California workers’ compensation law is found in the California Labor Code, California Code of Regulations and applicable case rulings. Lawyers who practice in the field of workers compensation know about the laws and how they are to be applied to an individuals work injury case. If you have suffered an accident at work or are having health problems that you attribute to your job, you should consider consulting with an attorney as soon as possible. Despite the fact that compensation and benefits are to be provided on a no-fault basis, obtaining them is often extremely difficult. The insurance company is in the business of cost containment, and the injured employee is the cost to be contained. This often occurs at the behest of the employee who needs the compensation and benefits to survive financially while they obtain needed medical treatments and time off of work.
You Have The Right To Hire A Work Injury Lawyer In West Covina
Having an advocate within the claims process can often make a case much more valuable. This is because having a lawyer will make the claim administration for the insurance carrier much more costly as the lawyer takes disputes to court and exercises all of the employees rights to second opinion doctors, med-legal evaluations and court appeals. Since the insurance companies usually value cost containment, higher settlements can be attained with the help of a law firm. In addition, the lawyer helping the injured party will be able to provide needed guidance and insight that will help the applicant make better decisions about how to proceed with their case taking into consideration its strengths, weaknesses and what the law says.
If you are on the search for a West Covina Work Injury Lawyer, call our law office at 909-325-6032 to speak directly to Alexander D. Napolin, Esq., a local advocate for the injured. He gives you his time for free over the phone. When representation is offered by Mr. Napolin, it is offered on a contingency fee at a mere 15% of total monetary recovery. This in essence means that you pay only if you recover money, and you only pay 15% of the money you recover as an attorney fee.
Know Your Rights In A California Work Injury Case
Those who search online will find a wealth of general information like the information provided on this website. Although this website is composed by a practicing California Work Injury Lawyer, it constitutes general legal information only. Only a practicing attorney can offer you real legal advice. That is why you need to call us today and get the advice that you most definitely need to make the best decision about how to pursue your potential lawsuit within the workers’ comp. system in California.
Some benefits you could be entitled to include the following:
Medical Treatment To Cure Or Relieve Your Health Conditions
Medical Care For Life For Your Industrial Injury
Money To Compensation You For Permanent Disability (Impairment)
Money To Replace Lost Wages (Temporary Disability Indemnity)
Job Retraining Money To Be Used At Select Schools In California
Reimbursement For Travel Expense To And From Medical Providers
Reimbursement Of Out-Of-Pocket Medical Expenses
Now get on the phone and call us to see if we can help you get the above and in a greater amount! For more general information about the law, get it from a West Covina Work Injury Lawyer at calinjurylawyer.com, Alexander D. Napolin, Esq.
Have you sustained a work related accident injury in the course and scope of your employment duties in the State of California? If the answer is yes, call my law office to speak directly with me the attorney about your rights under California workers’ compensation laws. Every work injury scenario is unique and most people need a professional counselor and advocate to make it through the legal process successfully. Do not let too much time pass before getting the guidance and representation needed to successfully prosecute your case and receive what you are entitled to under state labor law. Too often people wait and hope the insurance carrier treats them appropriately. Before long, many find themselves at odds with their adjuster for benefits and compensation that they need and are entitled to under the law. By waiting to get help, severe consequences can occur both medically and legally, causing the employee to lose procedural and substantive rights, and cause the case to lose monetary value. Don’t let this happen to you like it has happened to many others. Call my law office today at 909.325.6032 and ask to speak with me about your unique job accident injury case. I will speak with you TODAY for free to help you decide what to do, and if you need representation, I will evaluate your case to see if my services can be extended to help you through the claims process.
What Do Workers’ Compensation Lawyers Charge In California?
A lot of workers hesitate to call an attorney because they are afraid that the costs will outweigh the benefits that the lawyer can bring to their cause. This fear is completely unfounded. Those who hire lawyers in California only pay a contingency fee, meaning that the attorney fee is taken as a percentage of recovery (maximum 15% in most jurisdictions). If nothing in the form of money is recovered on the claim, then the employee never pays a cent for the representation. This makes it affordable for normal people to get the proper legal help when needed. The fees are awarded by the judge based upon the work provided on the the particular case. In many cases, having good representation leads to a significant increase in the value of the legal action. In the end, then, having to pay the 15% fee is not a problem whatsoever.
Is My Case Big Enough For Legal Representation?
You won’t know until you ask an attorney! This is why you need to take action and get on the phone with me today. I will share with you my insight about the relative size of your case and discuss with you the benefits and detriments of having a lawyer in the process. If you are looking for a Lawyer In San Dimas For Workers Compensation Case, I am a local representative who provides a consultation over the phone absolutely free of charge and obligation to you. Call me to discuss your work injury and find out if I can offer meaningful representation, counseling and advocacy to your cause. To learn more general information about California Workmans Comp. and about my practice philosophy, visit my main web address at calinjurylawyer.com.
Will My Employer Discriminate Against Me If I Hire A Lawyer?
Many many people ask themselves what will happen in the event they hire an attorney to pursue legal action against their own employer’s workers comp. insurance company. While discrimination does occur out in the workplace for filing workers compensation and hiring proper representation, it should not deter one from seeking their rights under the law. It is highly illegal for your employer to discriminate against you for having an accident or health condition resulting from repetitive activities or an accident on the job. Working with an injury can cause it to worsen to the extent that continued employment might prove impossible. This is why it’s very important to call a local law office for attorney advice to determine your options and how to pursue your legal action. Only after speaking with a San Dimas California lawyer about your circumstances can you determine the right course of action to take regarding your case. Remember, unless you get help, you are at the mercy of your employer, their insurance company and your industrial injury.
Injury at work is very common. Let’s face it, accidents happen. And we spend a significant amount of our time on the job so things are bound to go wrong. When accidents do occur and result in injury beyond first aid, the employer is required to inform their workers’ compensation insurance company of the accident injury. Emergency medical treatment should be provided and paid for. In addition, up to $10,000.00 of medical care should be authorized and rendered within 24 hours of the accident until the claim is either denied or accepted by the carrier. All employers in California are required to carry the appropriate insurance coverage for their employees. If they do not, they subject themselves to severe penalties and sanctions by the State. In addition, they are open to lawsuits in civil court for negligence, which is a cause of action that cannot be brought against an employer who carries the appropriate workers comp. insurance.
Make Sure The Injury Is Properly Reported
If you have an injury at work, you need to assert your rights. This is especially true if you are not offered needed medical treatment by the insurance company. Some employers will go about things wrong by trying to hide your accident injury from their carrier. They do so by paying for your care directly to the facility. They do so to keep you from filing a claim and thereby increasing their insurance premiums. While this might make sense for the employer, this is often a big problem for the employee. This is due to the fact that workmans compensation offers much more than paying for emergency medical treatment. It also has wage replacement while the claimant gets better, job retraining if they can’t ever go back to their old job, mileage reimbursement to and from medical appointments, and money at the end of the process if full physical recovery is not obtained. By not reporting to the insurance company properly, the employee could face unnecessary and damaging delay to their needed compensation and benefits. In some circumstances, a failure to timely assert rights leads to losing them forever. Therefore, always take the steps to protect yourself. If that means calling for help and representation from a Rialto California workers compensation lawyer, then that is what you must do.
Why Employees Forgo Properly Reporting Accident Injury At Work
Many employees forgo or abstain from asserting their rights under California workers’ compensation law because they are afraid they will be retaliated against for reporting an injury at work. They fear that by reporting and filing a work compensation claim that their employer will take negative action against them. This could be through a failure to promote where promotion is deserved or the eventual firing of the employee where no real cause exists. Because people need their jobs to survive, many situations where injury occurs go unreported. This is especially true where a health condition arises from repetitive work activities (known as a cumulative trauma mechanism of injury).
Even though it is illegal for an employer to discriminate against an employee for filing a workers compensation claim, it can and does happen. And while their is recourse against the employer if they do choose to discriminate, the legal process is long and uncertain when it comes to proving the case and collecting damages. Therefore, many end up failing to report legitimate on the job accident injuries. It is up to the individual to decide whether not reporting the situation has benefits that outweigh the possible discrimination. But any decision to not properly notify the insurance company should only be done after speaking with a Rialto California workers compensation lawyer about options. This is because not reporting could have very severe consequences that could cause the employee to not get appropriate and timely medical care and money compensation needed to stay afloat financially and get back on their feet working again.
Call A Workers Compensation Lawyer In Rialto For Help Now!
Alexander D. Napolin, Esq. is a local attorney who serves the community of Rialto, California and surrounding cities and areas. If you or a loved one has been injured at work, call Mr. Napolin for a free case evaluation over the phone. During the conversation, you will have the ability to ask a lawyer questions about your case and what we believe we can do for you as far as legal representation is concerned. All phone consultations are without obligation to file a lawsuit and come at no charge to you. Call 909-325-6032 to speak to Mr. Napolin today! Or visit his website at calinjurylawyer for more information about his practice philosophy and general information on workers compensation in California.
Hurt at work/Injured on the Job? We can help you with a free consultation directly with a Glendora California Workers Compensation Lawyer. That’s right! We serve the community of Glendora from our local law office near the City. All consultations are without charge and come with no requirement that you hire us to pursue a work injury claim.
Get Legal Help As Soon As You Possibly Can
Do not hesitate to give our law firm a call immediately. Even minor injuries can turn into serious conditions unexpectedly. This means that you need to protect your rights at every turn, whether the injury is minor or severe. The only way to do so is to consult directly with a local California work injury lawyer to discuss your rights and how to proceed. Remember that the insurance carrier is not on your side. Most adjusters/claims examiners are directly to administer workers comp. benefits in a way that increases corporate profits and not the health/and wealth of injured employees in need. An advocate can stand up for you and take the burden of implementing the process off of your shoulders. In the meantime, you can better focus on recovery instead of worrying that you are not going to obtain what you are entitled to under the law. Some benefits that you could be in need of but not receiving include:
Money paid bi-monthly at 2/3 of your gross average pay (up to a maximum) to keep you financially stable if you cannot work due to an industrial injury.
Money paid to you at the end of the case to compensate you for a permanent health condition that reduces your ability to compete against other, healthier workers in the open labor market.
Medical care NOW to cure or relieve the injury. Includes the right to select a second opinion doctor (PQME/AME), and the right to switch doctors within the insurance companies Medical Provider Network (MPN).
Medicare treatment in the FUTURE to maintain your health from the effects of your on the job accident injury.
Reimbursement for miles traveled to and from medical appointments, physical therapy and other procedures and treatment.
Educational voucher for job retraining in the event the job injury inhibits your ability to perform you usual and customary occupation (and no permanent modified duty is available at your employer at roughly the same rate of pay).
Concern over receiving what you have a right to should be dealt with through hiring legal representation. Before you know whether you need a lawyer or whether an attorney can even help you, one must be consulted.
A Lawyer Is Not A Fix All, But It Sure Helps
Keep in mind that having a Glendora California workers compensation lawyer does not mean things are going to be smooth and timely. The legal process takes time and no matter how fast you or your attorney moves, there will be delays, some of them lengthy. The insurance lobby and California employers have been able to pass new laws that take back a significant amount of power regarding control of medical care and treatment for industrial injury claims. They have argued that the changes were economically necessary to continue to have a viable employment infrastructure within the State. While this might be true, it is certainly true that injured employees and their lawyers have less power to affect the case than every before. This is why it is imperative for those concerned about their rights and livelihood to consider hiring an attorney as early in the process as possible.
Give us a call to get a case evaluation to learn what we think and learn how we help injured workers like you get what they need out of the system. You can reach Alexander D. Napolin, Esq at 909/325-6032 and you will either speak with him right then and there, or you will receive a return phone call that very same day (or the next morning if you call after hours). Let a local representative who knows the workmans compensation system evaluate your claim to find out if we can advocate for you starting immediately! Glendora California Workers Compensation Lawyer.
Ask different people ‘what makes a good workers compensation attorney?’, and you will get differing responses regarding what qualities are the best to have or to look for in a workers comp lawyer. While difficult to pinpoint, there are some general qualities that are believed or should be viewed as important in such a legal professional. Unlike in civil personal injury law, workers compensation is an insurance claim with a details claims process. Furthermore, all trials are by judge, where jury trials are generally selected for the purpose of deciding civil personal injury claims. With these two main differences in mind, one has a meaningful starting place.
Traits To Look For In A Lawyer
1. Likable Personality To Judges And Lawyers
While some lawyers are good with juries, such a trait is not necessarily needed in a workers compensation claim advocate. However, it is still important that the lawyer chosen be likable to other professionals and to the judge. Accordingly, a good personality that is outgoing and down to earth is something that is desirable to have in any attorney who could be performing a trial. Many times, the judge or juries decision is based in part on how much they like the advocate arguing the case before them. While that seems unjust, it is realistic and should be considered in the equation. At the same time, it should not be the only trait to determine whether to hire an attorney.
2. Knowledge Of the Law And How To Practice It
Another important trait is intelligence and practice experience. Attorneys with intelligence who have adequate experience are in general a good choice. When paired with personality, the lawyer is probably pretty good at getting their way much of the time. To determine whether this exists with a particular legal professional, the prospective client might ask questions that are important to them and see how quickly and intelligently the lawyer responds. Also, checking on the internet to see how active a writer they are on the subject of workers compensation law will also key you into what they know and how intelligently they practice.
3. Vigor Plain And Simple
This is a particularly important thing that many older lawyers lack. Some will base their decision on whether to hire a certain attorney based on the years in practice. While this can be important, years in practice should could count against them if its too many years. Older lawyers tend to have less vigor and energy for obtaining results for their clients. Young professionals, on the other hand, are eager to give each client a positive experience in effort to obtain referrals. Older people tend to not need such types of referral due to their well established client base that they built years before. A younger person who appears vigorous and/or energetic should be seriously considered solely based upon their motivation to help you.
Selecting A Local Rancho Cucamonga California Work Injury Attorney
Contact Napolin Law Firm to speak to Mr. Napolin himself about your need for representation. He is there most days and can return phone calls very quickly. For vigorous representation from an intelligent and knowledgeable young attorney, you should strongly consider Napolin. You are able to reach him by dialing 909.325.6032. For more information facts about workers’ compensation lawyer help, visit The Napolin Law Firm’s website.
It is time you started looking for a workers compensation lawyer near where your home is located in Upland California. You will be on the search for an attorney with injury law experience. The legal professional that you ultimately go with should have a working knowledge and awareness of the courts and systems that will decide the outcome of your work injury case. Do not be tricked into hiring someone who does not have what it takes to know the value of your case and to tell you the truth and the reality about that value from the beginning. Many who have their first consultation will either not speak to a licensed person or will be told by the abogado that their claim is worth lots of money just to convince them to sign up. This may be what the prospective client would like to hear, but an unrealistic and/or fantastical evaluation is actually the biggest disservice a Upland California injury lawyer can do for a person. Only an honest evaluation from a competent and experienced attorney will provide the employee with the guidance to prepare them for the reality of what lies ahead.
Realistic Case Evaluation By California Injury Lawyer In Upland
When you call our firm, you will be connected to a valuable evaluation resource. Possible clients are reviewed by Mr. Napolin. Those who he believes he can help will be invited to sit down in the library to discuss the specific circumstances of the accident. During that free, no obligation consult with Mr. Napolin, the employee will learn their rights under California workmans comp. and how he believes it can be applied to their situation to achieve certain results needed for the claimant. Realistic goals will be set with a commitment to follow through with the procedures and advocacy to achieve them. Remember, litigation is never certain and unknown obstacles may arise. You will be warned about what we have seen damage value in the past and counsel you on how to avoid pitfalls. By the end of the meeting, you will have a preliminary outline of what the system is all about and how you can benefit from it. Those benefits are in reality not significant. You will know where you stand after visiting the library.
Find The Right Firm To Represent Your Comp. Claim
Our law office offers a free upfront, no hassle consult to give you our opinion of your circumstances. Not all cases are taken, however. This is because our services are not appropriate for everyone. If your case it not accepted, this does not mean that you do not have a claim. To the contrary, you probably do have a claim if you are seeking professional help. Not all cases are taken because the office receives many claims at a time and must pick and choose who to represent. This way the quality of advocacy is kept at high level. Depending on how many new clients are requesting our services at any given time will dictate whether we can take yours. In addition, sometimes it is felt that the culture of our office is not right for certain possible customers. You are encouraged to call other firms to find the right one for them.
Call today and speak to the owner of the law firm! Dial 1 (909) 325-6032!
The California workers compensation law system is complex. When a work accident happens, the employee is left to trust that the insurance adjuster will step up to the plate to provide the correct benefits to get the employee needed medical care and money to compensate for lost earning capacity. Trusting the adjuster blindly is usually a very poor choice to make in a workmans compensation claim. Why? Because the insurance company is consistently implementing procedures to contain costs of their claims. This means that the adjuster’s focus is probably on providing you less rather than more. This leads to a conflict of interest that can cause the employee to lose important benefits needed to recover and get their life back on track. Although having attorney help will not guarantee anything, it will greatly increase the odds of getting the most out of a very complex and litigious system. This is why most will turn to an experienced Pomona California work injury lawyer at some point in the claims process to advocate for them in a court of law.
Work Injury Lawyer in Pomona California
It is best to obtain proper representation as soon as possible after an accident has occurred. This is because early case management can significantly change the value of any given case. Why? Because the system is extremely rigid in that what happens at any given point, if adverse to the employee, can be extremely hard to change through corrective actions. So setting the stage for a successful claim is important. This can be done by a knowledgeable work injury lawyer in Pomona California. Some things that should be done right away are:
Selecting the appropriate doctor
Obtaining the appropriate referral to a specialist if needed
Appeal of adverse determinations on utilization review denials
Demand for temporary disability (TD) money
Application to SDI if TD is not likely forthcoming due to claim denial
Timely election for a PQME/second opinion to resolve disputes
There are a lot of other things that can be controlled early in the claim that are hard to overcome than what is listed above. To be sure you are protected, it is essential to set the stage. Not all lawyers are equal in this respect. Choose the one who you believe will be the most attentive to setting the stage rather than sitting back and litigating disputes at the end. Being one step ahead of the adjuster is an absolute must under the current climate
We Are A Step Ahead On Our Work Comp Cases
Our firm provides needed representation on a proactive basis rather than sitting back to litigate disputes that can be avoided through properly setting the stage of the claim. This maximizes value for the cases we handle. It also provides the potential for resolving things earlier, which is most often in the best interest of the applicant.
We offer completely obligation free phone conversation with an experienced Pomona California workers compensation lawyer. Calls are at no charge, and when we take on your case before the WCAB, you do not have to pay us anything unless we recover money via settlement or judgment. Call us at (909) 325-6032 to get right on the phone with a local attorney willing to talk to you about the specifics of your case and whether we might help you like we have so many others in the area.