Sacramento Workers’ Compensation Attorneys
The Sacramento workers’ compensation attorneys here at Eason & Tambornini can help you obtain the Labor Code’s benefits when you suffer a work-related injury or illness. Our lawyers have mastered several facets of workers’ compensation claims, which result from car accidents, slips and falls, burns, and other workplace accidents resulting in injury or illness.
For the last 25 years, the Eason & Tambornini workers’ compensation attorneys have become experts in work-related injury matters in California. Our Sacramento workers’ compensation lawyers work tirelessly to procure equitable settlements for our clients. Contact an Eason & Tambornini workers’ compensation attorney today at (916) 438-1819 for a FREE consultation.
>> Claims for Serious and Willful Misconduct of an Employer
>> What are an injured employee’s rights to medical treatment?
>> What are an injured employee’s rights to permanent disability?
>> What are an injured employee’s rights to temporary disability payments just after the injury?
>> How to Choose from a Panel QME (Qualified Medical Evaluator)
I was injured on the job in July 2018. At first, Eason & Tambornini were unsure if I had a workers’ compensation case but still took a chance on me. I have been beyond blessed by their services. My lawyer, Ilona, and her paralegal Vicky were beyond professional and helpful. My workers’ compensation case was not easy by any means. But they have advocated for me since day one and are continuing. There can never be enough “Thank you’s” to Vicky and Ilona.” Adrienne
Our Sacramento Workers’ Compensation Attorneys: Experienced Trial Lawyers
Besides being injured from a single event or a traumatic injury, a Sacramento workers’ compensation attorney can also assist you with injuries resulting from repeated exposures at work, such as hurting your wrist from motion repetition or losing your hearing a constant loud noise.
A Sacramento workers’ compensation attorney can help you with the five essential benefits provided by workers compensation insurance:
- Medical care: Paid for by your employer to help you recover from an injury or illness caused by work.
- Temporary disability benefits: Payments if you lose wages because your injury prevents you from doing your usual job while recovering.
- Permanent disability benefits: Payments if you don’t recover completely.
- Supplemental job displacement benefits (if your date of injury is in 2004 or later): Vouchers to help pay for retraining or skill enhancement if you don’t recover completely and don’t return to work for your employer.
- Death benefits: Payments to your spouse, children, or other dependents if you die from a job injury or illness.
In addition to the five essential benefits provided by workers’ compensation insurance, a Sacramento workers’ compensation attorney may also be able to help with claims directly from the person that injured you or help you obtain necessary governmental benefits.
Qualified medical evaluators (QMEs) or potentially agreed medical evaluators (AMEs)
Injured workers have the right to be examined by Qualified medical evaluators (QMEs) or potentially agreed medical evaluators (AMEs). The examination aims to determine the injured employee’s rights to benefits or possibly to resolve a dispute over recommendations by the treating physician. Qualified medical evaluations are traditionally licensed medical doctors but can also include other healthcare specialties such as chiropractors, dentists, and optometrists. Agreed Medical Examiners and Qualified Medical Examiners; the difference between a QME and an AME is primarily because AMEs were a negotiated selection by the parties.
Besides obtaining a free consultation with a Sacramento Workers’ Compensation Attorney, what should I do if I have a job injury?
If you have an on-the-job injury, besides obtaining a free consultation with a Sacramento workers’ compensation attorney, you should immediately report the injury to your supervisor! You must report the injury timely to avoid being denied as untimely and may subject yourself to unnecessary scrutiny and delay.
Conversely, reporting the problem immediately helps prevent delays and other issues, such as obtaining necessary medical care and temporary disability payments.
The best way to protect your workers’ compensation rights is to report your injury as soon as 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 needs to give you the claim form, a Sacramento workers’ compensation attorney can provide one. Suppose your employer does not document the injury or provide a claim form. In that case, that should be an immediate red flag that your employer or insurance company may not cooperate. A further cause is to contact Sacramento workers’ compensation attorney immediately!
If you need emergency treatment, get it! Your employer may tell you where to go for treatment, but no matter what, if you need medical help, get it. When you seek treatment, you must tell the healthcare provider who treats you that your injury or illness is job-related.
Sacramento Workers’ Compensation Attorneys - Frequently Asked Questions
To have a claim covered by workers’ compensation insurance or be administered within the workers’ compensation system, the application must be AOE/COE. AOE/COE is an acronym used by attorneys within the workers’ compensation system. It means “arising out of and occurring in the course of employment.” Simplified, it means your injury may have happened on the job.
Abbreviations in the workers’ compensation systems are very common, and a C&R is one of the most regularly used. It is a short-hand way of saying “compromise and release.” A compromise and release are when you receive a single lump-sum payment now and waive any future rights against your employer or the insurance company for claims arising out of your injuries, including medical bills. C&Rs can be very beneficial, but accepting a compromise and release should not be done without the advice of a workers’ compensation attorney.
http://research.upjohn.org/cgi/viewcontent.cgi?article=1181&context=reports
If an insurance carrier isn’t paying you benefits, they are required to send you a letter explaining why they have been delayed or denied. The letter must provide the reason for the delay and 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.
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.
Workers’ compensation hearings vary depending on the particular issue. Traditionally, there are many different matters on the calendar for a specific time. When your case is called, the judge will discuss the general nature of the dispute with the attorneys to refine the issues. Once the problems are narrowly focused, the judge will ask the attorney to submit into evidence various documents, including medical reports that support or refute the claims. 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. Once the documents are entered and the witnesses examined, the judge may permit the attorneys to summarize evidence on the record or in writing. This summary is referred to as closing arguments, which are generally allowed. Then, the judge takes the matter under submission/consideration. After considering the case, the judge will typically issue a decision, often referred to as a Findings and Award. If not timely appealed, the findings and award will become the court’s final decision.
MMI means your condition has reached a plateau and/or stabilized. There may be some minor improvement or deterioration expected in the future. Still, generally speaking, your situation has reached a phase where significant changes are not likely. This is a critical juncture in your case. Once you have reached Maximum Medical Improvement, a doctor can assess how much impairment and/or disability and hopefully have your disability rated, and your case resolved. Settling a workers’ compensation case before you have reached MMI is futile, and typically a lousy idea absents extenuating circumstances.
Conventional and alternative medicines are only sometimes in agreement. Because of the complexities of the workers’ compensation system, the law only requires insurance companies to provide evidence-based medical treatment. Stated differently, they only have to provide treatment that has been proven by science to cure or relieve injuries. Some alternative medicines are not approved, and some experimental or cutting-edge therapies can also be denied. The Medical Treatment Utilization Schedule (MTUS) is a set of written guidelines that details what types of treatments insurance has to pay.
https://www.dir.ca.gov/dwc/mtus/mtus_regulationsguidelines.html
A mandatory settlement conference is an event that traditionally takes place with the workers’ compensation judge. It is a conference in which the injured employee, insurance adjuster, and attorneys are required to attend or in some cases, be available by telephone. At the meeting, the judge requires attorneys to review the facts and laws with each other and their respective clients. The court encourages the parties to discuss the matter in detail and hopefully come to a resolution. Attendance at the settlement conference is generally mandatory. The decision at the settlement conference is entirely voluntary.
https://www.scscourt.org/self_help/civil/lawsuits/settlement_conf.shtml
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.
The Department of Workers’ Compensation publishes schedules to calculate and rate permeant disabilities. A workers’ compensation attorney can assist you in the rating, or you can have your case rated directly by the rating unit at the WCAB.
Please contact our law firm today to discuss your case with one of our Sacramento workers’ compensation attorneys.
WORKERS COMPENSATION ARTICLES
14 Common Workplace Injuries in California
Workplace injuries happen daily in California, from slips and falls to broken bones and even fatalities. Eason & Tambornini attorneys
What Happens If A Work-Related Injury Ends My Career?
Suppose you’ve been severely hurt in a work-related injury that prevents you from continuing to work in your chosen occupation,
What is California’s ‘Going and Coming’ Rule?
If you’ve ever been involved in an accident on the way to work or coming home from work, you may
Why you need a Workers’ Compensation Attorney in California
Specific criteria and requirements must be met to qualify for workers’ compensation benefits in California, and the list is not
What Are Workers’ Compensation Benefits for Firefighters in California?
California firefighters are eligible for workers’ compensation benefits, which provide medical care, wage replacement, and other benefits to employees injured
Are Volunteer Firefighters in California Covered Under Workers’ Compensation?
The short answer is yes; the California workers’ compensation system benefits employees and eligible volunteers for work-related injuries or illnesses.
Understanding the Battle for Workers’ Compensation Benefits for Undocumented Workers
Workers’ compensation for undocumented workers in California can be tricky to explain and understand. But the bottom line is that
Efficiency At What Cost: Workplace Injuries Inside Amazon Warehouses
For several years, e-commerce behemoth Amazon has been scrutinized by what many call an alarming increase in workplace-related injuries, specifically
What Happens To My Regular Benefits If I’m Getting Workers’ Compensation?
Have you been injured at work or become sick because of your job? If so, you may be entitled to
Is Carpal Tunnel Syndrome Covered By Workers’ Compensation
Carpal tunnel syndrome is a medical condition affecting a person’s hands and wrists, causing tingling, numbness, and pain. The disease