Can I Reopen a Workers’ Comp Claim?
After obtaining an Award from a workers compensation Judge which provides you with the percentage of permanent disability, and future medical care for the work injuries, you might assume (or led to believe) the case is closed for good. However, there are specific circumstances where you might need to reopen a claim and obtain further benefits. Each case is differently, but one thing is generally true: if you wish to re-open your case for new and further disability, you 1) MUST file the appropriate paperwork with the Workers Compensation Appeal Board (WCAB) WITHIN five years of the date of the injury, and 2) have evidence that you have NEW and FURTHER disability WITHIN the five years period. As with all laws, there may be exceptions to these rules, so check in with an experienced work injury if you believe exceptions may apply.
If your condition has worsened since your Award, or you believe you have evidence that could entitle you to further benefits, Thomas F. Martin, PLC can help. We offer a free and confidential case evaluation to discuss your potential rights to reopen your claim. Contact us today at (714) 547-5025 to schedule your consultation.Also read: Securing Your Rights: Reputable Workers Compensation Attorney Serving Irvine
Pre-Existing Injuries and Your Entitlement to Workers’ Compensation
Dealing with a workplace injury is challenging enough, but what if you have a pre-existing condition related to the injuries? Most people do. Many workers worry that their prior injuries or illnesses will prevent them from receiving workers’ compensation benefits if they get hurt on the job. However, the reality is that the California Supreme Court has held that workers’ compensation benefits are still owed to you if your work duties made you worse.
1. Understanding Pre-Existing Conditions
A pre-existing condition is any injury, illness, or medical condition that you had before your current workplace injury occurred that relates to your current work injury. This could include chronic issues like back pain, arthritis, or even a previous injury that has not fully healed. Employers and insurance companies often try to blame the preexisting conditions to avoid or discount what you are owed. Fighting off the insurance company’s tactics usually requires careful documentation both medically and legally.
2. Proving Work-Related Aggravation
To receive workers’ compensation benefits despite a pre-existing condition, you must demonstrate that your job duties influenced the course of the condition. This can be challenging, as it requires clear evidence linking your work activities to the worsening of your condition. Medical records, doctors’ opinions, and careful legal preparation can all play a decisive role in a successful outcome.
3. The Challenge You Face
Employers and their insurance companies have unlimited resources and an army of attorneys at their disposal to defeat your legitimate claim. They bring those resources to bear to deny your claim or offer a lower settlement than you deserve. Having an experienced workers’ compensation attorney who understands what needs to be done with a strong track record and makes the difference between receiving nothing or securing the award you legitimately deserve.
If you have a pre-existing condition and have been injured at work, don’t assume you’re ineligible for workers’ compensation. Thomas F. Martin, PLC offers a free and confidential case evaluation to discuss your situation and offer you feedback. Contact us today at (714) 547-5025 to schedule your consultation.
Also read: Your Guide to an Experienced Work Injury Lawyer Serving Irvine
Thomas F. Martin Named “Lawyer of the Year” in 2025 Edition of The Best Lawyers in America®
Thomas F. Martin, a workers’ compensation attorney in Orange County, California, is proud to announce that he has been named Workers’ Compensation “Lawyer of the Year” in the 2025 edition of The Best Lawyers in America®. This distinguished recognition highlights Mr. Martin’s dedication to his clients and reputation for exceptional legal skills in the field of workers’ compensation.
Only one attorney in each field of law in a designated metropolitan area is honored with the “Lawyer of the Year” title.
The Best Lawyers in America® is one of the most respected peer-reviewed publications in the legal industry. Recognition by Best Lawyers is based entirely on an exhaustive peer-review process that captures the consensus opinion of leading lawyers regarding the professional abilities of their colleagues.
This award is a testament to the respect and esteem that Mr. Martin has earned from his peers within the legal community for his relentless pursuit of justice for his clients over the last 30 years. He is well known for achieving successful results in complex and challenging work injury cases.
Mr. Martin is also routinely invited to speak to attorney groups about the latest ways to achieve justice for injured workers, and often meets with members of the State Legislature to discuss ways to improve the laws for those that are injured on the job.
Hurt at Work?
Workplace injuries can happen to anyone, at any time. Injuries can happen suddenly, or gradually over time. If you do suffer a work related injury or condition, you may be feeling overwhelmed and uncertain about what steps to take next. Can you get medical treatment? (Yes!) Can your employer fire you or punish you if you report the work injury or condition? (That would be against the law!) It’s crucial to understand your rights and the options available to you, so you can make informed decisions about your future.
1. Reporting the Injury Or Condition
Sometimes your injuries don’t give you’re a choice – you must take care of your health. Getting information about your options before you report the injury to your employer may be a good first step. If you have suffered an injury on a particular date, report it immediately, or you will jeopardize your rights. If the work-related injury is developing over time, consider getting legal advice as soon as possible so you can consider your options. California law has strict deadlines for reporting injuries, and missing those deadlines can result in the denial of your claim.
2. Seek Medical Attention
Even if your injury seems minor, it’s important to seek medical attention right away not only to secure the treatment you need, but also to document the injuries. Some injuries may not be immediately apparent, and delaying treatment can worsen your condition and complicate your workers’ compensation claim. Following the report of your work injury, your employer may have a designated healthcare provider for workplace injuries and should be providing all the care you need. If your employer or their physician ignores all or some of your work injuries, you may be able to select your own physician to do what needs to be done.
3. What Happens After You File a Workers’ Compensation Claim
After filing a workers’ compensation claim, your employer is required to provide immediate medical care and wage replacement benefits. You should cooperate with filling out specific forms and providing documentation of your injury. Keep in mind that the employer’s insurance company may request additional information or conduct an investigation before accepting your claim. It’s important to be thorough and truthful throughout this process to avoid any potential complications.
4. Know Your Rights
As an injured worker, you have rights that must be respected by your employer and their insurance company. For example, you have the right to receive medical treatment and wage replacement benefits if your injury prevents you from working. You also have the right to appeal a denied workers’ compensation claim and denied benefits. Unfortunately, some employers or insurance companies may try to minimize your injury or condition and try to pressure you into accepting less than you are entitled to. Knowing your rights can help you fight back.
5. Consider Legal Assistance
Navigating the workers’ compensation system can be complex and confusing, especially when you’re dealing with an injury. If you’re unsure about your rights, consider consulting with a workers’ compensation attorney. An experienced attorney can help you understand your options, negotiate with the insurance company on your behalf, and represent you in any legal proceedings. Having professional legal guidance can make a significant difference in the outcome of your case.
6. Explore Additional Compensation Avenues
In some cases, workers’ you may have additional claims outside of workers’ compensation. For example, if a third party (someone other than your employer) was responsible for your injury, you might have grounds for a personal injury lawsuit. Similarly, if your injury was caused by a defective product, there may be other avenues for compensation. An attorney can help you explore all your options to ensure you receive the full amount of compensation you deserve.
If you’ve been hurt at work and need guidance, Thomas F. Martin, PLC is here to help. We offer a free and confidential case evaluation to discuss your situation and explain your options. Call us today at (714) 547-5025 to schedule your consultation.
Also read: Discovering The Best Workers Compensation Attorneys For Residents Of Brea
Workers’ Comp FAQs
Navigating the workers’ compensation system can be confusing, especially when you’re dealing with the anxiety caused by a workplace injury. To help you better understand your potential rights and the process, we’ve compiled the following general information:
1. What Is Workers’ Compensation?
Workers’ compensation provides benefits to employees who are injured or become ill because of their job. These benefits typically pay for medical expenses, and temporary and permanent wage replacement benefits. Workers’ comp is designed to protect both employees and employers by ensuring that injured workers receive medical and financial help, and employers are protected from lawsuits.
2. Who Pays for Workers’ Compensation Benefits?
Employers, and their workers compensation carrier if they have one.
3. What Should I Do If I’m Injured at Work?
If you’re injured at work, the first step is to report the injury to your employer. Getting information about your options before you report the injury to your employer may be a good first step. If you have suffered an injury on a particular date, report it immediately, or you will jeopardize your rights. If the work-related injury is developing over time, get legal advice as soon as possible so you can consider your options. California law has strict deadlines for reporting injuries, and missing those deadlines can result in the denial of your claim.
4. Can I Choose My Own Doctor?
In many cases, your employer or their insurance company will have a list of approved healthcare providers that you must use for your initial treatment. However, after a certain period or under certain circumstances, you may have the right to choose your own doctor. It’s important to understand the laws that apply to your specific situation.
5. What Benefits Am I Entitled To?
Workers’ compensation benefits generally include coverage for medical expenses, temporary and permanent disability benefits. Temporary disability benefits replace a portion of your lost wages while you are recovering, whereas permanent disability benefits may be available if your injury results in a long-term impairment.
6. How Long Does It Take to Receive Benefits?
Once the injury or condition is reported to the employer, the benefits should be immediate. Typically, once you file a claim, the insurance company will investigate and make a decision within a few weeks. If your claim is approved, benefits should start immediately thereafter. However, if there are complications or if your claim is denied, it could take longer.
7. What If My Claim Is Denied?
If your workers’ compensation claim is denied, you have the right to challenge the decision. This process can involve a hearing before a workers’ compensation judge, where you can present evidence and argue your case. It’s often beneficial to have an experienced workers’ compensation attorney represent you during the appeal process to help improve your chances of a successful outcome.
8. Can I Be Fired for Filing a Workers’ Comp Claim?
It is illegal for an employer to retaliate against an employee for filing a workers’ compensation claim. This means you cannot be fired, demoted, or otherwise penalized for seeking the benefits you are entitled to. If you believe you’ve been retaliated against, you may have grounds for a separate legal claim against your employer.
9. Do I Need a Lawyer to File a Workers’ Comp Claim?
While you are not required to have a lawyer to file a workers’ comp claim, having legal representation can be beneficial, especially if your case is complex or if your claim has been denied. An experienced workers’ compensation attorney can help ensure that you receive the full benefits you deserve and can assist you through the entire process.Have more questions? Thomas F. Martin, PLC is here to help. We offer a free and confidential case evaluation to answer your questions and guide you through workers’ compensation considerations. Call us today at (714) 547-5025.
Also read: Finding the Best Workers’ Compensation Representation For Tustin Residents
Who Can Receive Workers’ Compensation Benefits?
Workers’ compensation is a critical safety net for ANY employees who are injured on the job, providing financial support and medical care while they recover. However, some workers are considered “independent contractors” and may not be entitled to benefits. Understanding your status, and what benefits you may be entitled to is essential if you find yourself in a difficult situation following a workplace injury or condition.
1. Employees vs. Independent Contractors
The first factor in determining eligibility for workers’ compensation is your legal status with the company that paid you. Generally, workers’ comp benefits are available to employees, but not to independent contractors but the relationship has to be determined on a case-by-case basis. Employees are individuals who work under the control and direction of an employer, while independent contractors typically control over when and how they complete their work. However, the line between these two classifications can be blurry, and some employers may misclassify employees as “independent contractors” to avoid paying insurance premiums and providing benefits. If you’re unsure about your classification, it’s important to seek legal advice to clarify your status and ensure you receive the benefits you’re entitled to.
2. Work-Related Injuries
In addition to being an employee, your injury or condition must be work-related. This means it must have occurred BECAUSE of your employment. Common examples include injuries from specific accidents, repetitive stress injuries, or illnesses caused by exposure to hazardous substances. Injuries sustained during your commute to and from work usually don’t qualify, but there are exceptions, such as if you were running an errand for your employer or attending a work-related event.
3. Reporting and Filing Requirements
Even if you meet the basic eligibility criteria, there are specific procedures you must follow to receive workers’ comp benefits. If you have suffered an injury on a particular date, report it immediately, or you will jeopardize your rights. If the work-related injury is developing over time, consider getting legal advice as soon as possible so you can consider your options. California law has strict deadlines for reporting injuries, and missing those deadlines can result in the denial of your claim.
This includes reporting your injury to your employer within a certain timeframe and filing a workers’ comp claim. California has deadlines and requirements, so it’s important to act. Failing to report your injury or file a claim on time could result in the denial of your benefits. If you are unsure about your options, get prompt legal advice.
4. Pre-existing Conditions
Workers’ compensation may also cover the aggravation of pre-existing conditions if the worsening (no matter how minor) is related to your job duties. For example, if you have a pre-existing back condition that is exacerbated by lifting heavy objects at work, you may still be eligible for workers’ comp benefits. However, these cases can be more complex, and the insurance company may challenge your claim, arguing that the injury is unrelated to your job. In such situations, consider getting legal advice from a qualified attorney.
5. Legal Help for Denied Claims
Even if you believe you meet all the eligibility criteria, your workers’ comp claim could still be denied. Common reasons for denial include disputes over whether the injury was work-related, missed deadlines, or insufficient evidence. If your claim is denied, you have the right to challenge the decision. This process can be daunting, especially when you’re already dealing with an injury. Seeking legal assistance from a workers’ compensation attorney can help you navigate the appeals process and increase your chances of securing the benefits you deserve.
If you’re unsure whether you qualify for workers’ compensation or if your claim has been denied, Thomas F. Martin, PLC can help. We offer a free and confidential case evaluation to discuss your situation and explore your options. Contact us today at (714) 547-5025 to schedule your consultation.Also read: Finding Your Advocate: Top Workers Compensation Lawyers in Yorba Linda
Discovering The Best Workers Compensation Attorneys For Residents Of Brea
When you’re injured at work, the journey to recovery can be fraught with physical, emotional, and financial challenges. Navigating the workers’ compensation system to secure your rightful benefits can add to your stress. Fortunately, Thomas F. Martin, PLC, is here to assist you. Tom, a dedicated and experienced attorney, he is committed to ensuring that injured workers in Brea receive the workers compensation they deserve.
Proven Experience in Workers’ Compensation
Understanding the complexities of workers’ compensation law requires experience and dedication. Tom brings both to every case he handles. With a deep knowledge of California’s workers’ compensation regulations, he can effectively advocate for your rights. Whether your case involves serious injury or a severe, life-altering condition, Tom’s experience ensures you receive the best possible representation.
Tailored Legal Strategies
Tom recognizes that every workers’ compensation case is unique. He takes the time to understand your specific situation and develops a strategy tailored to your needs. This personalized approach ensures that you receive the attention and care your case deserves. By focusing on your individual circumstances, Tom can build a strong presentation for your claim before the court.
Comprehensive Legal Assistance
From the initial consultation to the final resolution, Tom provides personal and comprehensive legal assistance. He navigates all stages your workers’ compensation claim, including gathering necessary documentation, filing paperwork, negotiating with insurance companies, and representing you in court if required. Tom’s goal is to simplify the process for you, allowing you to focus on your recovery.
Successfully Handling Denied Claims
A denied workers’ compensation claim can be a significant setback, but it doesn’t have to be the end of the road. Tom has extensive experience in handling denied claims and has successfully helped many clients secure the compensation they deserve. He will thoroughly review your case, identify the reasons for the denial, and work relentlessly to pursue your rights.
Client-Centered Representation
Tom’s commitment to his clients goes beyond legal representation. He understands the emotional and financial strain a work-related injury can place on you and your family. That’s why he prioritizes open communication, providing regular updates on your case and being readily available to answer your questions. This client-centered approach ensures that you are informed and confident throughout the process.
Free Case Evaluation
To help you take the first step towards securing your rights, Tom offers a free and confidential case evaluation. This no-obligation consultation allows you to discuss your situation with an experienced attorney, understand your legal options, and determine the best course of action. To schedule your free consultation, call (714) 547-5025 today.
With Thomas F. Martin, PLC, you have a dedicated and experienced advocate on your side. Tom’s experience, personalized approach, and relentless commitment to his clients make him the best choice for workers’ compensation representation for residents of Brea.
Finding Your Advocate: Top Workers Compensation Lawyers in Yorba Linda
Suffering a serious work-related injury can turn your life upside down, leaving you with physical pain and financial stress. Navigating the workers’ compensation process to secure your rightful benefits can be challenging. Fortunately, Thomas F. Martin, PLC, is here to help. Tom, a dedicated attorney with over 30 years of experience, is committed to being your advocate and ensuring you receive the compensation you deserve as a resident of Yorba Linda.
Experience That Delivers Results
Workers’ compensation law is intricate, with specific laws and regulations. Tom brings extensive experience to each case, providing clients with knowledgeable and effective representation. His deep understanding of California’s workers’ compensation laws allows him to handle a wide range of cases, from serious injuries to severe, life-altering conditions. This experience ensures that you receive the best possible outcome for your claim.
Personalized Attention to Every Case
Tom understands that no two workers’ compensation cases are alike. He takes the time to listen, understand your specific circumstances, and develop a strategy tailored to your needs and a successful outcome. This personalized approach ensures that you feel heard and supported throughout the legal process. Tom’s dedication to individualized attention sets him apart and helps build a strong presentation for your case to the insurance company y and the court if necessary.
Comprehensive Legal Support
From the initial consultation to the final resolution of your case, Tom provides comprehensive and aggressive legal representation. He assists with all aspects of your workers’ compensation claim, including gathering necessary documentation, filing paperwork, negotiating with insurance companies, and representing you in court if that becomes necessary. His goal is to handle the legal complexities so you can focus on your recovery.
Expertise in Handling Denied Claims
Facing a denied workers’ compensation claim can be devastating, but it’s not the end of the road. Tom has a proven track record of successfully resolving denied claims. He will carefully review the details of your case, identify the reasons for the denial, and work diligently to get the benefits you are entitled to. His experience in workers compensation has helped many clients receive the compensation they initially were denied.
Client-Centered Approach
Tom’s commitment to his clients extends beyond legal representation. He understands the emotional and financial strain a workplace injury can place on you and your family. That’s why he prioritizes open communication, providing regular updates on your case and being readily available to answer your questions. This client-centered approach ensures that you are informed and confident throughout the process.
Free Case Evaluation
Taking the first step towards securing your rights can be daunting, which is why Tom offers a and confidential case evaluation. This free consultation allows you to confidentially discuss your situation with an experienced attorney, understand your legal options, and determine the best course of action. To schedule your free consultation, call (714) 547-5025 today.
With Thomas F. Martin, PLC, you have a dedicated and experienced advocate on your side. Tom’s experience, personalized approach, and relentless commitment to his clients make him the top choice for workers’ compensation representation for residents of Yorba Linda.
Finding the Best Workers’ Compensation Representation For Tustin Residents
Dealing with a work-related injury can be a stressful and overwhelming experience. Navigating the complexities of workers’ compensation claims adds another layer of challenge. Fortunately, Thomas F. Martin, PLC, offers experienced legal representation to help you through a difficult time. Tom, an attorney with over 30 years of experience, is dedicated to ensuring that injured workers in Tustin receive the compensation they deserve.
Expertise and Experience You Can Trust
When it comes to workers’ compensation cases, experience matters. Tom brings a wealth of knowledge and a proven track record to every case he handles. His deep understanding of California’s workers’ compensation laws allows him to effectively advocate for his clients and secure favorable outcomes. Whether your case involves a straightforward claim or a complicated dispute, Tom has the experience to guide you through the process.
Personalized Legal Support
One of the key aspects of Tom’s practice is his personalized approach to legal representation. He understands that each case is unique and requires a tailored strategy. By taking the time to understand your specific situation, Tom can provide you with clear, customized advice and develop a plan that meets the challenges of your case. This level of individualized attention ensures that you feel supported and confident throughout the legal process.
Comprehensive Services for Injured Workers
From the moment you hire Thomas F. Martin, PLC, you can expect comprehensive legal support. Tom personally navigates every stage of your workers’ compensation claim, from filing the initial paperwork to negotiating with insurance companies and representing you in court if necessary. His goal is to make the process as smooth and stress-free as possible, allowing you to focus on your recovery.
Success in Appealing Denied Claims
If your workers’ compensation claim has been denied, it can be overwhelming. However, Tom has extensive experience in aggressively pursuing denied claims and has successfully helped many clients obtain the compensation they deserved. He will carefully review your case, identify any issues that led to the denial, and if he takes your case will work relentlessly to secure the rights you are entitled to.
Client-Focused Representation
Tom’s commitment to his clients goes beyond legal representation. He understands the emotional and financial toll that a work-related injury can take on you and your family. That’s why he prioritizes open personal communication, providing regular updates on your case and being available to answer your questions. This client-focused approach ensures that you feel informed and empowered throughout the process.
Free Case Evaluation
To help you take the first step, Tom offers a free case evaluation. This no-obligation consultation allows you to discuss your case with an experienced attorney, explore your legal options, and determine the best course of action. To schedule your free consultation, call (714) 547-5025 today.
With Thomas F. Martin, PLC, you have a dedicated and experienced advocate on your side. Tom’s experience, personalized approach, and commitment to his clients make him the best choice for workers’ compensation representation for residents of Tustin. He is well known in the Workers Compensation system for relentlessly pursing the right of his clients.
Your Guide to an Experienced Work Injury Lawyer Serving Irvine
Suffering an injury at work can be a challenging experience, leaving you with immediate physical, emotional, and financial burdens. Navigating the legal system to secure the compensation you deserve can add to your stress. Fortunately, Thomas F. Martin, PLC, is here to help. A dedicated attorney with over 30 years of experience, Tom is committed to guiding you through the process and ensuring your rights are protected.
Why Thomas F. Martin, PLC, Stands Out
When it comes to work injury cases, experience and dedication are key. Tom brings a wealth of experience to each case, having handled a wide variety of work injury claims over the years. His deep understanding of workers’ compensation law in California allows him to effectively advocate for his clients and secure the best possible outcomes in each case.
Personalized Legal Assistance
Tom understands that each work injury case is unique and requires a personalized approach. He takes the time to get to know his clients, understand their specific situations, and develop tailored legal strategies in each case. This individualized attention ensures that you receive the support and guidance you need throughout the legal process.
Comprehensive Legal Services
From the moment you contact Thomas F. Martin, PLC, you can expect comprehensive legal support. Tom will assist you with every aspect of your work injury claim, from gathering necessary documentation and filing paperwork to negotiating with insurance companies and representing you in court if needed. His goal is to make the process as seamless as possible, allowing you to focus on your recovery.
Experience in Denied Claims
If your work injury claim has been denied, don’t lose hope. Tom has decades of experience in handling denied claims and has successfully helped many clients overcome the insurance company denial of benefits. He will meticulously review your case, identify the reasons for the denial, and develop a strategy to appeal the decision and secure the compensation you deserve.
Client-Centered Approach
Tom’s commitment to his clients goes beyond just legal representation. He understands the emotional and financial toll that a work injury can take on you and your family. That’s why he prioritizes clear communication, providing regular updates on your case and being available to answer any questions you may have. His client-centered approach ensures that you feel supported and empowered every step of the way.
Free Case Evaluation
To help you get started, Tom offers a free case evaluation. This no-obligation confidential consultation gives you the opportunity to discuss your case with an experienced attorney, understand your legal options, and determine the best course of action. To schedule your free consultation, call (714) 547-5025 today.
With Thomas F. Martin, PLC, you can rest assured that you have a dedicated and experienced advocate on your side. Tom’s experience, personalized approach, and commitment to his clients make him an excellent choice for work injury representation for residents of Irvine. With decades of experience, he is well known to relentlessly pursue the compensation you deserve.