Oakland Workplace Injury Attorneys
Dealing With Your Workplace Injury
Sustaining an injury at the workplace can be a huge setback for many individuals. Depending on the seriousness of the injury, some individuals may be forced to take extensive time off work in order to recuperate. If you were recently injured while working, you need to take immediate legal action in order to protect your rights.
Crucial Steps to Take After a Workplace Injury
Before you can recover workers’ compensation benefits, though, you should take specific steps that help you move forward most effectively.
If you were injured on the job, we suggest you do the following:
- Be sure to report the accident to your employer.
- Seek medical care for your injuries.
- Request the paperwork and file for workers’ compensation.
- Hire a lawyer to assist you through the process.
Be Sure to Report the Accident to Your Employer
One of the first things you need to do after a workplace injury is to report it to your employer. Typically, you want to do this as soon as possible. In some situations, insurance companies may use your delay as a reason to try and deny your workers’ comp claim.
In your report, be sure to include:
- Where the accident occurred in the workplace
- How it happened
- Who else was involved in the accident
- Any evidence to show what happened that caused your accident
The more information you provide, the more helpful it is to your claim. Don’t hesitate to report the accident.
Seek Medical Care for Your Injuries
In an emergency medical situation, you should quickly seek medical care to begin receiving treatment for your injuries. While you may need to see a separate doctor when filing for workers’ comp benefits, it’s crucial to get medical care quickly.
The medical report can also be a crucial part of your claim. Workers’ comp insurance providers may request that you see their preferred medical professional, but don’t put your injury aside and wait until later in the process to get care.
Request the Paperwork and File for Workers’ Compensation
If you have the chance to pursue workers’ compensation benefits, you go through your employer’s insurance provider. You can request the necessary paperwork to file a claim from your employer and fill it out with the required information to begin the process.
Far too often, insurance companies may use a minor mistake as a reason to minimize or deny a claim. Ensure you provide accurate and relevant information, including everything that pertains to your workplace accident and injury.
Hire a Lawyer to Assist You Through the Process
Unfortunately, the process can be challenging. Working with a lawyer can help you throughout the process, allowing you to focus on your recovery. A lawyer can help you file your claim timely, giving you peace of mind knowing that a professional is helping build your claim.
During a time when you need solid legal counsel, you can rely on Pacific Workers', The Lawyers for Injured Workers to be there for you. Workers’ compensation claims can sometimes be complicated, especially when insurance companies prioritize their profits over claimants who suffer severe harm. We take great care of clients who put their best interests in our hands.
Our Oakland workers’ compensation attorneys are ready to stand in your corner and help you pursue the compensation you deserve. We have the experience and knowledge necessary to take on insurance companies and seek the benefits that our clients need moving forward.
Here are 5 things to do right after suffering a workplace injury!
At Pacific Workers', The Lawyers for Injured Workers, our Oakland workers’ compensation lawyers have helped thousands of injured workers obtain the compensation they need and deserve after suffering a workplace accident. We can lend you a helping hand during this stressful time as well.
Most workers injured on the job are able to receive compensation for:
- Lost wages (present and future)
- Pain and suffering
- Medical expenses
What Is the Best Way to Report a Work Injury?
- How to report an injury at work
- The importance of filling out the form DWC-1 Form
- The benefits you get from your work injury report
1. How to Report an Injury at Work
Basically, the best way to report your on-the-job injury is to fill out a DWC-1 claim form. This document is the official state form, and its purpose is to start a Workers’ Compensation case.
When you suffer a work injury and inform your employer about the accident, they must provide you with a copy of the DWC-1 claim form, this is required by law in California. Make sure to take notes on as many details as possible and if there were any witnesses, keep them in contact.
Due to the nature of some injuries, the employer may have to fill this form out on your behalf. If this form is not provided for you right away, you can download a copy of it online, just click here.
2. The importance of filling out the form DWC-1 Form
You can find lots of good reasons to report your workplace injury. But the one that should stand out the most is the benefits you get from reporting your injury. The wisest thing to do is to secure your stability, and well-being, and to make sure you take the right path following your injury.
For example, if you have an accident while on duty and you report the injuries, you are then entitled to free medical care. If you don’t, you could be the one paying your medical bills out of pocket. Honestly, there’s really no reason for you to pay for your treatment. Employers in California must obtain workers’ comp insurance for the company and the insurance is the one that pays for any medical treatment and benefits.
3. The benefits you get from reporting your work injury
Besides the medical care payment being covered, there are other benefits you can get after reporting your injury. For example, you’re also entitled to lost wages in the form of temporary disability, which is generally two-thirds of your average weekly pay. That is another great reason to fill out the form.
If you reach a medical plateau stage, meaning there is nothing else doctors can do to help your injury, you can also be entitled to permanent disability. This benefit compensates you for the functional limitations you will have, which can’t be improved through medical care.
There’s also a chance that you won’t be able to get back to your everyday work. In other words, you will be displaced because of the new work restrictions due to the injury. If that is the case, you will be entitled to a particular benefit called the supplemental job displacement voucher.
This voucher is a payment that helps you recover or rehabilitate into the workforce. Of course, this rehabilitation depends on the work restrictions you have after your injury.
Most Common Workers' Comp Injuries
In the United States, three workers’ comp claims are filed for every 100 full-time workers. Workplace injuries occur even if you aren’t doing hard manual labor. Risks are found everywhere, and it may surprise you to find out that even office workers can be injured on the job. An injury in the workplace can feel like a real struggle to overcome. You may not be able to work for days, weeks, or months after the injury. It’s vital to report the injury and seek workers’ compensation benefits to help aid in your recovery.
Overexertion
The most common workplace injury occurs when excessive physical effort is used to pull, lift, or carry heavy objects. Overexertion leads to muscle strains and sprains at best, extensive physical therapy, and missed work time at worst. If you move heavy objects or continuously repeat the same work without a break, you can suffer from repetitive strain injuries. Overexertion can cause long-term pain and potential loss of productivity.
You don’t need to be working in manual labor for overexertion to occur, though, of course, that is where the majority of these types of injuries occur. No matter where you work, you must always take special care to lift heavy objects properly. Bend from the waist, keep your back straight, and try not to twist your body if you’re carrying something heavy.
Repetitive Strain
Repetitive strain injuries develop over a long period if you keep making the same motions day in and day out. It can be a bit more difficult to spot symptoms because the pain and the damage creep in very slowly. This is why an ergonomic workplace is essential—proper posture, body placement, and frequent breaks will do a lot to prevent repetitive stress injuries.
The most common repetitive strain injuries are carpal tunnel syndrome, bursitis, and tendonitis in your wrist, arm, shoulder, and neck. Office and assembly line workers commonly suffer from these types of injuries.
Slip and Falls
One of the first things that go by the wayside in a busy workplace is good housekeeping habits. Slippery patches on the ground because of ice, water, or oil can cause workers to fall. A stray wastebasket or electrical cord in an office can cause serious harm if someone’s foot gets caught on them. Similarly, a small hole or item on the floor can also cause workers to trip over and fall. Loose carpet and wet floors in any workplace cause bruises, sprains, broken bones, or concussions. If a worker falls for any reason, they can suffer broken bones, traumatic brain injuries, spine damage, and more.
Falling Objects
Nothing on earth is exempt from gravity—what goes up must come down. Thousands of workplace injuries occur when equipment or stray objects fall on a person’s head. This is why hard hats are required in every construction site or warehouse. Even if you take safety precautions, though, freak accidents can happen and leave you with a bump on your head.
Struck-By Accidents
A struck by accident can occur in nearly any industry. The construction industry is one of the more common workplaces in which struck by accidents happen. Falling tools and debris, dropped loads, moving heavy machinery, and poorly guarded machines are common causes of these types of incidents.
On-the-Job Crashes
More than six million vehicular accidents occur in the US every year, and it’s safe to say that a large percentage of them happen to people on the job. Some people drive as part of their job-related duties. Car accidents can lead to knee injuries, whiplash, back pain, and more. If you suffer an injury while driving on the job, you can file for workers’ comp, but you may have additional legal rights as well.
Electrocution
Electricity hazards are present at every workplace. In fact, there is a risk for electrocution at just about every square foot of space, no matter where you work. Wall sockets, plugs, and cables are prone to damage, and even a sliver of exposure can cause injury upon contact. We also can’t forget to mention the potential for electrical fires or explosions.
We Know California Workers’ Compensation Law – It’s What We Do
Our clients are extremely important to us, which is why we make ourselves available 24/7. We also handle cases on a contingency fee basis, which means we don’t charge legal fees unless we win your case. Our goal is to help you receive maximum compensation for your injuries and the medical care you need to bounce back.
We realize that you are probably in need of some additional guidance regarding the best course of action to take at this time. Our firm would be happy to answer your questions during a free consultation in person or over the phone. We will get you through this, one step at a time.
Please don’t hesitate to call us today for more information on how we can assist you with your workplace injury case in California.
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 -
“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.