Oakland Auto Workers' Compensation Attorney
Filing an Auto Workers Comp Claim
Auto workers and shop mechanics can be required to place themselves in precarious situations as part of their regular job functions, such as standing beneath a lifted vehicle to perform an inspection or repair. Despite employers knowing the latent dangers of auto shop work, injured employees might not get the fair treatment they deserve when an accident or injury does occur. Without a total understanding of workers’ compensation claims and insurance, an auto worker’s claim could be denied or delayed when they need help more than ever.
Please do not hesitate to contact us the moment you need help filing a claim or your claim has been denied.
At Pacific Workers', The Lawyers for Injured Workers, auto workers who have been injured on-the-job can find trustworthy and compassionate legal guidance and representation from our workers’ comp lawyers. With more than 130 years of combined experience under our belts, we are proud to be a prominent workers’ compensation law firm in the greater Bay Area.
How Our Team Can Help You
- Tens of Millions Recovered
- 130+ Years of Experience
- Free, No-Obligation Consultation
- Award-Winning Representation
Auto Shops Need to Provide Safe Environments
As discussed, an auto shop or mechanic shop may have certain unique dangers to the site. This does not mean that employers or parent companies can slack on safety regulations. Oppositely, it would imply that safety must always be the number one priority to minimize the chances of an accident occurring.
An auto shop worker might be injured due to:
- Falling parts hung or positioned above
- Lifting heavy equipment repeatedly
- Tripping over loose tools
- Illness linked to frequent chemical exposure
If any of these injuries, or one not mentioned, occurs, the auto worker should be provided some sort of workers’ compensation, assuming the injury was work-related or happened at the worksite. Eager to save money, a dishonest insurance company might reject any initial filing in hopes that the worker does not file an appeal in response. Do not forget your rights – always explore your options with a professional auto worker injury lawyer when seeking workers’ compensation.
Liability Should Not Be a Factor
In a personal injury claim, the plaintiff has to prove that the defendant was liable for the accident. In a workers’ compensation claim, this is not the case. If you were hurt while working in an auto shop, even if you were the only one around and you think it was your fault, you are not automatically disqualified from receiving workers’ compensation. If your employer has told you otherwise, it is untrue and our auto worker injury attorneys should be notified right away.
We want to help you recover comfortably – call (888) 740-6434 for a free consultation.
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.
Proudly Serving Northern California
Workers' Comp FAQ
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Am I Eligible for Workers’ Compensation?
In California, all employees are eligible for workers’ compensation with very few exceptions. If you are classified as an “employee” (rather than an “independent contractor”), you are eligible to receive benefits. This is true regardless of how many employees your employer has, how many hours you work, how much you make, whether you work part-time or full-time, or whether you are a seasonal worker. Additionally, undocumented workers are also eligible for workers’ compensation granted they meet all other eligibility requirements. In contrast, independent contractors and certain other workers, including some volunteers, household workers who are employed by a family member, and others, are not able to file for workers’ compensation benefits.
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Can't I Just File for Workers' Compensation on My Own?
Filing for workers' compensation on your own increases the chances that your claim will be denied. One small misstep can prevent you from obtaining the compensation you need for your injuries. In addition, the process is usually complex and tedious, especially for someone with no workers' compensation law experience. It is extremely advantageous that you seek reliable and experienced legal guidance for your claim.
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What Can I Expect from the Workers' Compensation Process?
As soon as you reach out to us for help, we will assign you a full-time case manager and attorney. An application will be filed with the Workers' Compensation Appeals Board (WCAB) on your behalf. We will get started on your case immediately to help you receive the medical care you need. If we are unable to receive a fair settlement from the insurance company, we are ready and willing to take your case to trial. After a few months, you will most likely give a deposition. One of our highly experienced attorneys will prepare you and stand at your side the entire time. You don't even have to attend court hearings! One of our trained hearing officers or attorneys can attend on your behalf.
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Can My Employer Tell Me to Use Sick Time or Vacation/Personal Time off (PTO) If I’m Injured at Work?
Following a work-related injury, you may not receive workers’ compensation benefits right away or your workers’ compensation claim may be denied. You may receive a note from your doctor that you may take time off work due to your injuries, but how will you be paid if you are not actively seeking workers’ compensation benefits? Your employer may tell you to use your state-mandated/employer-provided sick time in order to continue being paid while you are out of work. Once this sick time is exhausted, your employer may tell you that the only way you can continue to be paid is if you use your vacation or PTO time. In some cases, this may actually be the only way to continue receiving wages while you are out of work and not receiving workers’ compensation benefits. For more information, check out our video with Attorney Bilal Kassem on this topic by visiting our Facebook page!
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Can I Get Workers’ Compensation If I Was Fired?
If you were terminated while already receiving workers’ compensation benefits, this does not necessarily affect your right to receive benefits. However, if you were terminated “for cause” (for example, if you were fired because you were caught stealing from your employer), you will not be able to continue collecting benefits. If you were not fired for cause, but were laid off due to your position being terminated or various other reasons, you may still be able to continue collecting your workers’ compensation benefits. If you believe you were terminated because you filed for workers’ compensation or because you were hurt at work, you may have grounds for a retaliation claim. Learn more, including whether you can continue receiving workers’ compensation benefits if you were laid off due to the coronavirus pandemic, see our video with Attorney Bilal Kassem on our Facebook page.
