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Workers' Compensation

Choosing The Right Attorney Makes A Difference

Attorney Thomas F. Martin Can Help You Obtain Your Rightful Compensation

Accidents and injuries can happen on the job to even the most seasoned workers. If you or someone you love has been injured at the workplace, experienced California workers’ compensation attorney Thomas F. Martin can help you get the maximum benefits you are entitled to.

Data from the Bureau of Labor Statistics (BLS) shows that in 2019, a total of 2.8 million work-related injuries were reported in private industry. Data also shows that a significant percentage of these injuries caused workers to take time off work – anywhere from a few days to several weeks.

Fortunately, California has one of the best workers’ compensation systems in the country and offers a wide range of benefits to injured workers – from medical care to disability benefits. At the same time, the process of filing a claim and receiving the compensation you deserve can be a bit complicated – especially if your employer disputes your claim.

Attorney Thomas F. Martin can guide you through the claim process, make sure your rights as a worker are not violated by your employer or the insurance company, and help you get the maximum compensation possible under the law.

Filing a Workers’ Compensation Claim in California – What You Need to Know

Informing The Employer

Section 5400 of the California Labor Code requires injured workers to inform their employer about their injury – in writing – within 30 days from the date on which they suffered the injury. Failing to do so can jeopardize your chances of filing a workers’ compensation claim and receiving the benefits you are entitled to.

However, Section 5402 of the Labor Code states that if the employer is notified of the injury by a third party – supervisor, manager, or the injured employee’s coworker – they must provide the injured worker with a claim form and take the necessary steps to initiate the claim process from their end – even if they do not receive any written notice from the injured worker.

Eligibility Criteria For Filing a Claim

In order to file a workers’ comp claim in California, you must meet the following criteria.

• You must be designated as a full-time or part-time employee, not as an independent contractor.
• The injury in question must have arisen out of employment (AOE) or must have occurred during the course of employment (COE).

It should be noted that California law grants you the right to receive workers’ compensation benefits regardless of your immigration status. So, even if you are an undocumented immigrant, you are entitled to receive the same compensation and the same kind of benefits that a legal immigrant or a native-born citizen is entitled to receive.

Settlement Negotiations

California law requires you – as well as your employer – to take part in a mandatory settlement conference (MSC), where you can try to negotiate a settlement and resolve your claim without going to court.

If you are unable to resolve your claim through negotiation, you can file a request for adjudication with the Workers’ Compensation Appeals Board (WCAB). If you are not satisfied with the WCAB’s decision, you can file an appeal with the appellate court and request for a review of the WCAB’s decision.

Consult With The Leading Workers’ Compensation Attorney Thomas F. Martin For Your Claim

Workers’ comp claim process can be complicated and even the slightest mistake on your part can delay the process or make it harder for you to get the benefits you deserve. Attorney Thomas F. Martin has over 25 years of experience in handling workers’ compensation claims and can help you get the best possible medical care and financial benefits you deserve.

If you have suffered a workplace injury, we encourage you to discuss your workers’ comp claim with highly rated California work injury attorney Thomas F. Martin. Call us at 714-547-5025 or fill out this online contact form given below to schedule a free, no-obligation case evaluation.