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
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.
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.
Securing Your Rights: Reputable Workers Compensation Attorney Serving Irvine
When you’re injured at work, dealing with the aftermath can be daunting. The maze of workers’ compensation laws, paperwork, and insurance company delay can add to your stress. Fortunately, Thomas F. Martin, PLC, is here to help. Known for his dedication and experience, Tom is committed to securing the rights of workers in Irvine.
Experience That Matters
Workers’ compensation law can be complex. Tom brings 30 plus years of experience to the table, ensuring that every client receives knowledgeable and effective representation. He has handled a wide range of work injuries, from serious to life-altering conditions. This breadth of experience allows him to navigate even the most complicated cases.
Advocating for Your Rights
Tom is dedicated to protecting the rights of injured workers. He understands that every case is unique and requires a tailored approach. By thoroughly investigating and documenting each case, he presents a compelling case for fair compensation. His commitment to clients means he will fight relentlessly to secure the benefits you deserve, including medical expenses, lost wages, and disability payments.
Personalized Legal Guidance
What sets Thomas F. Martin, PLC, apart is Tom’s personalized approach to legal representation. He takes the time to understand your specific situation, answering your questions and providing clear, straightforward advice. This client-focused philosophy ensures that you are informed and empowered throughout the legal process. Whether it’s explaining complex legal concepts or helping you gather necessary documentation, he is there for you every step of the way.
Comprehensive Support Services
Dealing with a workplace injury can be overwhelming, and the last thing you need is to navigate the legal system on your own. Tom offers comprehensive support services to ease your burden. He handles everything from filing initial claims to representing you in court, if necessary. His goal is to make the process as efficient as possible, allowing you to focus on your recovery.
Success with Denied Claims
If your workers’ compensation claim has been denied, it’s not the end of the road. Tom has a decades long track record of representing seriously injured workers when their case is denied. He will spend the time it takes to understand why your case is denied, and if he takes your case, pursue the benefits you may be entitled to.
Free Case Evaluation
To make the first step easier, Tom offers a free case evaluation. This no-obligation consultation allows you to privately discuss your case with an experienced attorney and explore your legal options. To schedule your free consultation, call (714) 547-5025 today.
Reopening A Workers’ Comp Claim: An Overview
This article will only provide a brief overview of reopening a California workers compensation case and does not offer any legal advice on a specific case. Here are some general considerations when you are faced with a work injury that is getting worse over time. The specific facts of each case must be evaluated individually. Here are some things to look out for:
- The Worker Compensation Judge has already signed an Award with a specific level of Permanent Disability.
Make certain you know If a workers compensation Judge has signed an Award of a Permanent Disability. The “Stipulation with Request for Award” is the agreements between the injured worker and the employer / claims administrator on various disputes including the date of injury, parts of body injured, the length of temporary disability, future medical needs, the percentage of disability, and various other agreements.
- You only have WITHIN 5 YEARS from the date of the injury to reopen your case for new and further disability.
If your injuries have gotten worse in any way between the Judges Award of permanent disability and BEFORE the 5-year anniversary of the date of injury, you may be eligible for an award of additional permanent disability. The laws are very strict, and failure to file the correct Petition with the Workers Compensation Appeals Board BEFORE the 5-year anniversary of your date of injury will bar your right to additional permanent disability no matter how much worse your injury or its consequences become.
- You must have evidence of your worsened injury BEFORE the 5-year anniversary of your date of injury.
There are VERY strict requirements for the type of evidence ( usually doctor reports ) that will be necessary to prove your worsened injury BEFORE the 5-year anniversary of your date of injury.
Navigating the legal process for reopening a claim can be very intimidating. This is ONLY AN OVERVIEW of the complex area of law and is not a comprehensive discussion of all the considerations and possible exceptions. There are strict timelines and procedural steps that must be followed. With over 30 years of experience, Mr. Martin has extensive experience in handling Petitions to Reopen for New and Further Disability cases. This is a complex area of workers compensation law.
At Thomas F. Martin, PLC, we understand the challenges you face when considering reopening a workers’ comp claim, and if you’re in Santa Ana or anywhere in Orange County and are contemplating reopening a workers’ comp claim, reach out to us before the statute of limitations runs out to reopen your case. Our team is here to help you understand your options and fight for the benefits you deserve.
With over 30 years of experience, we offer a free consultation to discuss your situation and how we can assist you in protecting your rights. Call us at (714) 547-5025.
Don’t wait until it’s too late.
Understanding Scheduled vs. Unscheduled Injuries in Workers’ Comp
In the realm of workers’ compensation, injuries are often categorized into two types: scheduled and unscheduled. This distinction plays a significant role in how benefits are calculated and awarded. At Thomas F. Martin, PLC, serving Santa Ana and all of Orange County, CA, we’re committed to helping our clients understand these concepts and how they apply to their cases we are handling.
Scheduled injuries are those that appear on a predetermined list set by workers’ comp laws, typically including injuries to specific body parts like arms, legs, eyes, and ears. The compensation for these injuries is calculated based on a generic Permanent Disability Rating Schedule (PDRS) that estimates the amount and duration of benefits based on the type and severity of the injury.
On the other hand, unscheduled injuries are not listed, or fully considered, in the generic PDRS. These often involve the back, neck, or body systems, and calculating compensation for these injuries can be more complex. It requires a detailed assessment of how the injury affects the individual’s ability to work and earn a living in a way that is not considered in the generic PDRS.
Mr. Martin has over 30 years of experience navigating the nuances of both scheduled and unscheduled injuries. We understand that each person and injury is unique, and the impact of an injury often extends beyond what the generic scheduled rating describes. We work closely with our clients to ensure their cases are thoroughly evaluated, considering all the ways in which their injuries have impacted their ability to work and their activities of daily living.
In some cases, determining the right category and calculating the appropriate compensation involves a deep understanding of workers’ comp laws and extensive experience. Mr. Martin can guide you through this process, advocating for your rights and pursuing the fair compensation you deserve.If you or someone you know is dealing with a work-related injury in Santa Ana or anywhere in Orange County, we’re here to help. We are happy to further explain the complexities, so you can focus on your recovery and getting your life back on track.
With over 30 years of experience, we offer a free consultation to discuss your situation and how we can assist you in protecting your rights. Call us at (714) 547-5025 to ensure you receive the support and protection you deserve.