The hidden truth about work injuries is that they may occur on a specific day or happen over time. California's Worker's Compensation system is the only remedy for workers who are hurt in the course and scope of their employment. The compensation bargain between employers and employees is that the worker does not have to prove somebody is at fault for the injury and the employer's damages are limited to those provided under the California Labor Code. All employees are eligible for Worker's Compensation benefits when injured at work regardless their immigration status. The compensation system does not pay pain and suffering, but does cover some wage loss up to statutory maximums. The benefits provided to the California worker include; medical treatment paid for by the Worker's Compensation carrier, temporary disability in cases where a doctor disables a worker in a medical basis, a permanent disability award in serious injury cases, and a possible right to future medical treatment.

Tip for an Injured Worker: Always report an injury when it happens to the first available supervisor or manager. California law requires that an employer that knows or that should reasonably know of a work related injury must provide a DWC 1 form and report the injury to its Workers' Compensation insurer. Never allow a manager or employer to tell you that they will take care of the injury outside of the Worker's Compensation system by paying for treatment from their own pocket. If you are in this situation, seek legal representation immediately as the passage of time creates a presumption against your claim for benefits.

Whether you are involved in an auto accident, a slip and fall, or a construction site injury, a complicated system of mandatory deadlines and legal requirements awaits the injured party. Is there insurance to cover the injury and/or the damage? Who is the party at fault and have the actions of the injured party contributed to their own accident? Are there other parties or business that might be responsible for damages? The questions to be asked in a Personal Injury matter are many and require knowledge of both law and legal procedure. Insurance companies are in the business of making sure that injured parties recover as little as possible in order to protect their profits. Our firm has experience in representing hundreds of injured clients in order to protect their rights and maximize their recoveries.

Tip for Those Involved in an Auto Accident: Never leave the scene of an auto accident without securing the insurance information of all parties involved, writing down names of witnesses, and calling the police to file a report. With passage of time, the memories of those involved in the accident will fade. This is why a police report is the best way to insure the events of the accident are properly documented.

The Social Security system is a safety net provided by the federal government to help sustain injured or ill U.S. residents or citizens regardless of the cause of their disability. The main test for being disabled is whether the applicant's injury prevents a worker from performing substantial work or if the worker is medically unable to return to a past relevant job. Unlike a California Worker's Compensation claim, Social Security benefits may be permanent for the life of the applicant if the medical evidence supports this conclusion. Other requirements for eligibility include a history of employment and a contribution to Social Security through paycheck deductions.

Tip for Those Seeking Social Security Benefits: Once you know that your disability, injury, or illness will take you off from work for more than one year you should begin the process of applying for Social Security disability. Most Social Security disability claims are denied based on the application alone and require an appeal and hearing to ultimately be accepted. The process may take 6 months or years to complete. If your application for Social Security has been denied, you have a limited time frame to appeal. Contact our office immediately.

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