San Jose Workers' Compensation Lawyer

Workers' compensation cases can be complex and may require the legal help of an experienced workers' compensation attorney. It's crucial to hire to help you file a workers' compensation claim in situations including:

• Your employer caused your injury, contributed to your injury, or engaged in misconduct that resulted in you sustaining a work injury.
• Your employer doesn't carry workers' compensation insurance.
• Your employer denies your workers' comp claim or does not appropriately pay your benefits.
• Your employer retaliates against you for filing a claim - this can include demoting you, firing you, and reducing your hours or pay.
• Your benefits do not cover all of your medical costs and lost income.
• Your injuries prevent you from returning to work or limit your work ability to work.

Our Southern California law firm proudly maintains a 99% success rate and has won millions of dollars in settlements and verdicts for accident victims. We thoroughly investigate your case, gather necessary evidence, and prepare your workers’ compensation case in a timely manner. Our San Jose personal injury law firm operates on a contingency fee basis so you don’t pay any legal fees upfront.

Some of the most common accidents that result in work injuries include:

Slips, Trips, and Falls

Slips, trips, and falls are one of the most common types of workplace accidents in the U.S. and accounted for 1,179,340 nonfatal workplace injuries in 2020.

Motor Vehicle Accidents

Auto accidents are a leading cause of injuries sustained on the job. In 2020, 1,038 workers died in work-related collisions involving motor vehicles.

Repetitive Stress Injuries

Repetitive stress injuries are caused by overuse and repetitive movement. These injuries can impact the muscles, nerves, and tendons and can cause stiffness, tenderness, and tingling in the affected area.

Overexertion

Overexertion and muscle strains can cause long-term injuries and chronic pain.

Struck by Objects or Machinery

When objects or machinery strikes or falls on a worker, it can result in severe injuries.

Harmful Chemicals or Environments

Exposure to harmful chemicals or environments can pose severe risks to a person's ears, eyes, skin, and respiratory systems, especially if they do not have the proper personal protective equipment (PPE).

Fire and Explosions

Fire and Explosions can cause severe damage to your respiratory system and body tissue. This type of accident has a very high casualty rate due to the hazardous nature of explosions and fire.

Falling from Heights

When workers work from heights such as roofs, buildings, and utility poles there is a potential risk of sustaining an injury due to falling. These accidents may occur as a result of bad weather, slippery surfaces, poor lighting and visibility, and the lack of necessary safety equipment.

How Long Can I Stay on Workers' Comp?

You can receive workers’ compensation benefits for 104 weeks during a 2-year period. You may be able to parcel out the payments over a 5-year period. If you sustained a long-term injury or illness, you may be able to receive benefits for up to 240 weeks within a 5-year period.

What Injuries Are Not Covered by Workers' Compensation?

• Injuries sustained when an employee commutes to and from work - if you are injured during your commute to or from work, you are typically not covered by workers' comp benefits during these periods. However, if you are performing work duties for your employer during your commute, and an accident occurs, you may be eligible for workers' comp benefits.
• When an employee disregards safety procedures and rules.
• When an employee takes a break or lunch outside of the worksite.
• When an employee is intoxicated on the job - if an employee is under the influence of drugs or alcohol when they sustain a workplace injury, the injury will not be covered by workers' compensation.
• When an employee engages in a fistfight or physical altercation with another person.
• When an employee willfully attempts to injure oneself or another person.
• Minor injuries that only require first aid treatment like a small cut or scrape.

What is The Protocol if I Get Hurt on The Job?

If you sustain a work injury on the job, you should notify your employer about the injury as soon as possible. Under California law, you must report your work injury to your employer within 30 days. You should also seek immediate medical care for your injury. Be sure to collect medical records and any expenses related to your work injury.

If you do not discover your injury within this timeframe, you may still be able to file a claim. Injuries that occur over an extended period of time are known as cumulative trauma. For example, you may develop carpal tunnel syndrome if you use the computer every day. The statute of limitations for cumulative trauma is 1 year from the date of the discovery of the injury. Workers' compensation attorneys can help you determine the time frame you have to file a claim. An experienced workers' comp lawyer will help you file your claim and submit the necessary paperwork within the appropriate deadlines.

Can You Be Fired While on Workers' Comp?

The simple answer is yes. However, an employer cannot fire you simply because you filed a workers’ compensation claim or are receiving workers' compensation benefits. Your employer may be able to fire you for another reason, however, such as poor work performance, showing up late or leaving early without permission, making mistakes, or missing deadlines. If you strongly suspect that your employer fired you due to receiving worker's comp, it is crucial to consult a workers’ compensation attorney to discuss your legal options.