How long can I wait before I file a claim for my personal injury?

You really should seek help with your claim immediately.  But, depending on the state you’re in, most cases must be filed within four years of the accident.  If you’ve been denied your social security or disability benefits, your appeal must be filed soon after you receive your denial notification.  Call us for assistance and an assessment of your case.
 

I was in an accident without insurance.  Can you help me?

We would need to assess your case; in our assessment, we might decide that the vehicle you were driving was at fault, or perhaps the road conditions were hazardous.  We would also need to assess all of the claims against you as the alleged negligent driver.  Call us today for your free assessment.

A giant commercial truck/ semi hit me and I was injured/ my children were injured/ other people in my car were injured.  What can I do?

Large trucking companies have teams of lawyers at the ready to help them get out of paying you for the damage their driver caused you.  You need to call us to help you get what you deserve from the company for your injuries, pain and suffering, the damage to your vehicle, and for any other injuries of the people riding in your car with you. 

If I get hurt on the job,
what should I do?

You should immediately tell your supervisor or someone in your HR department, and then get help with your injuries.  It’s imperative that you file the accident with your work, or you may be denied any disability or worker’s compensation benefits for your injuries.  Then, file your worker’s compensation documents according to your company’s guidelines.   If you are turned down for your benefits, give us a call to get your case assessed.  We’ll help you get the compensation you deserve for your injuries on the job.

What kind of benefits will I receive?

The workers' compensation system provides replacement income, medical expenses, and sometimes, vocational rehabilitation benefits -- that is, on-the-job training, schooling, or job placement assistance. The benefits paid through workers' compensation, however, are almost always relatively modest.

If you become temporarily unable to work, you'll usually receive two-thirds of your average wage up to a fixed ceiling. But because these payments are tax-free, if you received decent wages prior to your injury, you'll fare reasonably well in most states. You will be eligible for these wage-loss replacement benefits as soon as you've lost a few days of work because of an injury or illness that is covered by workers' compensation.

If you become permanently unable to do the work you were doing prior to the injury, or unable to do any work at all, you may be eligible to receive long-term or lump-sum benefits. The amount of the payment will depend on the nature and extent of your injuries. If you anticipate a permanent work disability, contact your local workers' compensation office as soon as possible; these benefits are rather complex and may take a while to process.
 

What if my employer tells me not to file a workers' compensation claim or threatens to fire me if I do?

In most states, it is a violation of the workers' compensation laws to retaliate against an employee for filing a workers' compensation claim. If this happens, immediately report it to your local workers' compensation office or your attorney.

Do I really need a lawyer to represent me in a Workers' Compensation Case?

If you have a serious injury, you will need the advise of an attorney who is experienced with Workers' Compensation cases. Your employer and its insurance company will have their attorneys telling them how to save money on your injury. Why wouldn't you want an experienced attorney to represent you so you got as much as possible out of your case?

Future Medical Expenses:

Workers' compensation cases are concluded by Stipulation and Award, Compromise and Release, or by trial. If a Compromise and Release is entered into, the worker is selling his right to future medical treatment. A Stipulation and Award or trial may entitle the employee to future medical treatment for the industrial injury at the employer's workers' compensation carrier's expense. Any award following a Stipulation and Award or a trial may be reopened within five years of the date of injury to seek further benefits should your amount of disability increase.
 
Does the insurance company have to pay me right away? - SB899 Changes

No. The law allows them to delay payment up to 90 days, if they decide to investigate your claim. When you have been off work 14 days, the insurance company must either begin paying benefits, or send what is known as a "Delay Letter" indicating they are investigating the claim. A decision to accept or deny the claim must be made within 90 days, or the claim is admitted by law. Labor Code Section 5402. While your claim is delayed, you may be eligible for State Disability
 
What if I can't do my job anymore? - SB899 Changes

Employees injured prior to Jan. 1, 2004:  Once you are Permanent and Stationary, if the doctor decides you can no longer do your old job, you may be eligible for Vocational Rehabilitation (VR). Before you start VR, your employer has a chance to offer you modified duty that meets the restrictions placed by the doctor. If no duty is available, or the employer decides not to offer it, you go into VR. Vocational Rehabilitation is designed to get you back to work as quickly as possible, ideally into a job that pays within 15% of your old job. It may consist of job placement, schooling, or other employment options. Unfortunately, the VR benefit will end as of Jan. 1, 2009.
 
Employees injured on or after Jan. 1, 2004, who are permanently unable to do their usual job, and whose employer does not offer other work, may qualify for supplemental job displacement benefits (SJDB). This benefit is in the form of a voucher that will help pay for educational retraining or skill enhancement, or both, at state-approved or state-accredited schools.

The law (Labor Code section 4658.5) says that employees who do not return to work for their employer within 60 days of the end of temporary disability payments will receive a voucher. The amount of the voucher is based on the percentage of the injured worker's disability.

How can an attorney help me?

Attorneys help make sure you get all the benefits you are supposed to receive. They handle all contact with the insurance company, evaluate the disability reflected in the medical reports, can arrange medical evaluations and handle problems that may arise. An attorney will negotiate the best settlement possible (ideally), but it is then your decision whether to accept. If no informal settlement can be reached, the attorney will file for a hearing and represent you at the Workers' Compensation Appeals Board (WCAB).
 
How much does an attorney cost?
 
Nothing up front. Workers' Compensation attorneys work on a contingency fee basis, taking approximately 15% of your final settlement.