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San Luis Obispo, California Workers' Compensation Lawyers
Have you been injured on the job in California? Workers’ compensation should help cover your medical costs and lost wages. However, the system has become increasingly complex so we are here to help answer any questions you may have such as: How does workers’ compensation work in California? When should you hire a lawyer? How do workers’ compensation lawyers get paid?
Here is what you need to know about workers’ compensation in California.
How Does Workers' Compensation Work in San Luis Obispo, California?
When a worker gets injured on the job in California, they have two immediate responsibilities: get necessary medical care and notify their supervisor or manager about the accident.
Even if your injuries seem minor, you should get prompt medical attention, whether that is from a primary care provider, hospital, chiropractor, or any other medical facility. You will need documentation that you sought care for your injuries to prove that you were really injured.
When you tell your manager about the accident (as soon as possible after it happens), they need to report your injury or illness to the state’s Workers’ Compensation Board (WCB) as well as the company’s workers’ compensation insurance carrier. Then, you are required by law to file a Form C-3 (Employee’s Claim for Compensation) with the Board within two years.
San Luis Obispo, California Workers’ Comp Benefits
Here are some of the benefits you may be entitled to if you were injured on the job in California:
- Medical benefits - Your employer must pay for necessary and reasonable care, including hospital care, emergency room visits, diagnostic testing, doctor visits, medical equipment, medications, physical therapy, and rehabilitation.
- Weekly cash disability benefits - If you are unable to work, you may receive weekly benefits equaling two-thirds of your average weekly wage, including bonuses, overtime, and second jobs.
- Schedule Loss of Use (SLU) - If you lose a limb, lose your hearing or vision, or suffer a facial disfigurement, you may be entitled to an additional cash award, even if you do not lose time from work.
- Lump sum Section 32 settlements - In some cases, you and the workers’ compensation insurance company may decide that a lump sum buyout of your claim is in both of your best interests.
- Death benefits - Family members of a worker who is killed on the job or dies from complications of a job injury can collect benefits based on the average weekly wage.
When Should I Hire a San Luis Obispo, California Workers' Comp Lawyer?
If you have been hurt on the job, you need to know your legal rights and responsibilities, as well as those of other involved parties (such as your boss and their insurance carrier). You need to know your options, and a California workers’ comp lawyer can help walk you through the entire process.
In short, you should hire a workers’ compensation lawyer after any injury you receive at work. Contact James McKiernan Injury Lawyers today for a free consultation.
How Do Workers’ Compensation Lawyers Get Paid?
Workers’ comp lawyers work on a contingency fee basis, meaning our fees and other case-related expenses will only be due if we win your case. The amount of the fee you will pay after a successful judgment or monetary settlement is usually 10-15% of the award. When you request a consultation with a workers’ compensation lawyer, there is no fee and no obligation to hire that lawyer to help you win your case.
Can I Appeal a Decision of the California Workers’ Compensation Board?
Yes. Either side may ask for a review of the decision within 30 days of the filing by applying in writing for Board review. A panel of three Board Members will review the case and affirm, modify, or rescind the decision. They may also restore the case to the calendar for further development of the record.
Contact a California Workers’ Comp Lawyer Now
If you were injured on the job or are struggling with the workers’ compensation system in California, contact the experts at James McKiernan Injury Lawyers. We will help you get the benefits you need to recover from your injury. Click here or call (805) 222-7654
for a free consultation today.
Over $300,000,000 WON for Clients!
Recent Case Victories
$1.35 Million Dirt Bike Accident
Riding a dirt bike at a friend’s home on acreage, suffered life-threatening injuries when low hanging cable hit the rider in the neck. James McKiernan Law subbed in as new attorneys, found coverage, and settled for policy limits in 4 weeks.
$1.3 Million Car Accident
James McKiernan Lawyers settled our case for the policy limits of $1,000,000 against the driver and got another $300,000 from the passenger’s insurance company for a total settlement of $1,300,000.
$1.3 Million Off Road Vehicle Accident
Riding in the back seat of an off-road vehicle when the driver drove off a forest service road into a canyon resulting in severe injuries. Structured annuity resulting in tax-free payments to the client.