Clues To A Quality Workers’ Comp Attorney in Orange County
Not all lawyers are made equal. Some actually routinely go to court, and others spend their time promoting their catchy nicknames on billboards, radio and TV. Some even have songs that tell you absolutely nothing about their skill as an attorney.
When people suffer a work injury, it’s serious business. You deserve information about the lawyer that tells you what makes them qualified to help you navigate the California workers’ compensation system.
What qualities does a truly exceptional workers’ comp attorney have in Orange County?
- Communication With A Lawyer – Not A Paralegal
Clients have a right to know where their case stands at every point of the legal process. Having access to the attorney that is representing you shows they are personally involved in your case.
Some law firms have dozens of non-lawyers processing your claim. Why hire a law firm if you hardly ever get to talk to a lawyer? Does the lawyer even now about what is going on in your case? Or is he or she just relying on their staff to deal with the issues of your case?
Cases, like people, are dynamic – things can change rapidly. Is the lawyer available for unexpected developments? Is the lawyer ready to get a court date to deal with the problem, or are you going to just get talk from the non-lawyers at the firm? These are questions to ask BEFORE you hire a workers’ compensation attorney.
- Reliability
A workers’ comp lawyer should do what he or she says they are going to do. Ask the attorneys you are considering to help you what the game plan is on your case, and how they plan to give you feedback on your case.
If, for example, benefit checks suddenly stop coming without explanation, clients should be able to contact their lawyer immediately. There could’ve been a technical mistake or the insurance company could’ve decided benefits are no longer necessary, despite doctor’s orders. Can you rely on your lawyer to have a game plan? Or are you going to get the run around by the firms non-lawyers? Ask how such things will be handled BEFORE you decide on a lawyer to hire.
- Attentiveness
When interviewing lawyers to hire, are you sensing that the lawyer is paying attention to the unique aspects of your case, or are they just running through their “script”? If you aren’t straight answers to your questions, that may be a sign that you will be treated the same way as a client
An attentive lawyer will HEAR what you are saying, and do his or her best to answer your questions. know the details of every settlement offer — even if it’s unacceptably low — and share that information with their client before rejecting the offer.
- Strong Negotiation Skills
Insurance companies know who the prepared attorneys are. Making certain that your case is fully documented is hard work, and it puts your lawyer in a strong position to negotiate the result you deserve. If the insurance company is dealing with an attorney that is routinely unprepared or relying on non-attorneys to handle your case, your case is not going to be taken as seriously. Ask the lawyer you are interviewing how they process cases and what their reputation is for being prepared BEFORE hiring them.
- Preparation
The successful outcome of a case depends on the lawyer’s commitment to preparing the case for trial. Ask the lawyer if he or she is PERSONALLY preparing the case for the Judge, and PERSONALLY appears before the Judge BEFORE you hire them. If all the lawyer is relying on non-lawyers to do the critical work and appearances on the case, you deserve to know that ahead of time
- Knowledge About The Workers Compensation System
Does the lawyer you are interviewing doing a lot of different types of law, or ONLY workers compensation? Are they recognized by a past client and other lawyers as a skilled and ethical lawyer? An experienced workers’ comp attorney in Orange County is known and respected for their knowledge and skills.
Making The Decision
Look for these qualities in a workers’ comp lawyer before retaining a workers’ compensation attorney. It can make a big difference in the outcome of your case and your life.
How A Orange County, CA Workers’ Compensation Lawyer Can Help You
If you’ve never sustained a work injury before, the prospect of going through the legal process can seem daunting — especially if you’re receiving medical care and struggling to figure out how to manage other daily responsibilities. However, not all work injuries require an Orange County, CA Workers’ Compensation lawyer, so it’s important to know what to consider to decide whether to hire an attorney.
Should You Consider Hiring an Orange County, CA Workers’ Compensation Lawyer?
- Your employer or insurance carrier denies the accident is work-related.
Minor work injuries are often denied by the employer or insurance company. If an injury goes untreated, it could become more serious, and even provide an excuse for denying the injury. Injuries that occur over time, such as exposure to toxic chemicals or repetitive activities, such as typing or lifting need to be documented by a physician as soon as possible.
A workers’ comp attorney in Orange County, California could help a worker secure the proof necessary to obtain the compensation an injured worker deserves.
- Your employer isn’t taking your injury seriously.
It is the employee’s job to report the accident or injury to the employer as soon as possible. Once the employer is notified, it is their responsibility to follow California law and report the injury to its workers’ compensation carrier.
If your employer refuses to report your injury to its workers’ compensation carrier, or the carrier hasn’t contacted you within a week after you reported the injury to your employer, consider contacting a workers’ comp attorney to take appropriate actions on your behalf.
- You anticipate permanent disability.
If you anticipate permanent disability, you may not be able to return to the work you were performing at the time of the injury. Your future income may be reduced due to the injury and you may be entitled to permanent disability compensation to address your reduced earning capacity. Insurance companies are more likely to fight and deny claims with permanent disability because they tend to cost insurance companies more money.
- The insurance company refuses to pay for doctor-recommended treatment.
Insurance companies often deny much-needed medical treatment – even when their own doctors recommend it! An experienced Orange County, CA workers’ compensation lawyer can help you get the treatment you need so you can get back to work.
- The insurance company denies your legitimate claim.
When your legitimate claim is denied by an insurance company, a workers’ comp attorney can assist in gathering the information and documentation your will need to have a workers compensation judge decide the issue.
- The insurance carrier makes an inadequate settlement offer.
If the settlement offer made by the insurance company makes you a settlement offer that doesn’t come close to considering your financial losses and permanent injury, you may want to consider securing legal representation. Most permanent disability claims are valued based on the rating provided by an examining doctor. If the insurance company disagrees with a treating doctor’s rating of your permanent injuries, you have a right to an independent physician evaluation arranged by the State of California. A workers’ comp lawyer can assist you in documenting the permanent injury compensation you are entitled to.
- You have a preexisting condition.
Insurance companies try to blame your current Permanent Disability on “preexisting conditions” – even if you recovered from prior injuries and conditions. A workers’ compensation attorney can help you fight the insurance companies’ attempt to get a “discount” on the permanent disability compensation you deserve.
- You intend to file for Social Security Disability Insurance ( SSDI ) benefits.
There is a potential interaction between SSDI benefits and workers’ compensation benefits. A workers’ comp attorney can help you navigate these issues, and potentially reduce offsets.
- You experience employer retaliation due to your work injury.
If the employer fires or demotes you, cuts your hours, or pressures you to return to work too soon, you may have additional claims against the employer.
- Someone else is responsible for your work injury.
In addition to having a workers compensation claim, “third-parties” (a person or company other than your employer) may also be responsible to compensate you for the injuries you sustained. A workers compensation attorney can assist you in securing workers’ compensation benefits and also recover your damages in a personal injury case against the third party that caused your injuries while you were working.
Searching for the top Orange County, CA Workers’ Compensation lawyer? Contact the law offices of Thomas Martin, PLC for a free consultation.
Tesla Ordered To Pay $137 Million To Former Worker
Owen Diaz, a former Tesla employee who worked as an elevator operator at the company’s Fremont factory for nine months from 2015 to 2016, was recently awarded a $137 million settlement as compensation for the racial abuse he experienced during his tenure.
He was called racial epithets by coworkers, told to “go back to Africa”, and saw racist graffiti in the bathrooms. The jury found that Tesla had not taken reasonable steps to prevent racial harassment in the workplace.
The company’s lawyers stated the factory employed approximately 10,000 workers, many of whom were contractors hired through external staffing agencies. And so, they argued, there was no evidence that Tesla employees were directly responsible for the racial harassment.
Diaz’s attorneys brought three claims against Tesla:
1. The company subjected him to a racially hostile environment.
2. The company failed to provide a harassment-free workplace.
3. Tesla was negligent in its supervision of employees.
The jury sided with the plaintiff on all claims and ordered Tesla to pay Diaz $6.9 million in compensatory damages and $130 million in punitive damages — far above what his attorneys requested.
The eight jurors deliberated for four hours before reaching a decision.
Though Tesla has a practice of mandatory arbitration, the company’s reliance on contractors opened the door for the lawsuit. Because Diaz was a contractor himself, he never signed the company’s arbitration agreement and became the first worker to file a lawsuit against Tesla that went to a jury trial.
Tesla’s “Vice President of People” Valeria Capers Workman said, “The Tesla of 2015 and 2016 (when Mr. Diaz worked in the Fremont factory) is not the same as the Tesla of today.” She added, “We acknowledge that we still have work to do to ensure that every employee feels that they can bring their whole self to work at Tesla.”
The company has not said whether it plans to appeal the verdict. Tesla is facing a similar lawsuit in California state court from Marcus Vaughn and others, who allege Tesla created a hostile workplace for Black workers.
California Injured Workers Are Just 0.4% Of Hospital Stays CWCI Finds
According to research from the California Workers’ Compensation Institute (CWCI), injured worker hospitalizations fell to 17.2% in 2020, down from 47.2% in 2010. Over the past decade, the number of inpatient discharges in California have declined steadily, except for Medi-Cal.
The report compiled data on nearly 39.2 million inpatient stays from 2010 through 2020. Since 2010, workers’ compensation hospitalizations have represented the smallest share of hospital stays, just 0.4%.
Factors contributing to the decline in workers’ comp hospitalizations include the adoption of cost-cutting programs requiring treatment of injured workers to meet certain criteria not found in other provider systems. Consequently, taxpayers end up paying for treatment that the workers’ compensation insurance companies refuse to cover.
Under Governor Newsom’s leadership, many injured workers were treated via telemedicine and didn’t experience significant delays in receiving treatment. Thankfully, the vast majority of COVID-19 claimants only needed limited treatment, contrary to the insurance industry’s original predictions that the losses would be catastrophic.
2020 wasn’t a banner year for PROFITS for workers’ compensation insurers and business owners. Insurers took in less premium but also paid fewer claims, according to the Insurance Journal.
The reductions in both the losses and premiums created an 86% combined ratio for workers’ comp calendar year 2020. This would be the third-lowest combined ratio in history and the seventh consecutive year of underwriting gains, according to National Council on Compensation Insurance (NCCI) director and actuary Vicky Mayen.
Meanwhile, as insurance company profits soar, many injured workers are struggling to get back to work due to delays in their medical treatment.
A very familiar story, unfortunately.
Three Charged In Workers’ Comp Insurance Fraud Costing More Than $5 Million
Three bay area men — Eric Andrew Oller, Brian Christopher Mitchell, and Yama Sekander — former owners of painting companies, were arraigned September 20th in an Oakland court on fraud charges filed by the Alameda County District Attorney’s Office and the California Department of Insurance (CDI).
Oller and Mitchell owned Walnut Creek-based Signature Painting and Construction Inc. and were each charged with one felony count of conspiracy to commit a crime, six counts each of felony insurance fraud, and two counts of workers’ compensation fraud.
The defendants used Valhalla Consulting and A-1 World Class Painting, businesses owned by Oller and Sekander, respectively, as a shell company to pay painting company employees from 2017-18. SPC misrepresented or omitted information about the company’s structure, misclassified employees, and underreported payroll costs to illegally reduce their workers’ compensation premium.
Alameda County District Attorney Nancy O’Malley said, “If a business creates an environment where they falsely pay a lower insurance premium, that company has an unfair competitive advantage over one that is law-abiding.”
Mitchell and Oliver are also charged with entering into agreements to move employees from one company to another to reduce workers’ compensation costs. Authorities have accused Mitchell of using Sekander’s A-1 company to obtain a workers’ compensation policy for SPC.
SPC owners paid some employees under the table and instructed injured employees to report they worked for a different company, which allowed SPC to avoid paying and reporting the full amount of taxes owed.
Their scheme defrauded insurance carriers of more than $5 million since 2015. State Compensation Insurance Fund (SCIF) lost premium payments totaling $3.1 million and AmTrust lost about $1.9 million.
SCIF submitted a fraud referral against SPC in 2019 and authorities began their investigation. Crimes date back to 2015, according to authorities.
Charges were filed in late August and all three men have pleaded not guilty to the charges. The next court date is November 18.
Hourly Wages For California Garment Workers
California Governor Gavin Newsom has signed Senate Bill 62, which requires garment industry employers to pay workers an hourly wage instead of piece-rate compensation.
The new law applies to employers with 26 or more employees and ensures workers earn a minimum wage of $14 per hour. About 85% of garment workers earn two to six cents per piece, which works out to only $5.15 per hour.
According to the bill, some retailers and manufacturers tried to avoid liability for stolen wages by “adding layers of contracting between themselves and the employees manufacturing the garments,” according to the bill.
In a statement, Newsom said, “California is holding corporations accountable and recognizing the dignity and humanity of our workers, who have helped build the fifth-largest economy in the world.” He continued, “These measures protect marginalized low-wage workers, many of whom are women of color and immigrants, ensuring they are paid what they are due and improving workplace conditions. We are committed to having their backs as we work to build a stronger, more inclusive economy.”
The bill will revise existing law to, “make clear that a person contracting to have garments made is liable for unpaid wages, damages, penalties, and other compensation owed to workers who manufacture those garments regardless of how many layers of contracting that person may use.” The bill doesn’t prohibit local municipalities from enacting their additional protections for garment workers.
Whenever laws that protect workers are enacted, corporations are quick to claim they will be forced to leave California (apparently to exploit workers elsewhere in States that do not have robust worker protections). So, it’s not surprising that American Apparel and Footwear Association said the bill would “drive garment manufacturing out of California” and reduce garment-making jobs available in the state.
Los Angeles is the center of garment manufacturing in the US, with about 2,000 manufacturers employing more than 40,000 workers. Many small factories often operate without proper registration or enforcement, which increases the risk of exploitation in the industry.
This bill is a big step in the right direction. After all, protecting California workers is the right thing to do.
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A Couple of Wins for Us Workers
While the pandemic has dominated the news this year, the war over workers’ rights to free speech and fair pay and benefits has raged on. Here are a couple of recent wins for us workers:
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California Supreme Court Rules on Premium Payments for Meal, Rest, and Recovery Break Violations
In Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court unanimously ruled that employers must pay premium payments to employees for missed meal, rest, and recovery breaks at the employee’s “regular rate of pay” instead of their base hourly rate, as many employers were doing. The regular rate of pay must include all non-discretionary incentive payments, such as bonuses and commissions. As a result of this decision, California employers should expect a wave of class action and Private Attorney General Act (PAGA) claims.
Jessica Ferra was a bartender for Loews and earned an hourly wage, in addition to quarterly non-discretionary payments. The employer-provided employees with payments for meal, rest, and recovery breaks at the base hourly wage. The case was ruled in favor of Loews by the trial court and appellate court but was reversed by the California Supreme Court.
California law requires daily overtime rates to be multiples of employees’ regular rates of pay. According to National Law Review, “The overtime rate for workers who are paid a guaranteed hourly rate and performance-based incentive bonuses or piecework earnings take those incentive payments to be part of their regular rates—making the overtime pay greater than their base hourly rate. An employee is thus entitled to one and one-half times his or her regular rate of pay for time worked in excess of 8 hours in one day and double his or her regular rate of pay for time worked more than 12 hours in one day.”
The reasoning behind the decision took into consideration research that shows long work hours are linked to increased rates of accident and injury. In addition, family life is negatively impacted when one or both parents are away from the home for an extended period of time on a daily basis. The court mentioned that the higher overtime rate will disincentivize employers from requiring overtime.
The decision was applied retroactively, despite the risk of potential lawsuits targeting employers for “millions” in liability. However, Loews did not provide any evidence that the retroactive application will expose employers to “millions” in liability.
In light of this ruling, California employers should update their premium pay systems, provide restitution payments, consider modifying or eliminating compensation programs, adopt waiver programs, and implement an attestation program that allows employees to confirm they received legally compliant opportunities to take meal, rest, and recovery breaks.
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Former San Diego Healthcare CEO Convicted of Fraud
Sam Sarkis Solakyan, 40, of Glendale, was convicted by a San Diego federal jury of orchestrating a scheme in which more than $250 million in claims for medical services were fraudulently submitted through the state workers’ compensation system.
According to the US Department of Justice, “Solakyan conspired with Steven Rigler, a Solana Beach-based chiropractor; Fermin Iglesias, the former CEO of MedEx Solutions, a patient-scheduling company; and others to perpetrate a scheme in which physicians were paid bribes and kickbacks in exchange for the referral of workers’ compensation patients.” Also known as a cross-referral scheme, the compensation offered to the corrupt doctors consisted of either cash or referrals of new patients.
The conspirators entered into various sham agreements, such as contracts for “marketing”, “administrative services”, and “scheduling”, to obscure the true nature of their financial relationships. In reality, the money paid by Solakyan amounted to volume-based, per- magnetic resonance imaging (MRI) scan bribes and kickbacks to induce physicians to refer and continue referring patients to Solakyan’s companies.
Solakyan’s recruiters — Fermin Iglesias and Carlos Arguello — earned more than $8.6 million for obtaining MRI referrals. These payments were concealed from patients and health insurance companies.
According to the US Department of Justice:
- Rigler pleaded guilty in November 2015 to one count of conspiracy to commit honest services mail fraud and was sentenced to six months in federal prison.
- Arguello pleaded guilty in August 2016 to conspiracy to commit honest services mail fraud and health care fraud and was sentenced in April 2019 to four years in federal prison.
- Iglesias pleaded guilty in December 2016 to conspiracy to commit honest services mail fraud and health care fraud and was sentenced in February 2019 to five years in federal prison.
An October 4 sentence hearing has been scheduled, at which time Solakyan will face a statutory maximum sentence of 240 years in federal prison.
Solakyan was the CEO of several medical-imaging companies, including San Diego MRI Instute and Glendale-based Vital Imaging Inc. He operated diagnostic imaging facilities throughout California, including San Diego, Los Angeles and Orange counties, and the Bay Area.
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What an Experienced Work Injury Lawyer Can Provide For You
If you have suffered a work-related injury and are planning to file a claim, it is important to hire an experienced California work injury lawyer to handle your claim. The guidance offered by the lawyer can not only make the claims process less stressful for you, but also help you get the compensation and benefits you are entitled to.
What can an experienced work injury lawyer provide for you to help you get the compensation you deserve? Let us take a look.
Legal Advice And Guidance
If you have never filed a work injury claim before, you might be wondering whether you are eligible to file one, how the claims process works, and what kind of benefits you are entitled to receive.
An experienced lawyer can answer all your questions, explain your rights as a worker, and tell you how much you can expect to receive in compensation. They will also tell you how the claims process works, how long it usually takes to settle a claim, and whether your case is likely to go to trial.
Handling The Paperwork
One of the biggest advantages of hiring an experienced California work injury lawyer is that they can take care of all the paperwork related to your claim. From gathering the required medical records to taking depositions of medical experts, the lawyer will take care of everything and allow you to focus on your recovery.
Dealing With The Insurance Company
The last thing you want to do when you are recovering from an injury or illness is to deal with a belligerent insurance adjuster who might try to delay or deny your claim for the flimsiest of reasons. With an experienced work injury lawyer by your side, you do not have to worry about handling the insurance adjuster, as the lawyer will do it on your behalf.
Moreover, insurance companies tend to be aggressive while dealing with injured workers who do not have proper legal representation, as they know that the claim can be easily settled for a fraction of what it is actually worth.
On the other hand, when you are represented by an experienced work injury attorney, the insurance company is likely to be reasonable in their approach, as they know that your attorney will not hesitate to let the case go to trial if needed. This is why injured workers who are represented by qualified attorneys tend to get more compensation and receive more benefits compared to those who represent themselves.
Looking For The Right Work Injury Attorney to Handle Your Claim? Look No Further!
Attorney Thomas F. Martin has been handling work injury claims for over 25 years and has a track record that few other attorneys can boast of. Having handled thousands of claims over the years, Mr. Martin knows how to deal with insurance companies and get the settlement you deserve.
No matter how complicated or contentious your work injury claim is, attorney Thomas F. Martin can handle it and fight aggressively to get the compensation and benefits you are entitled to.To obtain the best legal advice about your workers’ comp claim, you should speak to dedicated California work injury attorney Thomas F. Martin as soon as possible. Call us at 714-547-5025 or send us a message online to set up a free case evaluation.
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