Sacramento Workers’ Compensation Attorneys

Notify your employer as soon as you can following a work-related injury. Employers in California are legally obligated to provide injured employees with a workers’ compensation claim form within one day of being notified of a workplace or work-related injury or illness. If you are getting the runaround or your employer says it isn’t serious enough for a workers’ compensation claim, you will need a skilled workers’ compensation lawyer to help. Call us and schedule a free consultation so we can advise you on what you’ll need to do to get the compensation you have a legal right to.

First, the why: We offer a free consultation to learn about each potential client’s situation, and that’s because we want to fully understand the known facts before we agree to take your case. An initial consultation allows you to ask common questions: How long will it take to get my workers’ compensation benefits? Will I have to sue my employer? Can I use my own doctor? Then, we explain how workers’ compensation works in California and what you can expect, including the timeline. If we decline to accept your case, there is absolutely no charge for the initial consultation. You can take as much time as you need to decide what you’d like to do, and you are not obligated to hire us.

If you have an on-the-job injury, you should immediately report the injury to your supervisor. Reporting the problem immediately helps prevent delays and other issues, such as obtaining necessary medical care and temporary disability payments. Then, call one of our experienced workers’ compensation attorneys to schedule your free consultation.

The best way to protect your workers’ compensation rights is to report your injury when you learn or believe that your job may have caused the damage. The law requires your employer to provide you with a claim form within one working day after learning about your injury or illness. If your employer fails to give you the claim form, it should be an immediate red flag that your employer or insurance company may not cooperate. This is another reason to contact a Sacramento workers’ compensation attorney immediately.

If you need emergency treatment, don’t delay. When you seek treatment, tell the healthcare provider who treats you that your injury or illness is job-related.

To have a claim covered by workers’ compensation insurance or be administered within the workers’ compensation system, the application must be AOE/COE, a workers’ compensation term that means “arising out of and occurring during employment.” Simplified, it means your injury may have happened on the job.

If an insurance carrier isn’t paying your benefits, they must send you a letter explaining why they have been delayed (denied). The letter must provide the information needed to avoid further delay.

If your claim is denied, the insurance company believes you were not injured or your injury was not work-related. A workers’ compensation attorney can help explain this to you and find a solution.

To have a disability within the workers’ compensation system is often misunderstood. Unlike the Social Security environment, a disability does not mean you cannot work. Most people who have workers’ compensation disabilities continue to be gainfully employed. A disability is simply a condition that makes engaging in physical, social, and work activities complex.

MMI means your condition has stabilized, and significant changes are not likely. This is a critical juncture in your case. Once you have reached MMI, a doctor can assess how much impairment and disability you have and hopefully have your disability rated and your case resolved. Settling a workers’ compensation case before reaching MMI is not optimum, which one of our workers’ compensation attorneys can explain to you at your free consultation.

If you have a permanent disability, this does not mean you cannot work. It merely means you have a condition that results in some limitations. That limitation may affect your ability to earn a living.

Workers’ compensation hearings happen before a judge, and you have the right to have a  workers’ compensation attorney represent you. The judge will direct your workers’ compensation attorney to submit evidence, including medical reports, witness statements, pictures, etc. Either side may call witnesses to testify. After the hearing, the judge will consider all the facts and evidence before deciding. The judge’s findings can be appealed.

Workers’ compensation hearings vary depending on the particular issue. Here are the basic steps taken at a workers’ compensation hearing:

1. The judge will discuss the general nature of the dispute with the attorneys to achieve a more narrow focus.
2. The attorney will submit evidence from various documents, including medical reports that support or refute the claims.
3. Once the materials are introduced, the judge will often allow the parties to call witnesses when appropriate to provide live testimony. Each side typically has an opportunity to question the witnesses.
4. Once the documents are entered and the witnesses examined, the attorneys will deliver closing arguments.
5. The judge takes the matter under submission/consideration.
6. After considering the case, the judge will typically issue a decision, often called a Findings and Award.
7. If not timely appealed, the findings and award will become the court’s final decision.