California Workers' Compensation Lawyers

Arash Law Ratings-March 2021

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    California Workers' Compensation Lawyers with Proven-Results for Over 3 Decades

    If you live in California, and have been injured in the workplace or on the job, you may be entitled to workers’ compensation insurance coverage. It is important to consult with an injury lawyer as soon as possible after an accident occurs. The sooner you have an experienced workers’ compensation lawyer fighting on your side, the better protected your legal rights will be.

    You don’t have to be overwhelmed by the claims process. You also don’t have to take legal advice from your employer – remember, their insurance premiums could go up if you file a claim, so their interests are not in line with your own. It is vital to get independent legal advice from your own workers’ compensation attorney.

    The experienced California workers’ compensation lawyers at Arash Law are here to help with all types of workplace injury cases. We are experienced in handling workers’ compensation cases. 

    California Workers Compensation Lawyers

    We can help you fight for temporary or permanent benefits, and we will also investigate any other potential legal claims you may have. Our aggressive injury lawyers know how to access all the different sources of compensation to which you could be legally entitled. With an experienced injury lawyer on your side, you will know that your legal rights are being protected during this difficult time.

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    WORKERS COMPENSATION SETTLEMENT

    The case was dropped by a large well-known law firm 4 months before trial, we came in and prepped for trial and were able to secure the maximum policy limits on the doorsteps of trial.

    What is Workers' Compensation?

    Workers’ compensation is an insurance system that ensures injured workers will be compensated when they are hurt on the job. Every state has its own system governed by state laws. The system in our state is established and governed by the California Labor Code. These statutes govern who is eligible for workers’ compensation, what compensation is owed, how long workers’ compensation benefits must be paid for, and what services are available to workers who are permanently disabled.

    What is a workers compensation

    California law also determines which employers must maintain workers’ compensation coverage. In some states, employers are only required to carry insurance if they have a certain number of employees or are engaged in a hazardous field of work. This is not the case in California.

    If an organization hires even one employee, it is legally required to carry workers’ compensation insurance. Doing this helps to ensure that these critical benefits are available to all California workers. Employers can qualify to “self insure,” meaning they have enough assets to pay injury claims without paying premiums for workers’ compensation insurance.

    This action requires state approval. The employer must have a net worth of at least $5 million and a net income of $500,000 per year. The employer must also post a security deposit. As you can imagine, many small businesses cannot meet these requirements. These small businesses can pool their resources in group self-insurance plans, which have become a popular alternative to traditional workers’ compensation insurance policies. Such plans are governed by the Office of Self-Insurance Plans which is part of the California Department of Industrial Relations.

    Who is Eligible For Workers Compensation?

    In order to qualify for workers’ compensation coverage, an employee must prove that his or her injury occurred while on the job. Doing this is easy if the injuries result from a single accident in the workplace while the employee was on the clock. But workers’ compensation claims are not always this straightforward. What if the employee was running an errand? 

    If the errand was at the direction of the employer, the worker is still eligible for workers’ compensation coverage, even if the accident did not occur on the employer’s premises. What if the employee clocked out but was still performing a task for the employer?

    This, too, is a situation that should result in workers’ compensation coverage. As you can imagine, workers’ compensation insurance companies sometimes fight claims that occur in these “gray areas.” Because of this, it is so essential to hire your own workers’ compensation attorney who knows how to prove that your employer is liable for your injuries.

    Workers’ compensation is also available when your injuries did not occur from a single accident. Sometimes, workers experience a “cumulative injury” from repeated actions in the workplace. A typical example is carpal tunnel syndrome. This condition does not occur in a single day.

    Instead, it is a condition that develops after months or years of repeated stress on your wrists. If you can prove that this stress occurred in the workplace (for example, by working at a computer for forty hours per week), then the injury should be covered by workers’ compensation insurance. Many cumulative injuries involve workers who were exposed to toxic substances in the workplace. Miners can develop black lung disease after years in the mines.

    Many workers have developed mesothelioma and other cancers after years of exposure to asbestos in the workplace. These chronic conditions are expensive, and victims have the legal right to be compensated for their losses. But it is critical that you have an experienced lawyer who can prove that your workers’ compensation claim should be covered.

    What Does Workers Compensation Pay For?

    Many injured workers are surprised to learn that workers’ compensation does not cover the full amount of their lost wages. Wage rates are set by state rules that can change every year. In general, workers’ compensation will reimburse you for two-thirds (66.7 percent) of the wages you made before the injury. But this is limited by minimum and maximum amounts that change every year.

    In 2020, the minimum is $194.91 per week, while the maximum is $1299.43 per week. Workers’ compensation does cover the full amount of all medical bills that are related to your workplace injury. However: the insurance company can contest these charges. They might claim that you got too much treatment, or that your treatment was not related to your workplace injuries, or that the costs are excessively high. 

    It is crucial to have your own workers’ compensation attorney who can fight back against these claims and ensure that you get the compensation you deserve for the medical treatment you need. Workers’ compensation does not pay for all of your lost wages. It also does not offer any compensation for your pain and suffering. For this reason, it is essential to have an experienced workplace injury lawyer review your case for any other potential claims you may have.

    If, for example, you were injured in the workplace because your safety equipment malfunctioned, you might have a product liability claim against the manufacturer. In a product liability claim, the victim is entitled to compensation for all of their lost wages, pain and suffering, and all medical bills and expenses related to the injury. This is why it is so important to be sure that you are not missing out on any other injury claims you have in addition to your workers’ compensation claim.

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    Call our office at (888) 488-1391 to speak directly to
    OUR CALIFORNIA WORKERS' COMPENSATION LAWYERS.

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    How Long Can I Receive Workers Compensation Benefits?

    California laws and rules also determine how long a person can receive workers’ compensation benefits. For most injuries, you will be capped at 105 weeks within a five year period. However, this does not mean you are guaranteed benefits for that long. Your benefits continue for as long as your medical condition requires. If your doctors determine that you are able to return to work sooner, then your benefits will stop. If you are still getting treatment after 105 weeks, your workers’ compensation lawyer might have to gather medical evidence to prove that your injuries are permanent.

    Workers’ compensation benefits for permanent injuries are based on a standard of “maximum medical improvement” (MMI). MMI is not the same as being healed from your injuries. It means that further medical treatment is unlikely to improve your condition. 

    At this point, your doctor will conduct a disability rating to determine whether you are able to work with your permanent limitations (and, if so, what restrictions you will face). If you are permanently unable to return to any type of work, your injuries will be declared a permanent total injury.

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    If you are able to return to some work with limitations (such as limited hours or no heavy lifting), you are permanently partially disabled. State law provides different forms of compensation for permanent total disabilities and permanent partial disabilities.

    It is essential to understand that you could reach MMI before hitting 105 weeks of workers’ compensation benefits. Your doctor does not have to wait to rate your disabilities. When the disability rating occurs, the insurance company might not accept your doctor’s opinion. They have the right to pay for an independent medical examination (IME) performed by a qualified medical provider.

    At the IME, the insurance company’s doctor will evaluate your injuries to determine the disability rating. If the IME doctor’s disability rating is different from your own doctor’s, your attorney will have to challenge the insurance company’s doctor’s opinion. If the insurance company still refuses to accept your doctor’s disability rating, you might have to appeal your case through the administrative appeals process in the state workers’ compensation program. The issue may even go to court. Your injury lawyer will advise you on the best way to get all the compensation you deserve for permanent workplace injuries.

    Experienced, Aggressive California Injury Lawyers For Workers' Compensation Cases

    It is vital to protect your legal rights after any workplace injury. You should never take legal advice from someone who is not on your side – even if that happens to be your employer. The experienced injury lawyers at Arash Law have decades of experience handling many different types of workers’ compensation claims.

    Is Hiring a Personal Injury Lawyer Worth The Money

    We have collected over 200 million dollars for clients across the state. We serve clients in San Francisco, Riverside, San Jose, San Diego, Sacramento, Sherman Oaks, and throughout California. Call (888) 488-1391 or contact us online to schedule your free consultation. We fight hard to protect your legal right to compensation so you can focus on recovering from your injuries as soon as possible.

    California's Powerhouse Accident Attorneys

    WITH

    A Proven Track-Record

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    Roberto Dominguez - Trial Attorney at Arash Law Injury Lawyers in CaliforniaTina Eshghieh - Trial Attorney at Arash Law Injury Lawyers in CaliforniaBrian Beecher - Senior Trial Attorney at Arash Law Injury Lawyers in CaliforniaJudd Allen - Senior Trial Attorney at Arash Law Injury Lawyers in CaliforniaBenny Khorsandi - Trial Attorney at Arash Law Injury Lawyers in CaliforniaDanny Ledezma - Trial Attorney at Arash Law Injury Lawyers in CaliforniaArash Khorsandi - Partner at Arash Law Injury Lawyers in CaliforniaDavid J. Ebenhack -  Esq. Trial Attorney at Arash Law Injury Lawyers in CaliforniaSophie Etimadi, Esq. -  Attorney at Arash Law Injury Lawyers in CaliforniaJames Caress, Esq. -  Attorney at Arash Law Injury Lawyers in CaliforniaJonathan Rafaelof, Esq. -  Attorney at Arash Law Injury Lawyers in CaliforniaJordan Gaytan, Esq. -  Attorney at Arash Law Injury Lawyers in CaliforniaGreg Mohrman, Esq. -  Attorney at Arash Law Injury Lawyers in California

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