Workers Compensation Attorneys Bakersfield Ca
Other practice areas include OSHA claims and industrial disability retirement. In California, a personal injury lawyer in Bakersfield can be certified as a California workers compensation law specialist. Attorneys must take a test, provide references and demonstrate a high level of experience in the specialty. At Accident.com, we can connect you with a specialist workers comp attorney in Bakersfield.
Tell the health care provider who treats you that your injury or illness is job-related. Your employer must give or mail you a claim form within one working day after learning about your injury or illness. There are a number of advantages that workers’ compensation has to offer for Bakersfield employees who are injured on the job.
In 2019, there were about 20,700 reported workplace injuries in the California natural resources and mining industries alone. Common injuries include lacerations, sprains and twists, with the most-affected body parts including back, hands/fingers and joints. As mentioned above, the first doctor to treat you will file this form. You must tell your doctor that your injury is from work so they know to fill out the right paperwork.
If you have a job-related injury, a severe injury, a work-related motor vehicle accident, a construction accident, or even a death claim, please contact our office for an immediate consultation. Homeowners can visit the CSLB website to perform an "instant license check" of a contractor by typing in their license number, business name, or personnel name. Workers' compensation insurance information is listed on the contractor's individual webpage.
You have 45 days from the decision on your petition to file for a writ of review. Unfortunately, appellate courts rarely overturn decisions by the appeals board. Once this form is filed, a mandatory settlement conference will be scheduled within 30 days. The judge or referee who presides over the conference has the authority to approve a settlement or issue a ruling and award.
The Department of Industrial Relations recognizes the importance of communicating effectively with individuals, including those with limited English proficiency. DIR is making an effort to provide meaningful services for individuals that speak languages other than English. 24/100LAWPOINTS™ measure the overall completeness of a Lawyer's profile. 31/100LAWPOINTS™ measure the overall completeness of a Lawyer's profile. If you believe your employer is not insured, contact your local Department of Industrial Relations Division of Labor Standards Enforcement office and make a complaint. The trial will be held before another judge, and you will be required to attend.
There are multiple deadlines for all parties a Bakersfield workers comp case and following them is essential to make sure your claim is processed efficiently. Failure to return the completed form to your employer puts you at risk of losing your right to benefits. If your employer does not give you a claim form, contact an information and assistance officer. Once you have the claim form, fill out the “employee” section, sign and date it, and send it to your employer right away. The claim form should be returned to the employer in person or by mail. If you mail the claim form, use certified mail (“return receipt requested”) so there is a record of the date it was mailed and received.
If you do not receive a form, you can contact Information & Assistance Services to find out how to obtain one. You can call the number for the officer at your district office. The amount you receive is based on your disability rating, which is determined by the DWC’s Disability Evaluation Unit. A rater from the unit will use the report from a qualified medical examiner to calculate your disability rating, which is put into a formula to determine the amount of benefits you receive. Another major factor in determining the amount of money you receive is your average weekly wages when you were injured. Those who cannot work while healing can receive temporary disability benefits, which grant two-thirds of regular earnings every two weeks.
If your doctor wants to provide treatment not listed in the MTUS, the insurance company must still pay for it if it follows other scientifically-based guidelines recognized by the national medical community. Based on this diagnosis, the injured worker’s disability benefits will vary. Our legal team will monitor this process to ensure you receive the most expansive benefits available. If necessary, our team can also help you file a third-party personal injury claim against another liable party.
If your employer does not deny your claim within 90 days, you can presume that your injury is covered. If the injury or illness forces you to miss work, you should begin receiving temporary disability benefits within 14 days after the insurer learns about the injury and your temporary disability. If the insurer doesn’t start the payments by then or respond to the claim by denying it or asking for more information, it will be required to pay a 10% late penalty on the disability payments. If the employer voluntarily provides medical treatment or temporary disability benefits, the one-year deadline will stop running. This is because the employee can reasonably assume his or her claim is not being disputed by the employer. The purpose of workers’ compensation is to cover your medical treatment and a portion of the wages you lose when you are unable to work because of your injury or disability.
The UR/IMR process ensures that all conservative treatment is exhausted before more invasive and costly procedures. The Medical Legal process is set up to ensure there are checks and balances of the treatment provided by Primary Treating Physicians. Our law firm strives for dedicated, successful and personalized Personal Injury and Worker's Compensation counsel for each and every one of our clients. Mr. Beck specializes in personal injury, real estate, and business litigation cases, trying numerous successful cases including jury cases, court cases, and binding arbitrations.
Injury representation is generally offered on a contingency fee basis . Determine whether personal injury or workers’ compensation is better for you. There are a few important laws that apply directly to workers’ compensation cases in Bakersfield. For example, the California workers’ compensation statute of limitations is one year from the date which the employee is hurt or recognizes their injury.
He also has a substantial amount of appellate experience with case law on record. The most important deadline for injured workers is reporting an injury or illness within 30 days of when you believe it incurred on the job. For most workplace maladies, determining when the injury occurred is simple enough, but repetitive-stress injuries or occupational diseases that occur gradually, can make that determination complicated. Getting injured at work sets in motion California’s highly-involved workers compensation process. If you’re dealing with a superficial injury, you may be able to handle the process solo.
Clark, where she focuses on workers’ compensation cases. For nearly 40 years, he has fought day in and day out for the rights of injured workers.