Oakland Union Workers Compensation Attorneys
Legal Representation for Union Workers
As with other employees, union workers are not exempt from on-the-job injuries. The nature of union organizations, however, may have you questioning your right to workers’ compensation. At Pacific Workers', The Lawyers for Injured Workers, we understand the intricacies of such cases and are well-equipped to handle any challenges that may arise along the way.
For instance, many union-backed labor forces in California are given the right to "carve out" their own agreement - the union itself and employers can carve out their own alternative if given approval from the Division of Workers' Compensation. Our firm can assist in determining the legality of the carve-out agreement established and whether or not it fully covers you, fighting of course for your full, deserved compensation.
What sets our workers’ compensation attorneys apart?
- Sole focus on workers’ comp cases
- 130+ years of shared experience
- Recognition from Super Lawyers® and Martindale-Hubbell®
- Track record of successful outcomes
We are confident that our team can effectively pursue the outcome you desire. Whether you are a firefighter, police officer, teacher, or public transportation specialist, you can count on our firm for high-quality representation throughout Oakland, California. We have even provided legal advocacy to hundreds of professional NFL, NBA, and MLB players.
Ready to start your claim with top-tier assistance? Filling out a free case evaluation is the best way to begin!
5 Things That Happen When You Join a Union
Workers built this country; unions built our middle class. Unions have seen an (undeserved) decline in membership and public reputation in recent years, but they still make a difference in millions of lives. Here are some things that happen when you join a union:
1. You are safer at work.
As a Workers' Compensation law firm, we wish all our clients had unions protecting them. If you speak out about dangerous conditions alone, your company can choose to ignore you. If you speak out about dangerous conditions with your union standing behind you, your company has no choice but to hear you and make changes. Just look at the difference between the injury rate at Tesla and the injury rate at a typical UAW plant!
2. You get equal treatment.
You've probably heard about the wage gap. Women and minorities make less money than their white, male counterparts for the same jobs. But did you know that unions help close the gap? The average black worker in the United States makes $17.70/hour, but the average black union worker makes $24 an hour. Unions also provide workers with a place to turn if they experience other types of discrimination or harassment.
3. You get benefits.
Unions don't just negotiate for higher wages -- they also negotiate for benefits such as healthcare, pensions, training, and leave. Do you like your weekend? Are you glad you don't work sixteen hours a day? Those are both things that unions won for you. Unions make sure that companies treat workers like humans -- not cogs in a machine.
4. You join the middle class.
Higher wages aren't the only thing unions negotiate for, but they are certainly nice. Unions are the traditional path to joining the middle class in the United States, and it's no coincidence that declining union membership and a declining middle class have gone hand in hand. You've heard a lot about the disappearance of “good factory job,” but remember that they weren't good jobs until the unions got there.
5. You join with fellow workers to make amazing things happen.
There is no end to what human beings can accomplish when they work together. When you join with other workers in a union and stand together to better all of your lives, you become part of a movement that has shaped our country. Together, workers can stand up to the largest corporations in the world and win. Unions improve conditions for the people in them, but also for the people around them. When you join a union, you change the world.
Helping You Successfully Prove Your Claim
There is no doubt that irrefutably proving a claim can be difficult, regardless of the circumstances surrounding your injury. Our team understands this and is capable of accruing the necessary documents to further substantiate your claim.
These documents can include the details of:
- Workplace injuries
- OSHA violations
- Safety records
- Employer compliance
Additionally, many union workers fear that by taking time off to recuperate, they will lose their position within the organization. We can work tirelessly with your union to carry out your contract rights to retain your position. Our goal is to uphold your best interests, even amidst challenging circumstances.
Begin Today with an Oakland Workers’ Compensation Lawyer
When your right to fair compensation is on the line, time is of the essence. We at Pacific Workers', The Lawyers for Injured Workers move swiftly on behalf of our clients and remain focused on the end goal throughout the entirety of each case.
Why let your union organization take away what is rightfully yours? Start pursuing your compensation today – contact our firm for legal assistance that makes a difference.
We have Helped OVER 8,000 CLIENTS aND WE CAN HELP YOU TOO!
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“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. -
“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 -
“I especially want to thank Mr. Jason Insdorf, who worked in attaining a settlement I never expected.”
L.S. Union City, CA -
“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 -
“They have strong communication and I was respected throughout the whole process. They had never given up on me!”
Nekealla C. Tracy, CA -
“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
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.