What are the types of cases I should take to a workers comp attorney in California?
1. Specific Injury Claims: These are claims that happen on a single day, such as falling off a ladder, being hit or hurt by something in the workplace, slipping or
lifting something heavy, etc.
2. Cumulative Trauma Claims: These claim occur over time, such as a grocery checker develops carpal tunnel syndrome, or even stress claims that occur over time, and are not the result of a single incident.
3. Death Claims: You are a partial or total dependent of a worker who was killed on the job.
What types of injuries can be claimed with the help of your Riverside County attorney?
1. Physical Injury Claim: You sustain an injury, such as breaking a bone, amputation of a limb, loss of vision, suffer back, neck or knee pain, or a repetitive injury such as carpal tunnel syndrome.
2. Stress Claim: You must file a stress claim while you are still employed with your company for at least 6 months full time, and 51% of your stress must come from work, not personal reasons such as divorce, death of a loved one, etc. If you are fired, you may still be able to file a stress claim if you have notified your employer and seen a doctor who has documented your work stress prior to being fired.
What should I do if I am injured on the job, or involved in a car accident while working (which could result in both a personal injury and worker’s compensation claim)?
You should tell your supervisor or boss immediately of your accident as soon as possible, BUT NO LATER THAN 30 days of the accident. You can request and fill out a DWC1 form, called a Worker’s Compensation Claim Form, and give it to your employer for them to fill in their section. Always keep a copy of the form for yourself. Employers are required by law to give you this form within 24 hours after you have notified them of the injury, but some employers do not comply with this law, and you must ask for the form.
There is a ONE year statute of limitations for filing the Application for Adjudication claim form with the Worker’s Compensation Appeals Board, and there is a ONE year statute of limitations for penalty petitions such as 132(a) claims for wrongful termination within the worker’s compensation system and ONE year for serious and willful penalty petitions if your employer was grossly negligent in causing your injuries. The ONE year date starts with the date of the accident.
There are many laws and rules pertaining to worker’s compensation cases. Call our office today for a free consultation. An experienced workers comp attorney in Banning, CA will give you further information. The above information in no way to be considered complete without a consultation with one of our attorneys in the event that there is an exception, change in the law or particular twist in your claim that is outside the scope of the above information.
Note: Emailing our office does not constitute an attorney/client relationship.
Written retainer agreements must be signed for representation of your claim.