Sacramento Work Injury Lawyer

Sacramento Work Injury Attorney

Every workplace in California has its dangers. Whatever your unique situation may be, if you were injured while driving a company vehicle, slipped and fell while walking into the office, or sustained serious harm at a construction site, you may be entitled to pursue a claim for workers’ compensation for your injuries. When these circumstances arise, it is essential to have a lawyer on your side who can guide you through this process.

A workplace injury can be a frightening experience and bring about feelings of stress and uncertainty over what the next steps might be and what your future holds. During this time, it is important to speak with a Sacramento work injury lawyer who understands the unique laws that affect situations like these. You deserve the protection and advocacy of a trusted and experienced workers’ compensation lawyer, who can hold the responsible party accountable for your injuries.

Common Causes for Workplace Accidents in Sacramento

One of the keyelements of workplace accidents is negligence. During a work injury case, your attorney can work to determine who the at-fault party is in your accident and, thus, who can be held liable for the damages you sustained. This will be highly dependent on the type of accident you suffer. Typically, the most common causes of workplace accidents include the following:

• Lifting: Employees may be more prone to strains or sprains if a part of their job requires them to do heavy lifting, such as workers in a warehouse setting. While these injuries are typically not life-threatening or fatal, they can lead to chronic pain conditions and open the possibility for lifelong disability.
• Slip and Falls, or Trips: Ripped or torn carpet, slick surfaces, or busted-up stairs can all lead to individuals slipping, tripping, or falling and becoming injured. These injuries can range from minor cuts and bruises to serious broken bones or back and neck injuries that can leave permanent damage.
• Violence in the Workplace: The unfortunate reality is that violence has become a common occurrence in the workplace. Employers should do everything they can to enact proactive measures to avoid conflict, resolve any situation that does arise, and reduce violence. An employer should also educate their workers on these safety precautions and know what to do in a crisis situation, such as an active shooter scenario.
• Contact With Hazardous Material: Handling hazardous materials or the incorrect storage of these materials can lead to potentially life-threatening or disabling workplace injuries. Unfortunately, many employees are not given the necessary personal protective equipment. This can leave them vulnerable to harm and damage when handling these hazardous materials.
• Repetitive Stress: Tasks such as typing, bending, or assembling and manufacturing products can cause workers to make repetitive motions. These can lead to conditions such as carpal tunnel and arthritis, among other injuries.

There can be plenty of other reasons for accidents in the workplace, many of which are due to simple negligence on the part of another party. Fortunately, The Ward Firm has the knowledge and resources to review your case and make an educated determination on the identity of any at-fault parties in your case.

The Ward Firm: Fighting for You

Workplace injuries can leave the victim shaken, uncertain, and facing the medical bills and other costs that come with these damages. If you decide to pursue legal compensation for these damages, an attorney can be integral to the success of your claim. The team at The Ward Firm is experienced with this type of litigation, and we can use our knowledge of these cases to benefit yours. We treat all our clients with the compassion they deserve.

With The Ward Firm supporting you, you can walk into your workers’ compensation claim case with the confidence of knowing that your rights are being protected and advocated for. We understand that these situations can appear intimidating to those who have not experienced them before. Our firm can offer the support you need to face these circumstances head-on. Whatever your case may include, you don’t have to fight it alone.

How a Sacramento Work Injury Lawyer Can Help You

It is highly likely that your employer, or the party that is determined to be at fault for your injuries has the necessary legal resources to meet your workers’ compensation claim with resistance. These attorneys will do everything they can to fight against you and your claim to reduce it or get it dismissed completely. Hiring a work injury lawyer might not be mandatory when filing a claim, but it can prove essential to the successful outcome of your case.

The experienced workers’ compensation team from The Ward Firm can use their skills and knowledge to take the following actions on your behalf:

• Find a Caring Physician: Being proactive during your compensation claim, and contacting an attorney right away, can help you find a competent physician you can trust. The Ward Firm can help you determine which doctor is the correct choice to care for you and your injuries and which one can fulfill the examination requirements for a workers’ compensation claim.
• Handle the Entire Claims Process on Your Behalf: Many workers’ compensation claims have strict deadlines that can be easy to miss if you don’t have an attorney handling this process for you. Missing a deadline could completely ruin your chances of receiving the compensation you deserve. The Ward Firm can ensure that all deadlines are met and that every part of the claims process is handled correctly.
• Negotiate Your Settlement: You hold the power to negotiate your settlement, even if you have been told you don’t. If the insurance companies are not providing enough compensation to cover your damages related to the accident, The Ward Firm can work toward negotiating a higher settlement amount.
• Bring Your Case Before Trial: Potentially, the most important aspect of retaining a work injury lawyer is that this individual can represent you, should your workers’ compensation claim move to trial. This might be the right course of action if your employer’s insurance company is working to deny your claim or if the negligence of a third party caused your injury. In cases of third-party negligence, a lawyer is essential.
• Maximize Your Chances for Damage Recovery: Ultimately, the Sacramento work injury lawyer from The Ward Firm can work to obtain the maximum amount of damages available to you. At The Ward Firm, we have what it takes to handle successful negotiations. We can also take your case to court, if necessary, and fight aggressively to uphold your rights and pursue the compensation you need.

Common Work Injury Cases We Handle in Sacramento

There are multiple injuries that can be suffered at a workplace or job site. Sometimes, it can be difficult to determine whether the injury is worth going after a claim for workers’ compensation. The Ward Firm can review your case and help you make this determination. Oftentimes, the biggest factor that goes into making this decision is the type of injury you have sustained. Common injuries that might occur at work can include:

• Injuries Related to Machinery: Many worksites have employees operating heavy machinery. In some instances, forklifts, cranes, or other types of machinery do not have the proper guards in place, so individuals can get hit by moving components, have body parts caught in the machine itself, or suffer lacerations. Those operating these machines should also be provided with protective clothing, hearing protection, and eye protection.
• Slips, Trips, and Falls: As some of the most common workplace injuries, falls can result in injuries to the back, head, neck, and spine. You might break a bone, damage your spine, or suffer sprains, cuts, and pulled muscles. Loose rugs, slick or wet surfaces, inadequate lighting, clutter or other debris, weather conditions, and uneven surfaces can lead to these injuries. Roof or scaffolding falls can be common and often result in devastating injuries.
• Explosions and Fires: When hazardous materials, like gas or other flammable items, are not properly handled and stored, they can cause fires or explosions, which lead to potentially fatal injuries. Workers who handle these materials should be provided with the necessary personal protective equipment. If this accident results in serious injury, a Sacramento work injury lawyer should be contacted immediately.
• Injuries Related to Work Vehicles: Some of the most common injuries suffered at the workplace involve vehicles. Employees can be struck by moving vehicles. They might also fall from the vehicle or be hit by items falling off the vehicle. When these situations occur, it is prudent to contact a work injury lawyer as soon as possible.
• Accidents During Welding: Welding can be an essential task on many Sacramento job sites, but it is also extremely dangerous. An employee might suffer burns, electric shock, breathing issues from exposure to certain chemicals or fumes, radiation from the intense heat, eye injuries, or explosion injuries.
• Trenching Accidents: Trenching and excavating can be necessary for certain jobs. Employers should have strict protective regulations in place for these job sites, and employees should have access to safety ladders or ramps.
• Accidents in the Warehouse: The active environment of most warehouses can become quite dangerous if safety precautions are not established or adhered to. Warehouses often involve heavy machinery operating in tight spaces and the storage of volatile substances.
• Back Injuries: These injuries might be caused by falling, slipping, repetitive lifting, or even sitting or standing in one place for too long. Common types of back injuries seen in the workplace can include herniated discs, spinal cord injuries, nerve compression, back strains or sprains, and paraplegia.
• Construction Site Injuries: Construction sites are necessary across the country, but they can also be dangerous environments for those performing the work. Injuries might involve scaffolding, cranes, or forklifts. Traumatic injuries can take place, leading to lacerations, broken bones, spinal cord injuries, and traumatic brain injuries.
• Suffering a Permanent Disability: In some cases, the injuries you sustain at a workplace or job site can leave you permanently disabled. You might be eligible for permanent disability benefits if you suffer from cancer, traumatic brain injuries, spinal cord injuries, loss of limbs or joints, burns, respiratory diseases, or blindness due to a workplace incident.

Exploring Your Worker’s Rights Following an Injury

The reality is that many individuals are unaware of their rights following an injury sustained in the workplace. They may not file a claim, or file one incorrectly, thus losing their chances for compensation. If you have been injured at work, you have several rights that can be used if you decide to pursue a claim for compensation. These include:

• You can file a workers’ compensation claim for your injury with the responsible insurance company.
• You can seek medical treatment for your injuries.
• Being represented by a Sacramento work injury lawyer is your legal right.
• You can return to your employment if your physician has given you their permission via a release to return.
• If you are unable to return to work, for either the short or long term, you can file for disability compensation.
• You can file a claim against any involved third parties in addition to filing a workers’ compensation claim if that third party injured you through any negligence or wrongdoing.
• No matter your immigration status, you can legally file a workers’ compensation claim.

Employer Notification Requirements

When filing your workers’ compensation claim, you do not need to provide proof that your employer was at fault for your injuries. However, you do have the responsibility to report your work-related illness or injury to your employer in a timely manner. This can assist you in receiving the benefits you are due while avoiding any delays or problems. In California, you have 30 days to notify your employer.

When you report your work-related injury or illness, your employer should provide you with a workers’ compensation form for you to fill out. Upon turning this form in, you have met the necessary reporting requirements. Failing to notify your employer within 30 days could cause you to lose out on your chances for compensation.

Work Injury Cases Involving Third Parties

In addition to a workers’ compensation claim, depending on the circumstances of your injury or illness, you may also be able to bring a third-party liability claim against any party, other than your employer, who may have acted with negligence or wrongdoing in your case. Some third-party examples can include:

• General contractors or subcontractors
• Property owners or managers
• Employees of other companies
• Any producers or manufacturers of defective products

Damages in Third-Party Work Injury Cases

Similar to any other personal injury cases, in a third-party work injury case, the injured worker, or their legal representation, must prove negligence on behalf of the defendant and that this negligence caused their injuries. In these instances, damages are usually paid by the defendant’s insurance company. These damages are unique to each case, but they can often include the following:

• Medical bills, expenses, and any future costs from medical treatment, diagnoses, or rehabilitation
• Loss of wages or employment
• Any loss of future earning capacity
• Property damage
• Injuries of a permanent nature
• Scarring, disfigurement, or disability
• Loss of enjoyment of life
• Loss of consortium
• Pain and suffering
• Emotional distress
• Mental anguish

If you have been injured on the job, especially if a third party is involved, it is crucial to the success of your claim to consult an attorney. They can review your claim and determine the correct course of action to take for negotiating a settlement and recovering the compensation you need.

Receiving Your Final Settlement for Work Injuries and a Permanent Disability Rating

Knowing your permanent disability rating can be helpful, as it will determine the amount of permanent disability benefits that you can receive. This rating is an estimate of how much your disability affects your ability to work or the type of work that you can successfully perform. These ratings are often based on several factors, which include:

• The date of your injury
• Your age at the time of the injury
• Your occupation or the work you were performing at the time of your injury
• The medical condition you suffer from as described in an official medical report
• The extent to which your job caused the injury you suffered

If you are concerned or have questions regarding your permanent disability status, the knowledgeable work injury team at The Ward Firm can help you. We can provide the guidance and support you need to understand your rights.

The Timeframe for Filing Your California Workers’ Compensation Case

In California, you have precisely one year from the date of your injury to file your claim for workers’ compensation. This time limit is known as a statute of limitations. If your injury or illness is not immediately obvious, this one-year limit begins when you discover the illness or injury. If your claim is not filed within this strict timeframe, you can lose out on your chances of recovering the damages you have suffered.

This is why it can be so important that you consult a Sacramento work injury lawyer. They can review your case, determine the options available to you, and begin the complicated claims process. The Ward Firm can ensure that all deadlines are met so that you can focus on what is most important: your rest and recovery.

How to File a Workers’ Compensation Claim in Sacramento

California abides by very strict and specific rules for filing workers’ compensation claims. If you are injured at your place of work, there are certain procedures and separate court systems through which your claim will be processed. To improve the chances of success with your case, you will want to follow the following steps when filing your claim:

• You must report your workplace injury to your employer within 30 days of suffering it.
• Pursue necessary medical treatment from a physician who has been approved by your employer’s insurance network.
• Complete a DWC-1 Claim form, which should be provided to you by your employer. In this form, it is important to detail the nature of your accident and injury.
• Turn in this completed form to your employer, who should send it to their workers’ compensation insurance carrier.
• You should hear back with a decision. If your claim has been denied or you disagree with the nature of the decision, you have the right to file an appeal.

At The Ward Firm, we understand that this process can be overwhelming and confusing, especially when you are trying to recover from an injury. Our team can support you during this time. We can use our knowledge of the workers’ compensation claims system to give you the greatest chance of succeeding with your claim.

Benefits of Filing a Claim for Workers’ Compensation in Sacramento

Plenty of hardships can arise following a workplace or job site injury. This is a time when you should be focusing on your healing and recovery. Instead, you are most likely feeling stressed over the physical and financial strain that this injury has caused. Your injury might call for surgery, you might find that you cannot perform the same type of work you used to, or your quality of life might be substantially lowered. This is where workers’ compensation comes in.

Workers’ compensation can help cover the costs incurred by medical bills and any ongoing treatment. It can also pay for any rehabilitation you need to help your body recover. It can cover lost wages so that you can take the time you need off work to rest and recover. If you need medications, workers’ compensation can pay for this as well. In some cases, it may even cover the expenses incurred when traveling for necessary treatment or surgery.

What to Do If Your Workers’ Compensation Claim Is Disputed by Your Employer

You might find yourself wondering if your employer will deny your claim for workers’ compensation. The answer is yes, your employer does have the ability to deny your claim. Even if someone witnessed your injury and accident, they can still deny your claim. However, if you are injured at the workplace and your employer either denies or disputes your claim for workers’ compensation, it is essential that you remember your rights.

One of these is the right to establish your injury and accident as fact and that your claim should be accepted due to the workers’ compensation laws of California. If you have been injured at work and your employer is either denying or disputing your claim, it’s time to contact The Ward Firm. Our work injury lawyer can take the case and hold your employer responsible.

What to Do If Your Workers’ Compensation Is Denied in California

Unfortunately, the reality is that many workers’ compensation claims are often denied. Denials can either be issued by your employer or by their insurance company. If this situation arises in your case, there are certain steps that you can take, which can prove essential for preserving your claim.

First, it is highly critical that you continue following through on your workers’ compensation claim, as it can still provide the greatest opportunity for you to obtain the benefits and treatments that you need and deserve. Second, make sure to keep a written report of exactly what your injury included. Also, note in the report that you should be covered by the California workers’ compensation law. Finally, if you haven’t done so already, it is time to reach out to an attorney who can work diligently to achieve a settlement for your case.

The Timeframe for a California Workers’ Compensation Claim

Many injured workers wonder what the timeline for a workers’ compensation claim will be. This timeframe can often vary widely from case to case. However, there is a set process that your claim must take, which can help you understand this timeframe a bit better. In California, filing a claim for workers’ compensation typically involves the following:

• Notifying Your Employer: When you get injured on the job, it is crucial to report it right away. You have 30 days to notify your employer, but it is ideal to report it as soon as it happens.
• Filing Your Claim: Once your injury has been reported to your employer, they must provide you with a claim form to file. You must complete this form and turn it in upon completion.
• Insurance Acceptance or Denial: Once this form has been turned in, your employer must submit the form to their workers’ compensation insurance carrier. The insurance company can then accept or deny the claim. If they accept it, you can begin to receive benefits.
• Medical Treatment: For any work-related injuries, you have the right to receive medical treatment. However, your employer and their insurance company can assign a doctor for you.
• Temporary Disability Benefits Payment: If the injury you have sustained also keeps you from doing your job, you may qualify for further temporary disability benefits. If your claim is accepted, you will begin to receive these benefits.
• Claim Resolution or Further Action: If your claim is accepted and resolved, you will begin to receive the benefits that are due to you. Unfortunately, claims are often denied. When this happens, an attorney can help you file an appeal.

FAQs

Q: Is There a Cap on the Amount of Workers’ Compensation Benefits I Can Receive in California?

A: Yes. In California, there is a cap on the amount of workers’ compensation benefits that one individual can receive. This cap is based on the disability rating you are given by a doctor, whom the California workers’ compensation law provides for you. The percentage of the cap on the damages you can receive is based on the disability rating that you are given by the medical professional in charge of your case.

Q: What Fees Do Workers’ Comp Lawyers Charge in CA?

A: In California, it can be difficult to assign an exact estimate of how much a workers’ compensation lawyer will charge to represent you and your claim. This is because there are typically several factors involved when costs are being totaled. These factors can include:

• The complexity of your case
• What stage your claim is currently in when the attorney takes your case
• The lawyer’s experience with these cases
• The amount of resources and work that are involved in resolving your claim

Q: What Does Workers’ Compensation Pay for in California?

A: Typically, workers’ compensation benefits include coverage for medical expenses and some of your lost income after you are injured on the job. It will only cover the costs that you directly incurred relating to your injury. Benefits may also be available for those who need job retraining if they cannot return to the same field of work that they had before their injury.

Q: Can You Be Fired for Filing a Workers’ Compensation Claim in California?

A: No. In California, you cannot be fired for filing a claim for workers’ compensation. This is considered an illegal act of retaliation. However, your employer can terminate your employment if your injuries cause you to be unable to perform your job. You can then file to receive compensation for these lost wages because your injury directly results in you being unable to continue your employment.

Contact a Trusted Sacramento Work Injury Attorney Today

At The Ward Firm, we make your case our top priority. From the beginning stages of your claim to its hopefully successful resolution, we are here to stand by you through every step of the process and guide you through the complex legal proceedings that surround it. At The Ward Firm, you aren’t just another client; you are a human being with rights, which need to be protected and advocated for while you rest and recover from your injuries. Let us do just that.

You deserve compassionate and caring counsel and representation during this challenging time. An employer’s workers’ compensation insurance carrier can be difficult to deal with in these claims. At The Ward Firm, we have the necessary experience to negotiate a settlement with these carriers and fight aggressively for your rights. Contact our offices today to schedule a consultation.