitled to workers’ compensation, even if they were at fault for the injury. If an employer is denying you workers’ compensation by claiming that you were responsible for the accident that led to your injuries, it is important to contact an experienced workers’ comp lawyer who can represent you.
At Barry Law Group, our attorneys can attempt to negotiate a fair settlement with the workers’ comp insurance company outside of court. If it is in your interest, we can pursue litigation on your behalf to make sure you are adequately covered.
In California, damages covered by workers’ comp include medical expenses, such as hospital stays, medications and medical devices, physical rehabilitation, surgeries, clinic visits, diagnostic tests, and more. Furthermore, depending on your circumstances, CA workers’ compensation can cover vocational retraining, past and future lost wages or earning potential, and short-term disability.
No, when it comes to workers’ compensation, California is not an at-fault state. This means that an employee who is injured due to a workplace injury does not have the burden of proving that their employer was at fault in order to receive compensation. In most cases, they cannot sue their employer for a workplace injury.
You most likely cannot sue your employer after accepting California workers’ compensation. If you have already gone through a workers’ compensation settlement case, signed off on an agreement, and received your compensation, then it is likely not possible for you to sue your employer for the same case.
However, there are certain exceptions to this, including if the case involves malicious behavior or new evidence emerges showing serious criminal activity. A knowledgeable criminal attorney can assist you in understanding your options for suing your employer.
Technically, you do not need a California workers’ compensation lawyer for your case. It is not required by law to have a workers’ compensation lawyer represent you if you have been injured on the job or are experiencing a condition tied to workplace conditions. However, it’s critical to note that a workers’ comp lawyer has the experience and legal skills to adequately assess and evaluate your damages and then work toward getting you the amount that you are entitled to.
You should look for extensive experience in a California workers’ compensation lawyer. If you have been injured on the job, it is important to work with a workers’ compensation lawyer who can represent your case to help you obtain the settlement that you are entitled to. Workers’ comp lawyers who tend to have more successful case outcomes have existing experience with workers’ comp and injury cases similar to yours and are excellent negotiators and sound litigators.
At Barry Law Group, we listen. We are committed to working with you, and providing you with a plan that is uniquely tailored to the circumstances of your injury. Communications between you and Barry Law Group are confidential, including consultations.
For more information, contact us online or call our office. Our experienced Encino Workers’ Compensation Lawyers can discuss the process you can expect for your case. Our boutique firm doesn’t spread hours thin by taking on too many clients. When you work with us, you have our full attention. Contact us today to start fighting for the compensation you deserve.
Barry Law Group is comprised of attorneys and longtime staff members who are committed to the success of your legal matter. The firm understands that for most litigation is uncharted worrisome and often terrifying.