California Workers’ Compensation Attorney Explains Eligibility Requirements
Any employee who suffers an injury that arises out of, or is caused by, employment in California, is entitled to Workers’ Compensation benefits. California Workers’ Compensation is a no-fault system, meaning even if the injured worker caused or contributed to the injury, the employer may likely still be liable for benefits.
Although there are no federal regulations for Workers’ Compensation, most states require some form of Workers’ Compensation. In the state of California, for example, employers are required by law to pay for Workers’ Compensation insurance or benefits, even if they only have one employee. Workers’ Compensation insurance may provide benefits for employees when they suffer a work-related illness or injury on or due to their job.
Below are some examples of work-related injuries that may lead to the filing of a claim with a California Workers’ Compensation attorney:
- A maintenance employee falls off a ladder at work while repairing a broken ceiling fan and suffers a closed head injury resulting in a TBI/traumatic brain injury, memory loss, aphasia, dysphasia, spinal cord compression, stenosis, broken bones, and other serious physical orthopedic injuries.
- A cook working in the kitchen of a hospital is burned while preparing meals for customers.
- A factory worker is injured by a machine that he is operating as a part of his job when the machine malfunctions.
- A teacher is injured by a mentally disabled student who falls on her, causing the teacher to break her arm.
- A firefighter falls off a ladder and injures his neck while performing a training operation as a part of his job.
- An electrician is electrocuted while on the job repairing a power line that was damaged during a thunderstorm.
- A plumber of 20 years has developed arthritis in both his knees due to constant bending and kneeling at work.
- A construction worker of 10 years lifts heavy objects at his job every day. He now needs surgery on his low back.
- An office worker of 25 years has developed neck problems from repetitive computer use and now requires neck surgery.
- A sandblaster who was regularly exposed to dangerous dust, fumes, chemicals & substances, develops severe respiratory system illness & becomes physically deconditioning.
- An ambulance paramedic of 20 years who was constantly exposed to higher-than-normal levels of stress every day on the job and suddenly has a stroke after returning home from an overtime shift.
Our Workers’ Compensation attorneys have a shared history of over 50 years litigating in this practice area and have all worked with a wide variety of work injuries. Their knowledge about the effects of injuries on client bodies, ranging from catastrophic injuries to temporary disabilities, is what makes them so compassionate about and dedicated to the work that they do. They understand that our clients are experiencing pain and hardship, and do not have the tools they need in order to face their employer’s insurance company. Nyman Turkish PC will not stop fighting for you until you have received the maximum of every benefit you deserve.
If you have been injured on the job, or suspect your work caused or contributed to your injury, let us start helping you today! Your initial consultation is 100% free and we offer our clients a NO FEE GUARANTEE. Our only goal is to reach a settlement that helps you heal from your work-related injury or illness. If we do not reach this goal, you will not pay us a penny for working on your claim.
Specific Incident vs Cumulative Trauma Injuries
In the California Workers’ Compensation system, there are two different types of injuries that a person can file:
- Specific Injuries are incident-specific, or injuries that occur because of a specific event that happened while on the job. For example, if you are working in a warehouse and were injured because of an item falling off of a shelf and hitting you on the foot, this would be an incident specific injury. These injuries generally occur because of an accident that our client was involved in while completing their job duties.
- Cumulative Trauma Injuries are injuries and ailments that develop over time because of job duties. These injuries are generally caused because of repeated strain put on the employee’s body while completing job duties. These types of injuries could also have been exasperated by a Specific Incident. An example of this type of injury would be an electrician that carried heavy wire to job sites for 10 years, and now has ongoing pain and must undergo surgery on his lower back because of disc impairments.
Regardless if your injury is a specific injury or cumulative trauma (or both), a California Workers’ Compensation attorney at our Firm can help you with your claim. When you initially speak with our team, they will ask you a lot of questions regarding both your injury and your job duties in order to ensure that we are considering ALL injuries and impairments that you may be able to file a Workers’ Compensation claim regarding. Sometimes people may not realize that pain that they are living with is being caused by their job, and therefore they may miss out on medical and financial benefits that they deserve. At Nyman Turkish PC, we treat our clients like family, and want to be sure that you are completely taken care of. While you focus on getting better, let us focus on getting your claim approved.
A California Workers’ Compensation Attorney Will Make Sure Your Application is Complete
The Workers’ Compensation claims process varies from state to state and can quickly become complex. We recommend that you contact our office as soon as you decide that you want to file a claim, so that we are able to assist you from the very beginning. At a time when your mind should be focused on healing, let our experienced Workers’ Compensation team take the burden of your claim off your shoulders.
If you are unsure whether you want to file a claim, but have been considering it, we also recommend that you contact our office. We offer a free case evaluation to every person who calls and would be happy to give you expert advice on what your best path would be regarding your claim.
In California, if you have suffered a work-related illness or injury, you should immediately report your injury to your employer, which may include your supervisor or other company personnel as required by your company’s employee handbook. The sooner you report your injuries or illnesses the better, however you can still start your claim up to a year after you are diagnosed or experience your injury. If you were injured on the job, call our office and tell us about the situation, since our evaluations are free there’s no downside to at least finding out if you might be eligible for benefits.
Once your employer receives notice of your claim, typically the employer will notify its Workers’ Compensation insurance carrier to open up a claim. You will want to ask your employer for a copy of the written accident report as proof you filed a notice of injury report with your employer. In fact, you will want to keep records of everything throughout your Workers’ Compensation claim so that you have evidence to support your case.
While we would be more than happy to start working on your claim from the very beginning, we can help you at any point in the process. Our attorneys are extremely skilled in turning denied claims into accepted claims and are willing to take claims to litigation in order to ensure our client’s receive 100% of the benefits they need. Regardless of where your claim currently is in the process, what paperwork has been filed, and who you may have already spoken with, give us a call so that our expert team can make sure you are moving in the right direction.
Contact a Nyman Turkish California Workers’ Compensation Attorney Today
Our team is ready to help you. If you have sustained an injury at work, developed an injury over time because of your job responsibilities, or have become sick due to your work conditions, contact us for more information about Workers’ Compensation benefits.