Finding a Workers’ Compensation Lawyer

Finding a qualified workers’ compensation lawyer in San Bernardino is crucial for maximizing your benefits and protecting your rights. Consider these factors when selecting a lawyer:

Experience

Look for a lawyer with extensive experience handling workers’ compensation cases. Inquire about their success rate, areas of specialization, and familiarity with the local workers’ compensation system.

Fees

Understand the lawyer’s fee structure before hiring them. Some lawyers charge a contingency fee, meaning they only receive payment if they win your case. Others charge hourly rates or a flat fee.

Communication Style

Choose a lawyer who communicates clearly and effectively. Ensure they respond promptly to your inquiries, keep you updated on your case’s progress, and are accessible when needed.

Legal Process and Procedures

Navigating the workers’ compensation system can be complex. Understanding the legal process and procedures involved is crucial for a successful claim.

An experienced workers’ compensation lawyer plays a vital role throughout the process, providing guidance and representation. They ensure that your rights are protected, and you receive fair compensation for your injuries.

Filing a Claim

The first step is to file a workers’ compensation claim with your employer’s insurance carrier. The claim should include details of your injury, how it occurred, and the medical treatment you have received.

Your lawyer can assist you in preparing the claim, ensuring that all necessary information is included and submitted within the required timeframes.

Hearings

If the insurance carrier disputes your claim, a hearing may be scheduled before a workers’ compensation judge. Your lawyer will represent you at the hearing, presenting evidence and arguing on your behalf.

Appeals

If you are dissatisfied with the outcome of the hearing, you may have the right to appeal the decision. Your lawyer can guide you through the appeals process and represent you in court.

Settlements

In some cases, it may be possible to reach a settlement agreement with the insurance carrier. Your lawyer can negotiate on your behalf, ensuring that you receive fair compensation and that your rights are protected.

Benefits and Compensation

Under California’s workers’ compensation system, injured workers are entitled to various benefits that cover medical expenses, lost wages, and other related costs.

The benefits are calculated and distributed based on specific factors, including the nature and extent of the injury, the worker’s pre-injury earnings, and the duration of the disability.

Medical Benefits

Injured workers are entitled to receive medical treatment and rehabilitation services necessary to recover from their work-related injuries. These benefits include:

• Hospitalization
• Doctor visits
• Surgery
• Physical therapy
• Medication

Wage Loss Benefits

Workers who are unable to work due to their injuries may be eligible for wage loss benefits. These benefits are calculated based on a percentage of the worker’s pre-injury earnings.

• Temporary Disability Benefits (TDB): Provides 2/3 of the worker’s average weekly earnings for up to 104 weeks.
• Permanent Disability Benefits (PDB): Provides compensation for permanent impairment or loss of earning capacity.

Other Benefits

In addition to medical and wage loss benefits, injured workers may also be entitled to other benefits, such as:

• Mileage Reimbursement: For travel to and from medical appointments.
• Vocational Rehabilitation: To help workers return to work or find a new job.
• Death Benefits: For families of workers who have died from work-related injuries.

Impact of Permanent Disability

Permanent disability can have a significant impact on a worker’s life and earning capacity. Workers who suffer permanent disabilities may be entitled to additional benefits, including:

• Supplemental Job Displacement Benefits (SJDB): Provides up to $6,000 for workers who cannot return to their previous job due to a permanent disability.
• Lifetime Vocational Rehabilitation Benefits (LVRB): Provides ongoing vocational rehabilitation services for workers with severe permanent disabilities.

Common Challenges and Defenses

Filing for workers’ compensation can be a complex and challenging process. Here are some common obstacles you may encounter and strategies for overcoming them:

Employer and Insurance Company Defenses

• Denial of the claim: Employers or insurance companies may deny the claim outright, alleging that the injury or illness was not work-related or that the employee was at fault.
• Dispute over the extent of the injury: They may argue that the injury is less severe than claimed or that the employee has recovered more quickly than expected.
• Refusal to provide medical treatment: Employers or insurance companies may refuse to authorize necessary medical treatment or delay it, causing further harm to the employee.
• Discrimination or retaliation: Some employers may retaliate against employees who file for workers’ compensation, such as by demoting them or firing them.

Strategies for Overcoming Challenges

• Gather evidence: Document all aspects of your injury or illness, including medical records, witness statements, and accident reports.
• Seek legal advice: An experienced workers’ compensation lawyer can help you navigate the legal process and protect your rights.
• Negotiate with the employer or insurance company: Attempt to resolve the dispute amicably through negotiations, if possible.
• File a formal complaint: If negotiations fail, you may need to file a formal complaint with the state workers’ compensation board or commission.
• Attend hearings and provide testimony: Be prepared to present your case at hearings and provide evidence to support your claim.

Resources and Support

Navigating the workers’ compensation system can be complex and challenging. Fortunately, various resources and support organizations are available to assist claimants throughout the process.

These organizations provide guidance, information, and advocacy to ensure that injured workers receive fair treatment and the benefits they are entitled to.

Local Resources

• Workers’ Compensation Appeals Board (WCAB): The WCAB adjudicates workers’ compensation claims and provides information and assistance to claimants.
• Division of Workers’ Compensation (DWC): The DWC administers the workers’ compensation system in California and offers resources and support to injured workers.
• Legal Aid Society: Legal Aid provides free or low-cost legal assistance to low-income individuals, including workers’ compensation claimants.

Support Organizations

• California Workers’ Compensation Institute (CWCI): CWCI is a non-profit organization that provides education and training on workers’ compensation issues.
• Injured Workers of California (IWC): IWC is a non-profit organization that advocates for the rights of injured workers.
• Workers’ Compensation Action Network (WCAN): WCAN is a national organization that works to improve the workers’ compensation system.