Updated March 2024
If you are a recently injured employee in the state of California, do not let your employer deny you the workers’ compensation benefits that you deserve. At Kneisler & Schondel, our dedicated legal team is ready to help you pursue a claim for work comp benefits and compensation for your on-the-job injuries. Attorney Matthew A. Schondel has decades of experience litigating complex workers’ compensation cases, and he understands the challenges that you are currently facing.
From medical bills to temporary disability payments while you are off work, our legal team at Kneisler and Schondel will work tirelessly to secure the financial support you need to recover from your work injury and move forward with your life. Schedule a free consultation with us today and let us do the advocating for you.
The Complex Workers’ Compensation System in California
The California workers’ compensation system is intricate and complex, with many different laws, regulations, and procedures that must be followed. For example, workers’ compensation claims in California must be filed within one year. There are other deadlines that must be followed when it comes to filing appeals and other pleadings throughout the course of a work comp claim.
Injured workers often find it challenging to navigate the workers’ compensation system due to the many complexities. For this reason, it is highly recommended that injured employees consult with a workers comp attorney as soon as possible after they are injured on the job.
Navigating the complex landscape of workers’ compensation in California can be a daunting task for injured employees. The Division of Workers’ Compensation (DWC) serves as a foundational pillar, offering essential resources and information on workers’ compensation policies. Despite the availability of these resources, the intricacies of filing a workers’ compensation claim often necessitate professional guidance. A workers comp attorney is not just a legal advisor; they are an advocate for your rights and an indispensable asset in ensuring you receive the benefits to which you are entitled.
The role of an attorney for workers comp claims is multifaceted. First and foremost, a workers comp lawyer is an advocate for their client, the injured worker. The value of having the representation of a workman comp attorney from the very beginning of your case is huge. It is beneficial because your workers comp lawyer can guide you throughout the whole process, ensuring that your workers compensation claim is fairly assessed, and keeping your claim on the right track by pushing for medical treatment authorizations as needed.
The Importance of Seeking Legal Expertise
The importance of seeking the expertise of a workers’ comp lawyer California cannot be overstated, as they significantly enhance the likelihood of a successful claim by adeptly navigating the claims process and protecting your rights. Work injuries are different than personal injuries, so hiring a workers comp attorney with substantial experience in this area of law is essential.
Furthermore, hiring a workers’ comp attorney is beneficial because workers’ compensation laws can be intricate and challenging to interpret without legal knowledge. An attorney’s expertise can help injured employees understand their legal rights, allowing them to navigate the claims process effectively.
Armed with a deep understanding of workers’ compensation law, an attorney for workers comp becomes a crucial ally in securing your rightful benefits, highlighting the undeniable value of seeking professional legal assistance from a reputable workers’ compensation law firm. At Kneisler & Schondel, we can help you obtain the workers’ compensation benefits that you deserve. Give our office a call today at 707-542-5132 or contact us online here.
An attorney for workers comp can provide valuable guidance, ensuring you understand the intricacies of your claim and advocating on your behalf. They can assist with filing claims, handling disputes, and navigating the appeal process, all while keeping your best interests at the forefront.
A workers comp lawyer in California serves as a dedicated advocate for injured workers in this state, ensuring that their interests are protected throughout the claims process. A workers comp attorney has the skills and experience needed to negotiate effectively with employers and insurance companies in order to secure successful settlement outcomes and achieve the maximum benefits and compensation for their clients. Consulting a workman comp attorney at a workers’ compensation law firm can be a significant step towards receiving the full range of benefits you deserve.
In situations where employers refuse to comply with their legal obligations, consulting with a workers comp lawyer California becomes indispensable. A skilled workers compensation lawyer can guide you through the complexities of filing a workers compensation claim and ensure that you are well-informed about your case. Whether it’s negotiating with insurance companies, representing you in disputes over medical treatment, or helping you understand the intricate details of workers compensation law, a reputable workers comp lawyer California law firm and an experienced workers comp lawyer can provide the support and advocacy needed to secure your rightful benefits.
Attorneys help guide their clients through each stage in the workers’ compensation claims process. First, your workers comp attorney will help you file your claim by sending it to your employer, who will then send it to their insurance company. From there, your claim will be investigated and may be accepted or denied.
If your claim is accepted, you can proceed with medical treatment as needed and you can check in with your attorney as you go along. You may need help with getting certain treatments or procedures preauthorized down the road. Eventually, you will likely be found to have reached “maximum medical improvement” and released from treatment. At this time, your case will be ready for settlement negotiations.
If your claim is denied, you have the right to object to the denial of your claim by filing your case at a DWC office. To file your case, you and your attorney will prepare an Application for Adjudication of Claim at the DWC office in the county in which you live (or where you were injured). There are specific procedural rules that must be followed, such as serving the application on all other parties.
When you and your attorney are ready to bring your case to trial, your attorney will file a Declaration of Readiness to Proceed form to request a hearing. Once a hearing date has been set, you and your attorney will appear before the arbitration judge assigned to your case. You will have an opportunity to present your case and introduce evidence supporting your claim is compensable that that your injury is work-related.
You absolutely have the right to call around and speak with a few different workers’ comp lawyers before committing to one lawyer or law firm to represent you. Many attorneys (understandably) want to sign up a new client right away, but it is important for injured employees to know that they do not have to stick with the first attorney they call if hiring a different workers’ comp attorney is in their best interest. You can also learn about the pros and cons of hiring a workers comp attorney before you begin your search.
To schedule a consultation with a workers’ compensation lawyer at Kneisler & Schondel, give us a call at (707) 542-5132.
Table of Contents:
1. Your Employer Is Refusing to Pay Anything
2. Your Employer Will Not Report the Injury
3. You Have Not Received Disability Benefits
4. You Were Fired After Your Workplace Injury
5. You Are Unsure If You Are Getting All of the Benefits You Are Entitled to Receive
6. You Are Having Trouble Communicating with the Employer’s Doctor
7. Your Employer Will Not offer You Alternative Work After Being Released Back to Work
8. The Employer’s Doctor Says You Are Ready to Go Back to Work When You Are Not Comfortable Doing That
9. You Have Been Offered a Lump Sum Settlement for Your Workers’ Comp Claim
10. Your Employer is Dragging Its Feet on Paying Benefits
When an employer in California refuses to acknowledge a workplace injury by not providing workers’ compensation benefits, it’s crucial for the employee to understand their rights and the steps they can take. Employers in the state are mandated to either provide workers’ compensation insurance or become self-insured. Here are the essential actions an employee should take:
Know Your Benefits: Employers must give you a workers’ compensation pamphlet, post a notice to employees, and provide immediate medical care and temporary disability benefits.
Workers’ compensation benefits in California include:
If your employer is uninsured, you have additional options:
Understanding your rights regarding medical treatment is critical:
For more information about your legal rights and how to proceed when your employer refuses to pay for your work comp benefits, give us a call at (707) 542-5132.
In the event your employer refuses to report your workplace injury, it is imperative to take immediate and decisive action to safeguard your rights and benefits under California’s workers’ compensation law as an injured employee. Here are the steps you should consider:
Inform Your Supervisor or HR Department: Directly report the injury to your immediate supervisor or the human resources department if your employer initially refuses to report the injury.
Document Your Report: Keep a written record of your report, including date, time, and the person you reported the injury to. This documentation can be crucial in your workers’ compensation claim. Be sure to provide any documentation to your workers comp lawyer California.
Employers in California are legally obligated to report workplace injuries, and failure to do so not only jeopardizes the well-being of their employees but also exposes them to legal consequences. By taking the steps outlined above and enlisting the support of a skilled workers comp lawyer California, employees can ensure their rights are protected, and they receive the compensation they deserve. Engaging with a reputable workers compensation law firm early in the process can provide the guidance and advocacy necessary to navigate the complexities of workers comp claims effectively.
Has your employer failed to report your injury? Contact us now to discuss at (707) 542-5132.
Navigating the complexities of disability benefits in California can be challenging, especially when you have not received the benefits you are entitled to. Understanding the eligibility criteria and the steps to apply is crucial in ensuring you receive the support you need.
What does a workers’ comp lawyer do for injured workers who are in need of disability benefits? A skilled lawyer workers compensation attorney can guide you through this process, ensuring that your rights are protected and that you receive the maximum benefits possible.
Temporary vs. Permanent: Workers’ compensation covers both temporary and permanent disabilities due to work-related injuries, ensuring medical bills and necessary benefits are provided.
SDI and Workers’ Compensation: Initially, workers should qualify for temporary income replacement through Workers’ Compensation. If these benefits are less than SDI benefits, a claim for SDI can be filed.
Coverage for Self-Employed and Undocumented Workers: Self-employed individuals must enroll in “Disability Insurance Elective Coverage” with EDD and pay premiums to be covered. Importantly, undocumented workers cannot be denied SDI benefits if they meet all other eligibility requirements.
An injured employee would rarely be required to pay back their employer for workers’ compensation benefits that they have received. However, under some unique circumstances, injured workers must pay some or all of their benefits back. So, why would you have to pay back workers comp?
There may also be scenarios in which you might have to pay back benefits that your employer overpaid. If your employer asks you to pay back some or all of your benefits, be sure to consult with a workers comp lawyer in California before taking any action.
Hiring an attorney early in the process can ensure that you are well-informed about the pros and cons of hiring a workers’ comp attorney and receive the necessary guidance and advocacy. Whether it’s understanding the intricate details of workers compensation law, negotiating with insurance companies, or representing you in disputes, a reputable workers compensation law firm or a lawyer workers compensation can provide the support needed to secure your rightful benefits.
Contact a California lawyer workers’ compensation attorney as soon as you can or connect with us right now to discuss at (707) 542-5132.
Being terminated from a job due to a work-related injury can be a distressing and confusing experience. In California, however, the law is on the side of the injured worker. Labor Code Section 132(a) explicitly prohibits employers from firing employees for filing workers’ compensation claims, ensuring that the rights of workers are protected.
Understanding Wrongful Termination and Workers’ Compensation Claims:
Navigating the Legal Landscape:
File a Retaliation Claim:
Demonstrate the Connection:
Understand Potential Outcomes:
To ensure that your rights are fully protected, it is advisable to engage with a workers compensation law firm. A workers comp attorney can provide comprehensive guidance on the pros and cons of hiring a workers’ comp attorney, helping you navigate through the complexities of workers compensation claims. With their expertise, they can assist in building a strong case for your retaliation claim, aiming for a resolution that upholds your rights and interests.
Determining whether you are receiving all the benefits you are entitled to can be complex and overwhelming. A workers comp attorney can help clarify your entitlements and ensure you are not missing out on critical benefits. Here’s what you need to know:
A workers compensation attorney can provide valuable guidance, ensuring you understand the intricacies of your claim and advocating on your behalf. They can assist with filing claims, handling disputes, and navigating the appeal process, all while keeping your best interests at the forefront. Consulting a workers compensation law firm can be a significant step towards receiving the full range of benefits you deserve.
Communicating effectively with the employer’s doctor is essential for managing your workers’ compensation claim. However, if you’re encountering difficulties, it’s important to know your rights and the steps you can take to address these issues:
Confidentiality and Medical Information:
Rights and Complaints:
HIPAA and Reasonable Accommodations:
Upon being medically cleared to return to work following a workplace injury, California employees may encounter a situation where their employer is not providing suitable modified or alternative work. Understanding your rights in this scenario is imperative:
Rights to Modified or Alternative Work:
Criteria for Work Offerings:
If Suitable Work Is Not Offered:
Legal Protections and Support:
Should you find yourself in a situation where your return to work is met with resistance or lack of accommodation, it is beneficial to consult a workers comp attorney. They can help you understand the pros and cons of hiring a workers’ compensation attorney and advocate for your rights, ensuring that your employer adheres to the obligations set forth by workers’ compensation law. Employers must recognize the importance of facilitating a supportive environment for recovering employees, and a workers compensation lawyer can be instrumental in achieving this goal.
If you find yourself in disagreement with your employer’s doctor regarding your work readiness after a workplace injury in California, it is important to know that you have the right to seek a second opinion. Here’s how you can proceed:
Requesting a Reevaluation:
Appealing the Decision:
Understanding Your Rights Under California Labor Code:
Legal Protections and Employer Liabilities:
By understanding these rights and procedures, you can take informed steps to ensure your health and readiness to return to work are accurately evaluated. A workers comp attorney can guide you through this process, helping you understand the pros and cons of hiring a workers’ comp attorney and ensuring that your workers compensation claim is fairly assessed.
In the realm of workers’ compensation in California, a lump sum settlement is a critical juncture in the claims process. It’s a one-time payment offered in lieu of ongoing weekly or biweekly payments for temporary or permanent disability benefits. If you’re faced with this option, it’s vital to weigh the pros and cons carefully.
Advantages of a Lump Sum Settlement:
Disadvantages of a Lump Sum Settlement:
Before making a decision, it’s advisable to consult with a workers comp attorney. They can critically assess the insurer’s initial offer and negotiate for a fair settlement that considers both current and potential future needs.
Stipulated Findings and Award:
Compromise and Release:
Ensuring Fairness in Settlements:
Remember, a workers comp attorney is not just a legal representative; they’re your advocate, ensuring that your workers compensation claim results in a settlement that aligns with your financial needs and compensates for the hardships endured.
In California, the law mandates a prompt response to workers’ compensation claims, ensuring that injured employees are not left in financial distress due to delayed benefits. If you find yourself in a situation where your employer or their insurance provider is dragging their feet on paying benefits, it’s essential to understand your rights and the steps you can take:
Understanding Time Limits and Rights:
Potential Penalties for Delays:
Common Delay Tactics and Presumptions:
As a worker facing delays in receiving your compensation, it’s advisable to consult with a workers comp attorney who can guide you through the complexities of your workers compensation claim. A skilled workers compensation lawyer can help you understand the pros and cons of hiring a workers’ comp attorney and advocate on your behalf to expedite the process. Engaging a reputable workers compensation law firm can be a significant step towards ensuring that your rights are protected and that you receive the benefits you deserve without unnecessary delay.
When faced with the complexities of a workers compensation claim in California, having expert legal assistance can be pivotal in ensuring a fair and timely resolution. Kneisler & Schondel stands ready to provide that expertise, with a focus on Workers’ Compensation and Social Security Disability benefits.
By choosing Kneisler & Schondel for your workers compensation claim, you align yourself with a workers compensation law firm that prioritizes your needs, offering straightforward solutions to complex problems. With their guidance, you can confidently navigate the intricacies of workers’ compensation law, ensuring that your claim is handled with the expertise and attention it requires.