Sacramento Workers’ Compensation Attorney
Any legal issue can be scary without the right training or proper guidance. However, when it comes to workplace injuries or illnesses, the situation gets even worse since on-the-job injuries can impact your livelihood and your ability to provide for your family.
If you're not sure what to do next or where to turn for help, you're not alone. Workers’ compensation claims can be complicated and confusing, and it's easy to get overwhelmed by the process. At The Law Office of Roy C. Levin, we’re committed to helping our clients get the benefits they deserve with as little hassle and stress as possible.
Your employer’s insurance company has an army of lawyers on their side to protect their interests. Who’s in your corner? If you or someone you know is considering a Sacramento workers’ compensation claim, contact our office for a free consultation.
Helping Injured Workers In Sacramento For Over 20 Years
If you’re looking for a workers’ compensation lawyer, it pays to do your homework. You need to find someone with experience who understands this complex area of law. But you also want an attorney who cares about their clients and makes them feel at ease. In the greater Sacramento area, Roy C. Levin is a name you can trust.
- Over 20 years of experience in Workers’ Compensation Litigation
- Focusing on representing Injured Workers (and no one else)
- Offering dedicated representation and a personal commitment to help every client get the most out of their claim.
- A strong history of success in achieving outstanding results
- Free consultations and a comprehensive case analysis
Do You Need A Workers’ Compensation Attorney?
After suffering a workplace injury, one of the first decisions you have to make is whether or not to hire a workers’ compensation attorney. Granted, it’s not required to have an attorney represent you during your workers’ compensation claim, but it can certainly make the process much easier.
Here are some of the reasons you may want to consider hiring an attorney:
- History has shown that victims who hire an attorney typically have better outcomes and resolve their cases faster than those who don't.
- Workers’ compensation is a complex area of law. Years of experience and extensive knowledge makes navigating the process much easier.
- Most employers will say and do whatever they can to minimize their losses. Even victims with legitimate claims often settle for less than they deserve - simply because they don’t know the rules.
Bottom line: Partnering with a workers’ compensation lawyer achieves better results in a shorter amount of time. Coupled with the fact that initial consultations are free, it only makes sense to talk to someone and see what your options are.
Sacramento Workers’ Compensation Insurance Benefits
Understanding exactly what you’re entitled to under a workers’ compensation claim can be confusing. Here’s an outline of the benefits that are available and when they apply.
Payments to help you cure or relieve the effects of a workplace injury or illness. Compensation may include medical costs, surgical fees, nursing care expenses, medications and - in some cases - physical or occupational therapy (up to 24 visits).
Temporary Disability Benefits
Payments to cover lost wages if your injury prevents you from working. If you can work in a limited capacity, temporary benefits may cover any difference in your salary. This would apply if you were given alternate work assignments paying less than your pre-injury income.
Temporary Disability Payments are designed to replace up to ⅔ of your lost wages during recovery.
Permanent Disability Benefits
These payments follow roughly the same rules of temporary benefits EXCEPT payments continue for the rest of the victim’s life. Used in cases where the worker’s injuries cause lifelong damages.
Supplemental Job Displacement Benefits
Vouchers for additional education/training to supplement an injured worker’s skill set. If a person cannot return to work after temporary disability ends - and their employer does not provide alternate work assignments - up to $10,000 in funds are available.
If an injury is fatal, workers’ compensation covers burial expenses up to $5000. Additionally, surviving family members may be eligible for temporary disability payments depending on the details of the case.
How Long Do You Have To File A Workers’ Compensation Claim In Sacramento?
This is a frequently asked question and one that confuses many accident victims. Knowing which forms to use (and when) is crucial in preserving your claim. Missed deadlines can mean huge out-of-pocket expenses that may have been otherwise covered. Some basic guidelines to follow include:
Notify Your Employer As Soon As Possible
Immediately telling your employer about your workplace injury is the most important step of all. Whether you’ve had a single on-the-job accident - or a work-related injury that's developed over time - you must notify your employer within 30 days of your accident.
*Failing to meet the 30-day deadline may result in possible reduction or forfeiture of your benefits.
You will be required to complete a DWC - 1 form and submit to your employer. Completing the form is the first step in ensuring your claim is documented correctly and will be taken seriously.
Upon receiving the form, your employer will have at least 5 days to file a claim on your behalf. Afterward, you should be notified within 14 days that your application is being reviewed by the employer’s insurance company.
This is an excellent time to consider hiring a workers’ compensation attorney to assist with your claim. An experienced workers’ compensation lawyer can help protect your rights in the event there are any complications.
Workers’ Compensation Statute of Limitations
In most cases, you only have one year from the date of your accident to file a claim. This is where victims often stumble as they are unaware of the specific rules and regulations regarding time limits.
If you are already receiving benefits, you may file an appeal with the workers’ compensation appeals board up to 5 years after the injury occurs. This rule comes into play if the circumstances of your disability have changed.
If your injuries are due to the fault of a third party (outside of your employer), you may be able to file a personal injury claim for up to two years after the date of the injury.
That is unless the third-party is a public entity - in which case you would only have six months after the accident to file your claim.
An example might be getting into an accident while driving a company vehicle. If the accident happens in the course of your daily work assignments, but the other driver is found to be at fault, you may be able to file suit against that person (or their employer).
As you can see, the claims process can get complicated. With so much at stake for victims and their families, this is one area of law that you should not take lightly. If you find yourself in this type of situation, you should contact a qualified Sacramento workers’ compensation attorney to assist with your claim.
Workers’ Comp FAQ
The topic of workers’ compensation benefits comes up frequently - yet very few people understand how it all works. These are some of the most common questions our clients have.
What types of injuries qualify for workers’ compensation benefits?
Actually, any type of injury or illness that happens in the workplace may qualify. Of course, this all depends on the details of the accident (including how and when it happened). In some situations, reviewers may determine that the accident is partly work-related and partly not.
Even if you’re not sure the accident is completely related to your job, you should still file a claim. If any part of the accident can be attributed to your job you may still be eligible for compensation.
Am I eligible for benefits if the injuries were caused by an accident that was my fault?
The short answer is YES. This is part of the trade-off of having Workers’ Compensation Insurance in the first place. You agree to not sue your employer for your injuries, and they agree to provide benefits no matter who is at fault for the accident (including yourself).
Am I eligible for benefits if I was injured somewhere other than the office?
Maybe. While workers’ compensation normally applies only to your workplace, there are some exceptions. For example, if you are injured while traveling for a work assignment you’re likely still eligible for compensation.
When in doubt, seek the counsel of a qualified workers’ compensation lawyer.
When should I file a workers’ compensation claim if I'm injured on the job?
IMMEDIATELY. The sooner you file your claim the better. Waiting too long to file can result in a decrease (or loss) of benefits that may have otherwise covered the costs of your accident.
How can I find out what workers’ compensation insurance provider my employer uses?
In most cases, you can find this information on the Workers’ Compensation Insurance Rating Bureau (WCIRB) website.
Can I be fired for filing a workers’ compensation claim?
Absolutely not. A California employer cannot fire you for initiating a claim or being injured on the job. If they do, you likely have solid grounds to file a wrongful termination or discrimination lawsuit.
How much are workers’ compensation temporary disability Payments in California?
It varies. The amount of your payments is based on your average weekly earnings (AWW) at the time of the accident. The state uses a sliding scale formula that equals roughly ⅔ of your pre-accident AWW.
On the low end, victims receive (at minimum) about $160 per week. For higher income earners, payments cap out at $290 per week. More details are available by visiting the California Department of Industrial Relations workers’ compensation page.
What is the difference between SDI (State Disability Insurance) and workers’ compensation benefits?
The main difference is that workers’ compensation is paid for ON-THE-JOB or work-related injuries while SDI is not. State Disability insurance focuses on injuries or illnesses that happen OUTSIDE of the workplace, but still impact the person’s ability to earn an income.
In most situations, victims are covered under one but NOT both programs. But, there are some circumstances in which the two would overlap. If in doubt, you should consider filing for both.
For the best results, consider partnering with an experienced Sacramento workers’ compensation attorney to assist with your claim.
Are workers’ compensation benefits taxable?
In most cases, the answer is NO.
There are times where a portion of your benefits may be taxable - such as if you are receiving Social Security Disability Benefits (SSDI) and workers’ compensation at the same time. However, even when taxes are involved they are only on a certain part of your income and usually for a relatively small amount.
How much does a workers’ compensation attorney cost?
Probably less than you think. Injured workers often hesitate to speak with an attorney for fear of the costs involved. Yet this need not be the case.
Most attorneys work on what is known as a “contingency” basis. This means that clients pay nothing up front and any associated costs or fees are taken out of their final settlement.
More importantly, if you don’t win your case there’s no charge at all.
If you do win, attorney fees are in the neighborhood of around 15 percent of the total award given. Knowing this information, there’s really no reason not to consult with an attorney regarding your case.
Besides, initial consultations are free and you’re under no obligation unless you choose to move forward.
You Don’t Have to Go It Alone
If you need help with your workers’ compensation claim, contact the law office of Roy C. Levin today at (916)-447-6636. We’ve been representing injured workers in California for over 20 years and know how to build a successful case.
There’s no charge to speak with us and we’ll gladly answer any questions you may have about your claim. Don’t let your employer or the insurance companies boss you around. Get the help you need and the results you deserve.
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Disclaimer: This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a lawyer/client relationship.