Si ha resultado herido en el trabajo, es esencial comprender sus derechos y opciones. Un abogado de compensación laboral puede guiarlo a través del proceso y la buena noticia es que ¡la primera consulta es gratuita! Esto es lo que necesita saber.
¿Qué es una consulta gratuita?
La ley de California garantiza que los abogados de compensación laboral brinden consultas gratuitas. Esto significa que puede consultar con un abogado para discutir su caso sin ningún costo. Además, estos abogados trabajan con “honorarios de contingencia”, lo que significa que solo les pagan si usted recupera el dinero. Si no hay recuperación, no hay tarifa.
¿Por qué debería considerar una consulta gratuita?
Recopilar información sobre todas sus opciones legales es un paso inteligente porque cuando depende de personas que no son abogados o del tasador de seguros para “explicar” sus derechos, es posible que no obtenga la historia completa sobre lo que debería considerar. Después de todo, uno de los trabajos de un tasador de seguros es ahorrar dinero en su reclamo, no encontrar maneras de asegurarse de obtener todo lo que se merece.
Preparándose para la consulta
Antes de reunirse con el abogado, recopile información importante:
• Detalles del accidente o lesión
• Los nombres y números de teléfono de los médicos que ha visto
• Una lista de testigos
• Cualquier lesión previa en la misma parte del cuerpo.
• Correspondencia de su empleador y su compañía de seguros
• NO le diga a nadie que va a visitar a un abogado. Es su derecho obtener información de forma confidencial.
Qué esperar durante la consulta
Hablará sobre su caso, sus desafíos y conocerá al abogado. Aquí hay algunas preguntas que podría hacer:
• ¿Cuánto tiempo lleva siendo abogado?
• ¿Limita su práctica a manejar únicamente casos de compensación laboral?
• ¿Cómo maneja casos como el mío?
• ¿Cuál es su enfoque en los casos de compensación laboral?
• ¿Cuánto cobra usted?
• ¿Con qué frecuencia me informarán sobre mi caso?
• ¿Utiliza a personas que no son abogados para comparecer ante el tribunal en mi nombre o lo hace usted personalmente?
La decisión y los próximos pasos
Después de la consulta, si decide trabajar con el abogado, él lo guiará a través del proceso. Aprenderá lo que viene a continuación en términos de tratamiento y acciones legales. El abogado debe luchar por el tratamiento médico adecuado y los beneficios que usted merece.
Da el paso hacia tus derechos
Elegir un abogado especializado en lesiones laborales en el condado de Orange garantiza que obtendrá los beneficios a los que tiene derecho. Para explorar su caso con un abogado con más de 30 años de experiencia en el manejo de casos de compensación laboral, llame a Thomas F. Martin al 714-547-5025 o comuníquese en línea. Una consulta confidencial puede marcar la diferencia en su camino hacia la justicia.
By California law, EVERY medical treatment recommendation of your doctor must be on a one-page Request for Authorization (RFA) and forwarded to the proper place for consideration by the claims administrator. From there, the RFA will either be approved or sent to a Utilization Review company which will ether approve or deny the request. Let’s break this process down for easy understanding.
Asking Permission For Treatment
An RFA is like asking for permission to get specific medical treatment, for example, medication, physical therapy, and even surgery. Your doctor fills out the RFA and sends it to the insurance company for review.
The Insurance Company’s Decision
Once the insurance company gets the RFA, they will decide whether they feel the treatment is necessary. If the claims administrator (adjuster) approves the requested treatment, the doctor can proceed with the treatment. However, if the claims administrator does not approve the treatment, the adjuster MUST forward the request to a Utilization Review (UR) company who will arrange to have a physician review the RFA and decide whether to approve or deny the requests. UR might ask for more info from your doctor. If the treatment request is properly denied, the physician cannot ask for the treatment again for one year – but there are exceptions to this rule.
Connect with Thomas F. Martin, PLC
Remember, if you’re ever confused about RFAs or facing challenges in getting the treatment you need and your doctor believes is necessary, you’re not alone. It is frustrating to face a situation where a physician licensed by the State of California to treat patients can’t do so because a UR doctor – who hasn’t even examined you – has denied the requested treatment. For over 30 years, Thomas F. Martin, PLC has fought to obtain the treatment that his clients want and need to heal from their work injuries. Don’t hesitate to reach out for assistance or call 714-547-5025 for a free consultation.
If you’ve been hurt at work, understanding your rights and options is essential. A workers’ compensation attorney can guide you through the process, and the good news is, the first consultation is free! Here’s what you need to know.
What’s a Free Consultation, anyway?
California law ensures that workers’ compensation attorneys provide free consultations. This means you can consult with an attorney to discuss your case without any cost. Plus, these attorneys work on a “contingency fee basis,” which means they only get paid if you recover money. If there is no recovery, there is no fee.
Why Should You Consider A Free Consultation?
Gathering information about all of your legal options is a smart step because when you depend on non-lawyers or the insurance adjuster to “explain” your rights, you may not get the full story about what you should be considering. After all, one of the jobs of an insurance adjuster is to save money on your claim, not figure out ways to make sure you get everything you deserve.
Getting Ready for the Consultation
Before you meet with the attorney, gather some important information:
- Details of the accident or injury
- The names and phone numbers of the physicians you have seen
- A list of witnesses
- Any prior injuries to the same body part
- Correspondence from your employer and their insurance company
- DO NOT tell anyone you are visiting with an attorney. It is your right to obtain information confidentially.
What to Expect During the Consultation
You’ll talk about your case, and challenges, and get to know the attorney. Here are some questions you might ask:
- How long have you been a lawyer?
- Do you limit your practice to only handling workers’ compensation cases?
- How do you handle cases like mine?
- What’s your approach to workers’ compensation cases?
- How much do you charge?
- How often will you update me on my case?
- Do you use non-lawyers to appear in court for me, or do you personally appear?
The Decision and the Next Steps
After the consultation, if you decide to work with the attorney, they’ll guide you through the process. You’ll learn about what comes next in terms of treatment and legal action. The attorney should fight for the proper medical treatment and benefits you deserve.
Take the Step Toward Your Rights
Picking a skilled work injury lawyer in Orange County ensures you’re getting the benefits you’re entitled to. To explore your case with an attorney with over 30 years of experience handling workers’ compensation cases, call Thomas F. Martin at 714-547-5025 or reach out online. A confidential consultation can make all the difference in your journey toward justice.
Documenting your workers’ compensation case is not just about securing the benefits you are owed now; it’s also about securing your future. With an experienced workers’ compensation attorney by your side, you’ll be guided through the intricate process, ensuring you receive the benefits you deserve.
The California workers’ compensation system has jurisdiction to address physical, internal and psychological injuries sustained on the job either due to a specific injury or caused because of the nature of the work duties over time.
Immediate Medical Care
Employers are required to provide medical care for work injuries WITHIN ONE DAY. Reporting your injury or condition to your employer will trigger access to $10,000 worth of medical care while the claim is being investigated. It is essential to attend all medical appointments so your injuries and conditions can be fully documented.
When treatment is completed
California’s Workers’ Compensation system utilizes various grids and charts to determine medical treatment and compensation. In complex cases, an attorney familiar with the system may be helpful to you while you are recovering from your injuries and conditions.
Finding The Right Attorney
Your choice of an attorney can affect the outcome of your case. Consider:
- The years of experience
- Whether the attorney limits his or her practice to workers’ compensation.
- Whether the attorney actually appears in court, or uses non-attorney “hearing representatives”
For inquiries pertaining to your workers’ comp case, don’t hesitate to connect with Thomas F. Martin, PLC. With 30 years of experience handling workers’ compensation cases, and by limiting his practice to handling only workers’ compensation cases, you will be in good hands.
When it comes to ensuring safe working conditions for workers, the inception of the US Occupational Safety and Health Administration (OSHA) stands as a cornerstone. With the mission of setting standards, enforcing regulations, and offering education and support, OSHA is an essential agency that ensures worker’s well-being, and has prevented countless work injuries and deaths.
A Journey of Progress
Over the last 50 years, OSHA has not only reduced workplace injuries and fatalities but also fostered a culture of workplace safety that has affect the lives of millions. Collaborating closely with the Bureau of Labor Statistics (BLS), OSHA’s approach to implementing safety measures is grounded in the dynamic nature of workplace hazards. By incorporating the latest data on workplace injuries and fatalities, the agency tailors its safety recommendations that reflect the real-world challenges faced by workers across industries.
Measuring the Toll: Recovery Times and Fatal Causes
The impact of workplace injuries is not only measured in numbers of incidents, but also in the days that workers need to recover. The BLS highlights the varying recovery periods for different injuries, shedding light on the journey back to health on average ( outcomes vary depending on the individual of course):
- Multiple fractures and injuries: 48 days
- Fractures: 32 days
- Amputations: 31 days
- Carpal tunnel syndrome: 30 days
- Tendonitis: 14 days
- Strains, tears, and sprains: 11 days
- Multiple traumatic injuries: 9 days
- Soreness or pain: 8 days
- Multiple sprains with injuries: 7 days
- Contusions and bruises: 5 days
- Heat burns: 5 days
- Lacerations, punctures, and cuts: 4 days
- Chemical burns: 3 days
Facing Fatalities: A Glimpse into Workplace Risks
Workplace fatalities underscore the pressing need for continuous vigilance for safety at the workplace by OSHA. For example, in 2018, the leading causes of death in the workplace were:
- Transportation accidents: 2,080 fatalities
- Violence and other injuries caused by persons or animals: 828 fatalities
- Falls, slips, and trips: 792 fatalities
- Contact with objects and equipment: 786 fatalities
- Exposure to harmful chemicals or environments: 621 fatalities
- Fires and explosions: 115 fatalities
Occupations at the Crossroads
Certain occupations carry a higher than average risk, with fatalities per 100,000 as follows:
- Agriculture, forestry, fishing, and hunting: 23.4
- Transportation and warehousing: 14
- Construction: 9.5
- Wholesale trade: 5.3
- Professional and business services: 3.3
Addressing the Vulnerabilities: OSHA’s Insights
OSHA’s ongoing analysis pinpoints employer violations contributing to job-related injuries, illnesses, and fatalities as follows:
- Poor fall protection
- Poor hazard communication standards
- Poor respiratory protection
- Unsafe scaffolding
- Unsafe ladders
- Failure to control hazardous energy
- Poor fall protection training
- Poor eye and face protection
- Unsafe machinery
- Poor machine guarding
- Improper use of powered industrial trucks
Navigating the Road to Recovery
For those who are injured in the workplace, the workers’ compensation claims process can be challenging. Unfortunately, the more serious the injury, the more complex the claims processing usually is, including making certain the cause of the injuries is carefully investigated. Obtaining prompt and effective medical treatment, getting specialists authorized and assuring your disability benefits are paid as they should be sometimes require the assistance of an attorney who handles workers’ compensation claims.
When you decide an attorney is necessary
Choosing a competent work injury lawyer in Orange County can be critical in securing the benefits you are legitimately entitle to. With over 30 years of experience, connect with attorney Thomas F. Martin to have your potential claims reviewed free of charge. Mr. Martin can be reached at 714-547-5025.
When it comes to workers’ compensation and disability benefits, it’s important to know about different types of disabilities. One type is called permanent disability, which can have a big impact on a person’s life and job. Let’s learn more about permanent disability with the help of Thomas F. Martin, PLC, a law firm that knows a lot about this topic.
What is Permanent Disability?
Permanent disability means having an injury that causes a condition or problem that won’t get much better or go away completely. It’s a long-lasting issue that affects a person’s ability to work and do their job.
A Broad View of Permanent Disability
According to Thomas F. Martin, PLC, permanent disability can happen for many reasons, like accidents at work, diseases caused by work, or ongoing stress from work. It can include serious injuries, long-term illnesses, mental health problems, or a mix of physical and emotional limitations.
Understanding permanent disability means knowing it’s different from temporary disability. Temporary disability means that the injury can improve with time and medical help, so people can get back to full duty work later. But permanent disability means dealing with lasting limitations that might need ongoing medical care and changes to work life and duties.
How is Permanent Disability Assessed?
To figure out how serious a permanent disability is, both medical experts and legal professionals are often involved.
Medical evaluations: Doctors and medical experts carefully examine and study the permanent disability to understand how it affects the person ability to perform work duties. They look at medical records, test results, and check things like pain, movement problems, memory issues, and emotion barriers.
Legal analysis: Legal professionals, like Thomas F. Martin, PLC, use the medical reporting to understand how the injury affects the person’s work and life. They know the workers’ compensation laws and fight for the legitimate compensation for their clients. They consider things like how the disability affects future earnings capacity, if job retraining is needed, and other work-related matters.
Vocational expert evaluation: Sometimes, a special expert is needed to see if the injured worker can find a new job.
The Impact of Permanent Disability: The loss of ability to earn money
Living with permanent disability can bring both financial and emotional challenges for the person and their loved ones. Not being able to do their old job or follow their career dreams might mean less money and disability benefits which are designed to replace a portion of the losses.
The emotional effects can be tough too. People might feel sad, frustrated, and like their worth is less because of their disability. To cope with these feelings, they need support from loved ones, mental health resources. The bottom line is that legal help can also aid in recovering from the emotional impact of an injury.
In conclusion, permanent disability is a long-lasting condition that affects a person’s ability to work and do daily work tasks. It’s important for medical and legal experts to evaluate the multiple impacts of an injury, and they may be able to help the person get the right compensation and support. With the help of professionals like those at Thomas F. Martin, PLC, workers with permanent disabilities can more easily navigate the workers’ compensation system, get the benefits they deserve, and build a better future despite the challenges. By seeking help from professionals who know about workers’ compensation and disability law, individuals can secure the support they need to deal with their limitations, get their rights protected, and have the resources for their future.
When an employee gets injured at work or becomes sick due to work conditions, they may be entitled to workers’ compensation benefits. However, receiving these benefits requires meeting a specific legal standard of proof. In this blog, we’ll explore what the legal standard to prove a workers’ compensation case entails, helping you understand the key aspects in simpler terms.
What is the Legal Standard of Proof?
The legal standard of proof is like a rule that helps determine if someone’s claim meets the requirements of the law. In a workers’ compensation case, the injured employee needs to provide evidence that proves it is more likely that not their injury or illness is work-related. It’s not enough to just say an injury or condition was caused by work, they must prove it to the standard of the law in order to receive the workers compensation benefits they are entitled to.
Types of Legal Standards:
In workers’ compensation cases, the legal standard the court uses is known as “preponderance of the evidence.” This standard requires the employee to show that their injury or illness is more likely to have happened because of work, rather than some other reason. It doesn’t have to be 100% certain, but the evidence should show that it is more probable than not – over a 50% chance.
To meet the preponderance of the evidence standard, the injured employee and their attorney may need to collect various types of evidence, such as:
- Medical Records: Medical reports and records from doctors that explain the injury or illness and connect it to work activities.
- Witness Statements: Statements from co-workers, supervisors, or others who saw the incident or can verify the work-related conditions.
- Work History: Information about the employee’s job duties and how the injury relates to their work tasks.
- Expert Opinions: Sometimes, experts in specific fields may be needed to provide opinions on the work-relatedness of the injury or illness.
One essential element in workers’ compensation cases is “causation.” This means that the injury or illness was caused OR INFLUENCED by work-related activities and not by something unrelated to work. The evidence presented should clearly establish this connection.
The Burden of Proof:
In workers’ compensation cases, the burden of proof lies with the injured employee. It means they have the responsibility to gather and present the evidence needed to show that their injury or illness is work-related.
Proving a workers’ compensation case involves meeting the legal standard of “preponderance of the evidence.” This requires providing convincing proof that the injury or illness is more likely to have happened because of work activities. To achieve this, gathering and presenting relevant evidence, like medical records and witness statements, is essential. By understanding the legal standard and working with a qualified attorney, injured employees can increase their chances of receiving the benefits they rightfully deserve.
If you need help with a work injury claim in Orange County, choosing a skilled attorney like Thomas F. Martin is crucial to ensure you receive all the benefits you deserve. Call 714-547-5025 or contact us online to schedule a free and private consultation.
Workers’ compensation is like a safety net for employees who get hurt at work or become sick because of work conditions. Employers pay an annual insurance fee to an insurance company, and if something happens to an employee, the worker can get benefits like medical care and lost wages by filing a claim with the insurance company.
Who Can Get Workers’ Compensation?
If you got injured or got sick because of your job, you might qualify for workers’ compensation benefits. It doesn’t matter whose fault it is. In most cases, you can’t sue your employer for damages if you get workers’ comp benefits. Instead, the Workers’ Compensation Appeals Board (WCAB) deals with these benefits.
Who Needs Workers’ Compensation Insurance?
All employers in California with at least one employee must have workers’ comp insurance. They can get it from an insurance company or sometimes large employer insure themselves.
How to File a Claim?
Your employer should tell you how to file a workers’ comp claim with the workers’ compensation administrator. Make sure to follow the deadlines to protect your claims. You can fill out the employee section of the WORKERS’ COMPENSATION CLAIM FORM (DWC 1) and give it to your employer. They must fill out their part and give copies to their workers compensation claims company and you within one business day. You can also get help from a workers’ compensation attorney.
When Do You Need a Work Injury Lawyer?
If your injury is minor and you didn’t miss much work, you might not need a lawyer. But in some cases, a lawyer can help, like if your employer denies the claim, doesn’t give you treatment, or if you believe your injury will likely affect your work or life a lot. A lawyer can also help if you have questions about other benefits or if your employer mistreats you for filing a claim.
The Next Step
To make sure you get all the benefits you deserve, it’s best to talk to a workers’ comp lawyer. You can contact attorney Thomas F. Martin for a free and private consultation by calling 714-547-5025 or reaching out online. Learn more about workers’ compensation by clicking this link.
Attorneys who handle workers’ compensation cases work on a contingency basis, meaning they only receive payment after they have secured benefits for their clients. If there is no recovery there is no fee. The fee structure for California workers’ comp lawyers typically is 15% fee of the total permanent disability award (which is considerably lower than the 33% to 40% charged by personal injury lawyers in Superior Court cases). Once a workers’ compensation settlement is reached and awarded to the injured worker, the fee will also be awarded at that time.
During the initial consultation with an experienced work injury attorney in Orange County, clients will learn about the workers’ compensation system and the state-approved fee retainer is signed by the injured worker at that time. The consultation is free of charge. If the employer takes the client’s deposition, the employer’s claims administrator pays your lawyer for the preparation and deposition time, not you. Additionally, the claims administrator pays all medical expenses, including treatment, medical evaluations, diagnostic tests, reports, interpreter services, and other medically related services.
In addition to helping you secure benefits for your work injury, a skilled workers’ comp attorney can also provide valuable guidance and support throughout the entire process. For example, similar to a “tour guide”, they can help you understand your rights, answer any questions you may have, and provide legal representation along the way, including appearances at court. They can also work with medical professionals to gather the necessary evidence to support your claim and negotiate with insurance companies on your behalf. With an experienced and effective attorney by your side, you can feel confident that your interests are being protected and that you have the best chance of securing the benefits you deserve for your work injury.
It’s important to note that while the 15% fee structure is standard for most workers’ compensation cases, it can occasionally be more or less depending on the unique issues involved. That’s why it’s crucial to work with a knowledgeable work injury attorney who is familiar with the laws and regulations in your state and can explain the very rare exceptions to the usual 15% fee to you. For example, in a simple uncontested case, the fee may be less than 15%, whereas in a very complex case involving extensive litigation may be slightly more than 15%. All of this should be discussed ahead of time.
To ensure that clients receive all the benefits they are entitled to, it is crucial to choose a competent work injury lawyer in Orange County. Award-winning attorney Thomas F. Martin offers free and confidential consultations to discuss clients’ claims. To schedule a consultation, call 714-547-5025 or reach out online.
Accidents and injuries can happen in any workplace, but what happens when an employee in California gets injured due to their employer’s actions or negligence? In such cases, injured workers may have grounds to sue their employer for damages. Below are four scenarios where an injured worker in California can pursue a lawsuit against their employer.
- Willful physical assault by the employer
If an employer intentionally physically assaults an employee, causing injury, the injured worker may have the right to sue their employer for the damages incurred. Willful physical assault is a serious offense, and victims deserve justice and compensation for their suffering.
- Fraudulent concealment aggravated the injury
In some cases, an employer may intentionally conceal information or mislead an employee, aggravating their injuries. For example, if an employer fails to disclose safety hazards or provides incorrect safety instructions, resulting in severe harm to the employee, the injured worker may have grounds to sue for damages based on fraudulent concealment.
- The injury was caused by a defective product manufactured by the employer
If an employee’s injury is caused by a defective product manufactured by their employer, they can file a product liability lawsuit. Employers have a responsibility to provide safe and properly functioning equipment and products to their employees. In cases where an employer’s defective product causes harm to an employee, they can seek compensation by pursuing a lawsuit against their employer.
- The employer doesn’t have workers’ compensation insurance
In California, employers are legally required to carry workers’ compensation insurance to provide benefits to injured workers. However, if an employer does not have workers’ compensation insurance or fails to provide the necessary coverage, the injured worker may have the right to sue their employer for damages. This allows them to seek compensation for medical expenses, lost wages, and other related costs.
Generally, in California, workers’ compensation is a no-fault system designed to provide benefits to injured workers regardless of who is at fault for the injury. Workers’ compensation benefits typically cover medical expenses, disability benefits, and vocational rehabilitation.
Even if an injured worker decides to sue their employer, they can still pursue workers’ compensation benefits alongside their lawsuit. However, it’s important to consult with an experienced Orange County workers’ compensation lawyer to navigate the legal process effectively and ensure the injured worker receives all the benefits they are entitled to. Contact Thomas F. Martin, PLC today to schedule a consultation.