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San Jose Workers’ Compensation Attorneys
Believe in Your Right to Fair Benefits
At Pacific Workers’, The Lawyers for Injured Workers, we believe in every worker’s right to fair benefits through workers’ compensation after being hurt on the job. But insurance companies and corporations do not always see eye-to-eye with us. When they make life difficult for an injured worker in San Jose, we know we have to step up and fight for them, just as we would expect if the situation was the other way around.
Understanding CA Workers' Compensation
Workers' compensation, often referred to as “workers' comp,” is a vital system designed to provide essential benefits to employees who suffer work-related injuries or illnesses. If you are covered by workers’ compensation as most workers in California are, then you should be able to get its benefits without much trouble.
Workers' Compensation operates on a no-fault basis, which means that employees are entitled to these benefits without having to prove that their employer was at fault for their injuries or you can admit to accidentally causing your injury and still get coverage. In exchange for this streamlined process, employees give up their right to sue their employer in court for additional damages.
components of workers' compensation
- Medical Benefits: Every dollar of necessary medical care should be paid by the insurance company with no cap. Workers' comp covers the costs of necessary medical treatment related to a work-related injury or illness. This includes doctor's visits, surgeries, medications, physical therapy, and any other medical services required for recovery. Problems can arise if the insurer tries to argue that some of the treatments you received were elective or optional, rather than required.
- Temporary Disability: If your injury prevents you from working temporarily, you may receive temporary disability benefits, which replace a portion of your lost wages during your recovery period. Temporary disability benefits pay you equal to two-thirds of your average pre-injury wages.
- Permanent Disability: In cases where your injury results in permanent impairment, you may be entitled to permanent disability benefits. The severity of your impairment and its impact on your ability to work determine the amount you receive. Permanent disability calculates your weekly pay based on the severity of your impairment and other factors.
- Supplemental Job Displacement Benefit: If you cannot return to your usual job due to your injury, you can receive employment retraining courses at no cost to you if you can’t return to your previous job but can complete work in a different capacity, helping you transition to new employment. You might even be eligible to receive credit for certifications or educational classes that will help you begin a different career that can accommodate your disability.
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No WIN, no FEE Guaranteed!Pay nothing unless you win your case. Payment comes from Insurance Company and not from your pocket!
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No More StressFocus on your recovery and leave all the stress and legal paperwork to us!
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130+ Años de experiencia colectivaSabemos cómo ayudarlo a obtener los mayores beneficios posibles para sus lesiones.
Workers We Represent
Workers’ we represent run the gamut of employment options, such as:
- Full-time workers
- Part-time workers
- Seasonal workers
- Remote workers
Unfortunately, California law does not require most independent contractors to be covered by employer-provided workers’ compensation insurance. However, you might be misclassified as an independent contractor when you should be an official employee, so don’t assume you do not have a case just because of your employment status. You should always check out your options by calling on a professional attorney for help.
Workers’ Compensation Claims Process
Pacific Workers’ in San Jose can assist you throughout the workers’ compensation claims process. From the beginning to the end, we want to be the legal team you call on for help when it matters the most.
In a typical workers’ compensation claims process, the following basic steps will happen:
- Get medical treatment: No matter how mild or severe your work-related injury is, you should see a medical professional as soon as possible. Your employer should arrange for you to go to urgent care for mild or moderate injuries or the emergency room for severe injuries.
- Tell the employer: You should notify your employer about your work-related accident and injury within 24 hours. However, you must give them an official accident report within 30 days. If you do not, then your case could end before it gets a chance to really begin.
- File a DWC-1 form: Once your accident has been reported, your employer should give you a workers’ compensation claim form (DWC-1) within 24 hours. This claim is the official start of your case, so let us know if you need help filling it out.
When Should You Hire a San Jose Workers' Comp Attorney?
While the workers' compensation system is designed to be less contentious and more straightforward than traditional litigation, it doesn't always function as smoothly as intended. Insurance companies may prioritize their bottom line over your well-being, leading to delays and disputes in receiving the benefits you deserve.
- Non-Responsiveness: If you find the insurance company or your employer non-responsive to your needs, such as authorizing timely medical treatment or providing your disability benefits promptly, it's time to seek legal assistance.
- Medical Treatment Issues: If you believe your doctor is not treating you adequately, or you're concerned about the quality of care you're receiving, a workers' comp attorney can help you explore better options.
- Adjuster Inaction: When you're struggling to communicate with your claims adjuster, and they seem uninterested in resolving your issues, it's a clear signal that legal intervention may be necessary.
- Rights Protection: Hiring an attorney can help protect your rights, ensuring you receive the benefits and medical care you deserve.
Remember, it's essential to consult with an attorney early on if you suspect any issues with your workers' comp case. Addressing problems promptly is far easier than trying to rectify damage that has already occurred.
The workers’ compensation system in California is not exactly designed to be easy for injured workers to use. There are many steps in place, and each one can be a problem if you do not know what to do. To overcome those challenges before they ever happen, get our San Jose workers’ comp lawyers on your side right away.
Please feel free to contact us online whenever you need us.
NORTHERN CALIFORNIA'S BEST WORKERS COMP ATTORNEYS Over $300,000,000 recovered
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$5,200,000
Roofer in Oakland
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$3,250,000
Laborer Involved in Trucking Accident in San Luis Obispo
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$1,100,000
Assault & Battery Victim in San Francisco
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$1,000,000
Driver Involved in Motor Vehicle Accident in Carmichael
Proudly Serving Northern California
Workers’ Comp FAQ
How much time do I have to notify my employer of my accident?
You must notify your employer within 30 days of your work-related accident. If you do not, then you can expect both your employer and their insurance company to deny your claim and will probably even tell you that they do not believe that the accident ever occurred. At the least, they will say that your injury likely happened outside of work and, therefore, is not eligible for workers’ comp.
What is California’s 90-day rule for workers’ compensation?
In California, insurance claims adjusters have only 90 days to approve, deny, or react to a workers’ compensation claim once it has been filed. If there is no response or solid next step established by the insurer within those 90 days, then the case ends in favor of the claimant by default. Also, necessary medical treatments must be provided at no cost to the claimant for as long as the claim is pending or unresolved.
Are there limits to wage replacement benefits through workers’ comp?
If you receive disability payments through workers’ compensation benefits, then you must be provided a minimum weekly amount, no matter how much you were paid before. Although, you cannot be paid more than a cap, regardless of your previous salary. California law updates these amounts frequently to adjust for inflation and cost-of-living increases.
We have Helped OVER 8,000 CLIENTS aND WE CAN HELP YOU TOO!
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They didn't give up on me.
“Pacific Workers went to bat for me. Was I an easy person to get along with, no but they didn’t give up on me.”
David W.
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Thank you for being so kind!
“I started my fight against my company's workers comp and after talking to Almarie for the first time I already felt a lot of weight off my shoulders.”
Jazzie D. Daly City, CA
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I'm forever grateful & thankful to all!
“I especially want to thank Mr. Jason Insdorf, who worked in attaining a settlement I never expected.”
L.S. Union City, CA
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They took care of me!
“Bilal worked on my case and he was very professional, friendly, and kind to me. I was so nervous about my deposition and he made me feel very comfortable and less stressed about the whole situation.”
Gabi O. Sacramento, CA
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The most down to earth team I have ever met!
“They have strong communication and I was respected throughout the whole process. They had never given up on me!”
Nekealla C. Tracy, CA
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I got a compensation package that I was very happy with!
“My attorney provided me with a very smooth experience, patiently answered all my questions, and worked hard to represent my best interests.”
Dro L. Redwood City, CA
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I would highly recommend PWC!
“PWC's staff is knowledgeable and informative when it comes to answering your questions and ensuring you're well informed during the process.”
Patrick P.
