Workers' Compensation Attorney in Roseville

Helping Injured Workers in California

Were you injured on the job? You may be entitled to compensation for your medical bills, lost wages, and other damages. In California, most employers are required to carry workers' compensation insurance, which provides benefits to employees who are injured on the job or who develop work-related illnesses or medical conditions.

At the Law Offices of Larry S. Buckley, our Roseville workers' compensation lawyer can help you understand your rights and guide you through the process of filing a claim. We have extensive experience handling these cases and are prepared to fight for the full, fair recovery you are owed.

Call our office at (916) 318-3988 or contact us online to request a free initial consultation with Attorney Larry Buckley and our workers' compensation lawyer in Roseville.

What is Workers' Compensation?

Workers' compensation is a type of insurance that provides benefits to employees who are injured on the job or who develop work-related medical conditions. In California, most employers are required to carry workers' compensation insurance, with a few exceptions.

Workers' compensation benefits in California include:

• Medical Treatment: Coverage for medical expenses related to the injury or illness, including doctor visits, surgeries, medications, and medical equipment.
• Temporary Disability Benefits: Compensation for lost wages if the injury or illness prevents the worker from performing their job temporarily. It generally amounts to two-thirds of the worker's average weekly wage.
• Permanent Disability Benefits: If the injury results in a permanent impairment that affects the worker's ability to perform their job, they may receive ongoing compensation based on the extent of the disability.
• Supplemental Job Displacement Benefits: Vocational retraining or skill enhancement benefits for workers who can't return to their previous job due to a permanent disability.
• Death Benefits: If a worker dies due to a work-related injury or illness, their dependents may receive benefits to compensate for lost income.
• Mileage and Travel Reimbursement: Workers may receive compensation for travel expenses related to medical treatments or evaluations.
• Job Retention Rights: In some cases, injured workers have the right to return to their previous position or an equivalent one after recovering from their injury.

Who is Eligible for Workers' Compensation in Roseville?

Most employees in California are eligible for workers' compensation benefits. However, there are a few exceptions.

In California, the following employees are not eligible for workers' compensation benefits:

• Independent contractors
• Most volunteers
• Most business owners
• Most domestic workers
• Most employees of private homes
• Most employees of employers who are not required to carry workers' compensation insurance

It is important to note that, in some cases, employers may misclassify employees as independent contractors in order to avoid paying workers' compensation benefits. If you believe that you have been misclassified, our Roseville workers' compensation attorney can help you understand your rights and options.

How to File a Workers' Compensation Claim

If you have been injured on the job or have developed a work-related medical condition, you should report your injury or illness to your employer as soon as possible. In California, you have 30 days to report your injury or illness to your employer, but it is generally best to do so right away.

After you have reported your injury or illness, your employer should provide you with a workers' compensation claim form. You will need to complete this form and return it to your employer within 30 days of the date of your injury or the date you discovered your work-related medical condition.

Once your employer has received your claim form, they will need to complete their portion of the form and submit it to their workers' compensation insurance provider. The insurance provider will then review your claim and determine whether you are eligible for benefits.

If your claim is approved, you will begin receiving benefits. If your claim is denied, you will have the right to appeal the decision.

Common Workplace Injuries 

Workplace injuries can happen in any industry and can range from minor to severe. In some cases, workplace injuries can even be fatal. If you have been injured on the job, you may be entitled to workers' compensation benefits.

Some of the most common workplace injuries include:

• Slip and fall injuries
• Repetitive motion injuries
• Overexertion injuries
• Crushing injuries
• Vehicle accidents
• Machine entanglement injuries
• Electrocution injuries
• Falling object injuries
• Exposure to toxic substances

It is important to note that, in California, you do not need to prove that your employer was at fault for your injuries in order to be eligible for workers' compensation benefits. You will only need to prove that your injuries occurred while you were working or that they were caused by your work-related duties.

Common Workers' Compensation Questions

What is the Time Limit to File a Workers' Compensation Claim in California?

In California, the statute of limitations for filing a workers' compensation claim varies based on the specifics of your injury. Typically, an injured worker has one year from the date of injury to file a claim. However, for injuries that manifest over time, such as those related to repetitive strain, the one-year period may begin when the employee becomes aware of the injury and its work-related cause or when a reasonable person should have known of the injury. It's essential to adhere to these timelines as failure to file within the designated period can result in diminished compensation rights or dismissal of the claim. To ensure you are within the legal timeframe, consult an experienced attorney to evaluate your situation.

What Steps Should I Take Immediately After a Workplace Injury?

Immediate action after a workplace injury can significantly influence the outcome of your workers' compensation claim. Firstly, report the injury to your employer as soon as possible, as there are deadlines for notification. Documentation is essential; ensure that details such as the time, place, and nature of the injury are recorded, supported by any available evidence, like photographs or witness statements. Seek medical attention immediately to document the extent of your injuries and receive necessary care — your health should be the top priority. Additionally, maintain all interactions, reports, and documentation relating to the injury systematically and organized for ease during subsequent legal or compensation-related activities.

Is It Possible to Settle a Workers' Compensation Claim in California?

Settling a workers' compensation claim in California is a common resolution mechanism to finalize the benefits compensation process. A settlement can occur in two primary ways: a Compromise and Release (C&R) or a Stipulation with Request for Award. Both types of settlement have varying implications on your rights and entitlements. A C&R results in a lump sum payment but may waive rights to future benefits, whereas stipulations provide ongoing benefits based on an agreed schedule. Considering long-term health needs and financial plans, it's vital to weigh both options carefully. Consult a knowledgeable legal advisor for guidance tailored to your circumstances to make informed decisions.

How Our Roseville Workers' Compensation Lawyer Can Help

At the Law Offices of Larry S. Buckley, we understand how to navigate the workers' compensation system and can help you file a claim or appeal a denied claim. Our Roseville workers' compensation attorney can also help you understand the full extent of the benefits you are owed and can help you fight for the maximum recovery you are entitled to.

Our firm can help you with all aspects of your workers' compensation claim, including:

• Completing and filing your claim form
• Collecting and organizing all necessary evidence
• Calculating the full value of your claim
• Negotiating with the insurance company for a fair settlement
• Representing you in all hearings and appeals

Our Roseville workers' compensation lawyer can also help you understand your rights if your employer retaliates against you for filing a claim. In California, it is illegal for employers to retaliate against employees for filing workers' compensation claims, and you may be entitled to additional compensation if your employer violates your rights.

Call the Law Offices of Larry S. Buckley at (916) 318-3988 or contact us online to request a free initial consultation with our workers' compensation attorney in Roseville.