Explore Workers' Comp & Personal Injury Practice Areas

Workers' Compensation

Workers' Compensation provides financial and medical benefits to injured or ill workers. This insurance policy helps people heal and return to work by covering medical, lost income, and rehabilitation or retraining costs.

Workplace Injuries

Workplace Injuries occur when employees are injured while performing job duties. It includes accidents or health issues arising from work conditions, leading to compensation claims for medical costs and lost wages.

What is Workers’ Compensation?

Workers' compensation insurance under state law provides financial and medical benefits to injured or ill workers. Workers' compensation provides medical care, income replacement, and rehabilitation to injured workers.

What to do After a Work Injury?

Workplace injuries require immediate action. To document the injury, notify your employer promptly. File a workers' compensation claim immediately to start earning benefits. To safeguard your rights, keep careful records of medical treatments.

Injured Worker Right to Medical Treatment

Workers wounded on the job deserve medical attention. In some states, the employer or insurer chooses the healthcare provider. Workers generally receive care for illness or injury.

Injured Worker Right’s To Permanent Disability Benefits

Long-term or permanent injuries or conditions that impede work qualify for permanent disability compensation. Damage severity and influence on daily tasks or job performance determine these benefits.

Injured Worker Rights To Temporary Disability Benefits

Worker injuries and illnesses that prevent them from working are covered by temporary disability compensation. These benefits usually reimburse a percentage of the worker's lost pay while recovering and unable to work.

Injured Worker’s Rights to Death Benefits

Family members of dead workers might obtain workers' comp. The worker's spouse, children, or other dependents receive burial costs and a percentage of income. The family needs money after the breadwinner died in a job accident.

Types of Work Injuries

Work injuries include slips, trips, falls, mechanical injuries, repetitive strain injuries including carpal tunnel syndrome, and chemical or asbestos exposure. PTSD and other mental health issues can result from job trauma.

Denied Workers’ Compensation Claims

Denied Workers’ Compensation Claims involve legal action to overturn denied claims. It includes challenging decisions to secure benefits and compensation for work-related injuries or conditions.

Discrimination Against Injured Worker

Employers cannot retaliate against workers' comp claims. Workers seeking work-related injury or illness benefits should not be dismissed, demoted, or relocated. Claims may be discriminated against, so they can complain to the labor board or agency.

Workers’ Comp Settlement Options

Settlement methods allow workers to collect compensation without going to court. Lump-sum or structured settlements offer the worker one-time or continuing payments. Injury severity, medical expenditures, and other factors determine compensation.

Serious & Willful Claim

Serious, committed Workers can demand higher pay if the employer was reckless or malicious. Distributing dangerous equipment or endangering personnel is illegal. Successful claims may increase employer fines or benefits.

Catastrophic Injury attorney

A catastrophic injury attorney assists clients who suffer severe injuries from accidents or negligence. They understand personal injury law. They seek maximum compensation for medical expenses, lost wages, and pain and suffering. They help victims and their families navigate the legal process and secure justice.

Frequently asked Questions

Common workers' compensation issues include eligibility, how to submit a claim, and what injuries are covered. Workers' compensation's impact on personal injury and disability claims worries others.

Workers' Compensation Benefits for Coronavirus

COVID-19-infected workers may qualify for workers' comp. Healthcare and key personnel are at risk, hence many states have increased COVID-19 workers' comp. State laws vary on how workers must prove they contracted the virus at work.

Undocumented Workers

Illegal laborers may obtain workers' comp. Many states protect all workers from workplace injury, regardless of immigration. Medical benefits, pay replacement, and rehabilitation may be available to workers, but they cannot report injuries or receive legal aid.

Office-Related Injuries

Office-related injuries involve injuries occurring in office environments. It includes claims for conditions like repetitive strain or slip and fall accidents, seeking compensation for medical costs and lost wages.

Fatal Workplace Accidents

Fatal Workplace Accidents involve claims for families of workers who die due to work-related incidents. It includes seeking compensation for wrongful death, funeral expenses, and loss of income.

Back and Neck Injuries

Back and Neck Injuries occur from workplace accidents involving the spine or back. It includes claims for medical treatment, lost wages, and compensation for long-term impacts from such injuries.

Medical Benefits Claims

Medical Benefits Claims involve seeking coverage for medical expenses related to workplace injuries. It includes ensuring all necessary treatments and therapies are covered under workers’ compensation.

Disability Claims

Disability Claims involves a request where the claimant shows disability, making a disability determination, to receive claimant benefits. It must be advised immediately.

Delayed Workers’ Compensation Claims

Delayed Workers’ Compensation Claims address delays in receiving workers’ compensation benefits. It involves efforts to expedite the claims process and ensure timely access to medical and wage benefits.

Injured Worker’s Rights to Voucher

Some jurisdictions offer retraining or education vouchers to injured workers. These vouchers are normally offered if the worker's injury permanent disables them. The voucher can help the worker change careers through education, occupational training, or job placement.

Spinal Cord Injuries

Spinal Cord Injuries are serious injuries involving the spinal cord, often from workplace accidents. It includes claims for medical expenses, rehabilitation, and compensation for permanent disability effects.

Brain Injuries

Brain Injuries involve claims for work-related traumatic brain injuries. It includes obtaining compensation for medical treatment, rehabilitation, and long-term effects from injuries sustained on the job.

Burn Injuries

Burn Injuries occur from workplace accidents involving fire or chemicals. It includes seeking compensation for medical treatment, rehabilitation, pain and suffering, and lost wages due to burn injuries.

Workers’ Compensation Appeals

Workers’ Compensation Appeals involve challenging denied or inadequate compensation claims. It includes legal efforts to overturn denials and secure rightful benefits for work-related injuries or conditions.

Workplace Chemical Exposure

Workplace Chemical Exposure involves health issues from hazardous chemicals at work. It includes conditions like respiratory problems or skin diseases, requiring medical benefits and compensation for long-term health effects.

Slip and Falls at Work

Slips and Falls at Work involve injuries from slipping or tripping on workplace premises. It includes hazards like wet floors or uneven surfaces, leading to medical claims and compensation for lost wages.

Construction Site Injuries

Construction Site Injuries occur when workers are hurt on construction sites. It involves accidents like falls or equipment failures, seeking compensation for medical costs, lost wages, and long-term effects.

Occupational Diseases

Occupational Diseases are illnesses caused by exposure to harmful substances or conditions at work. It includes diseases, requiring medical benefits and compensation for health impacts.

Repetitive Stress Injuries

Repetitive Stress Injuries are caused by repetitive motion or strain at work. It includes conditions like carpal tunnel syndrome, resulting in medical treatment and compensation for work-related injuries.

Hearing Loss Claims

Hearing Loss Claims relate to workplace-induced hearing damage from excessive noise. It includes claims for medical treatment and compensation for the loss of hearing abilities due to work conditions.

Liability Claims

Liability Claims involves a legal action in which someone asserts a compensation for a wrongdoing. It includes property damage claims, involving some other persons.

Personal Injury

Intention, recklessness, or negligence create personal injury. Medical negligence, product defects, car accidents, and slips and falls can cause damage. Compensation for medical expenditures, lost wages, and pain is possible for injury victims.

Bicycle Accidents

Bicycle Accidents occur when a cyclist collides with vehicles, pedestrians, or stationary objects. It involves crashes with cars, trucks, or obstacles on the road, often resulting in significant injuries.

Automobile Accidents

Automobile Accidents, also known as Car Accidents, occur when a motor vehicle collides with other objects. It involves fixed objects such as trees, buildings, and other motor vehicles.

Pedestrian Accidents

Pedestrian Accidents occur when individuals walking are hit by vehicles or collide with stationary objects. It involves crashes with cars, trucks, or obstacles, often resulting in significant injuries.

Rear End Accidents

Rear-end accidents occur when one vehicle hits another from behind. Rear end accidents happen when one vehicle hits the back of another. Distracted driving and sudden stops often cause accidents. Victims get compensation for medical expenses, lost wages, and pain and suffering.

Passenger Accident

Passenger accidents occur when people are injured in a vehicle. The driver is often careless or collides with another object. Passengers can get compensation for their injuries, regardless of who is at fault. Attorneys assist people with insurance claims. They provide fair settlements.

Drunk driving accident attorney

An attorney helps victims injured by drunk drivers. They manage DUI laws to secure the best compensation for medical bills, rehabilitation costs, and emotional distress. Experts assist victims in recovering and safeguarding their legal rights.

Premises Liability

Premises Liability involves legal responsibility for injuries occurring on a property due to unsafe conditions. It includes hazards like defective stairs or inadequate lighting, affecting visitor safety.

Heavy equipment accident attorney

A lawyer for heavy equipment accidents manages injury cases from faulty or improperly used heavy machinery. The team understands the regulations and safety standards for using equipment. They hold negligent parties accountable. Victims get compensation for medical costs, lost income, and long-term rehabilitation needs.

Truck Accidents

Truck Accidents involve severe consequences for both the people and the occurred communities. A truck accident involves a collision between a truck and another vehicle or object, often causing significant damage and injury.

Dog Bites

Dog Bites involve legal claims for injuries caused by dog attacks. It includes bites or scratches from pets, often resulting in medical costs, pain, and emotional distress for the victim.

Nursing home neglect attorney

A nursing home neglect attorney protects the rights of elderly residents. They look into claims of neglect. Malnutrition, medication errors, and unsanitary conditions occur. They act legally to ensure justice and improve standards for vulnerable residents.

Slip and Fall Accidents

Slip and Fall Accidents, also known as Trip and Fall Accidents, occur when a person slips, trips, or falls due to unsafe conditions on the property. It involves hazards like wet floors or uneven surfaces.

Defective product attorney

A defective products attorney handles injury cases from faulty or dangerous consumer products. Manufacturers, retailers, and distributors must ensure product safety. They must take responsibility for their negligence. Victims can receive compensation for medical expenses, lost wages, and other damages from defective products.

Defective Drugs

Defective Drugs involve legal claims for harm caused by unsafe or improperly labelled medications. It includes injuries or adverse effects from drugs that are defective in design, manufacturing, or warnings.

Wrongful Death

Wrongful Death claims arise when someone dies due to another’s negligence or intentional harm. It involves seeking compensation for the deceased’s family for lost income, funeral expenses, and emotional suffering.

Product Liability

Product Liability refers to legal claims for injuries caused by defective or unsafe products. It involves manufacturing defects, design flaws, or insufficient warnings, leading to harm or damages.

Motorcycle Accidents

A motorcycle accident involves a collision between a motorcycle and another vehicle or object, resulting in possible injuries and property damage. It involves crashes with cars, trucks, or fixed objects like guardrails, often resulting in serious injuries.

Medical Malpractice

Medical Malpractice occurs when healthcare professionals provide substandard care, resulting in patient harm. It involves errors like misdiagnosis, surgical mistakes, or incorrect treatments that affect patient health.

Class Action

Class action involves a legal case in which a person or a group of people represents a wide range of people, being affected by the same wrongdoings.

About SIBTF

The California-based SIBTF rewards new and pre-existing disability workers. When the new injury plus past illness pose a higher handicap than the new injury alone, the fund pays extra cash. SIBTF protects and pays company-employed pre-existing condition workers.

SIBTF Requirements

Workers' comp must cover pre-existing conditions. Workers must show that earlier injuries pain more. Request SIBTF payments and medical verification of pre-existing and subsequent conditions within five years of injury.

Type of Pre-Existed Injuries May Be Included

Many workers' comp pre-existing conditions are SIBTF. Permanent impairments include amputations, blindness, hearing, back, neck, respiratory, mental health, and others. Limitations in work capacity without disability may qualify. Help crippled and injured workers.

Credits and Offsets

SIBTF can credit or offset workers' comp claims to modify income. Pre-existing condition compensation may diminish new injury SIBTF benefits. Offsets and credits prevent worker overcompensation. Injury and pre-existing condition determine SIBTF reimbursement.

SIBTF Statute Of Limitations

Claims processing speeds up after five years. The filing deadline may alter if the injury is discovered later or symptoms worsen. Workers with various disabilities should immediately seek legal counsel and demand better remuneration.

Public Safety Presumption LC § 3212

The Public Safety Presumption applies to police, firefighters, and other emergency responders. It considers heart, cancer, and respiratory issues work-related for some. Workers' compensation is presumed without proof that their job caused their condition.

Police officers & firefighters Salary Continuation LC § 4850

Police, firefighters, and safety officers temporarily disabled by work-related accidents or diseases receive income continuance. Unemployed workers receive full pay during rehabilitation for a year.

Estate Planning

Estate planning distributes assets after death. Wills, trusts, financial, healthcare, and property powers of attorney. An inheritance plan should decrease taxes and safeguard children. Effective estate plans distribute assets and protect loved ones from financial issues.

Asset Protection

Asset protection laws protect a person or business's money from creditors, lawsuits, and other threats. Trusts, insurance, and LLCs protect assets. Legally protecting assets and reducing financial loss needs strategy and local law expertise.

Unpaid Wages & Overtime

Employees are entitled to overtime and other unpaid wages. Employers must pay 1.5 times their standard hourly rate for hours worked above 40 per week. Employers must carefully track labor hours for overtime compliance.

Overtime Exemption

Some workers' remuneration exempts them from overtime. Exempt positions include executives, administrators, professionals, and outside salespeople. Understanding overtime exclusions helps businesses and employees avoid difficulties and pay fairly.

Overtime Executive Exemption

The overtime executive exemption applies to business and department managers and supervisors. The candidate must supervise two full-time employees, make major business decisions, and earn state or federal minimums.

Overtime Administrative Exemption

The overtime administrative exemption applies to office workers who manage or oversee business operations. Policy development and corporate data analysis demand autonomous judgment and decision-making from these workers.

Overtime Professional Employee Exemption

Overtime exemption for qualified and trained professionals. Creative workers who meet labor law compensation criteria don't work overtime. It recognizes that professionals have advanced degrees than non-exempt workers.

Overtime Computer Professional Exemption

The overtime computer professional exemption applies to software developers. These workers may be exempt from overtime pay if they are salaried or earn a minimum hourly rate defined by labor rules.

Overtime Outside Salesperson Exemption

Employees who sell outside the workplace don't get overtime. They don't get overtime if they sell products. Local labor regulations determine whether employees must fulfill pay or commission standards for the exemption.

Meal Breaks

Many states, including California, require 30-minute meal breaks for shifts over five hours. The first five hours of the shift necessitate one food break. Labor laws require meal breaks for most workers, with some exceptions.

Rest Breaks

Shifts above four hours necessitate breaks. Work should halt during midshift breaks wherever possible. Without enough breaks. Worker health and tiredness improve with breaks. Employers must provide these breaks by state and federal law.

Accrued vacation

Vacation time hours are determined by tenure. Tenure determines vacation time. Employers give one or two vacation days every month. Unused vacation time constitutes earned income and must be compensated upon termination.

Tips and Gratuity

Customer tips and gratuities are voluntary payments for services. Tips are employee property under the FLSA, thus employers cannot seize or withhold them. Employers may contribute to the tip pool under certain conditions.

Commission and internal salesperson

Commissions are common for salespeople. The pay system promotes performance and can enrich top performers. Office-based internal salespeople may receive basic income. The employers and employees should set clear expectations.

Unlawful deductions requirement

Companies can't improperly deduct pay. The legislation or employees must authorize deductions for business property, uniforms, or errors. Employers cannot withhold salaries for breakage or cash shortages unless agreed upon or required by law.

Holiday pay requirements

Although no federal law requires holiday pay, many employers give it as a reward. Staff often get time-and-a-half on certain days. State legislation, corporate practices, and labor agreements influence holiday compensation.

Independent contractor vs. employee

Minimum wage

Paydays and Pay Period

Reporting time requirements

Split shift requirements

Waiting time penalty

Alternative work schedule

Cash Pay Under the Table

Harassment and discrimination Attorney

A harassment and discrimination attorney represents employees who are harassed or discriminated against for race, gender, age, disability, or other protected characteristics. These lawyers assist victims with compensation and protection from further abuse.

Job discrimination attorney

Employment discrimination attorneys assist clients who are wrongfully hired, promoted, or treated based on race, gender, religion, age, or handicap. Experienced attorneys assist with EEOC complaints and lawsuits for lost income, emotional distress, and job restoration.

Wrongful termination attorney

A wrongful termination lawyer represents sacked workers. Contractual, anti-discriminatory, and whistleblower dismissals are mentioned. Wrongfully fired employees receive lost wages and job reinstatement. A wrongful termination attorney represents employees in difficult situations.

Pregnancy discrimination attorney

Pregnancy discrimination attorneys protect employees who are discriminated against for pregnancy or related medical issues. A pregnancy discrimination attorney helps employees get time off or modified assignments and protects their rights at work.

Age discrimination attorney

An age discrimination lawyer defends over-40 workers from unfair treatment. These lawyers assist clients in finding and challenging age-based hiring. Age discrimination lawyers seek lost wages, benefits, emotional distress, and job reinstatement.

Disability discrimination attorney

Disability discrimination lawyers represent disabled workers. ADA protects workers from discrimination and provides accommodations. These attorneys help workers ensure their employers meet ADA job accommodations, accessibility, and hiring requirements. They provide equitable wages.

Racial discrimination attorney

Racial discrimination attorneys represent workers who have encountered workplace race, ethnicity, or nationality discrimination. They represent clients in legal actions to recover lost salary and mental suffering. They seek job restoration for victims.

Religious discrimination attorney

Religious discrimination attorneys protect employees confronting employment prejudice. Attorneys help clients get flexible schedules, clothing codes, and prayer time. They help workers file EEOC cases or lawsuits to challenge discriminatory practices and recover damages.

Gender discrimination attorney

Gender discrimination lawyers represent mistreated workers. This includes gender-based pay gaps, harassment, progression denials, and wrongful termination. They restore lost wages, emotional distress, and jobs. Gender discrimination attorneys provide justice and help employees fight discrimination.

Sexual harassment attorney

Attorneys assist sexually harassed workers. Title VII of the Civil Rights Act prohibits sex discrimination and harassment. These attorneys represent victims seeking damages, emotional suffering, or lost pay. EEOC and other regulators help clients.

Whistleblower attorney

Whistleblower attorneys help workers report fraud, safety, or environmental hazards. The False Claims Act shield whistleblowers against unjust termination and harassment. These attorneys help whistleblowers get compensation. Whistleblower lawyers advise clients on government claims.

Glass ceiling attorney

A glass ceiling attorney assists women and minorities facing career discrimination. They seek justice through lawsuits and business policy changes against unjust practices. They assist clients in employment discrimination cases, damages claims, and workplace equality.

Lactation accommodation attorney

A lactation accommodation attorney helps employees who cannot express milk at work. They help file complaints who violate accommodation standards. A lactation accommodation attorney assists working women in breast feeding while working.

Non-Competition Clauses

Non-competition clauses in employment contracts prevent former employees from working for a competitor. Limits on the employee's location, length, and work kind are common. A lawyer can challenge or negotiate a non-compete agreement if an employee finds it excessively constraining.

Employment At-Will & Breach of Employment Contract

At-will employment allows either person to quit the relationship without justification, except for discrimination or reprisal. Employment contract violations occur when employers or employees break contracts. A contract violation attorney can help employees understand their rights.

Implied & Oral Contracts

Unwritten contracts are inferred and spoken. Implied contracts are based on party behavior, while oral contracts are verbal. Unstated behaviors or statements can imply employment contracts. Lawyers interpret and enforce implicit or expressed contracts, especially in employment disputes.

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