San Jose Workers Comp Lawyer for Teachers

San Jose Workers Comp Lawyer for Teachers

Teachers are a vital part of society. Their jobs are important and rewarding. However, with those rewards also come their own challenges. From stress levels to safety hazards and violence on the premises, teachers are not exempt from the risk of injury. With a work-related injury comes the option of workers’ compensation. A San Jose workers’ comp lawyer for teachers can help you understand your options if you’ve been injured on the job.

A San Jose Workers’ Comp Lawyer You Can Trust

With a focus on workplace injuries, Wiesner English, P.C., understands the law as it pertains to workers’ compensation. We have worked with a number of different industries in workplace injury cases, including teachers and school employees. We understand the intricacies of each industry and can help you with your claim. Our attorneys can explain how the law applies to your case, as well as your options for compensation.

Workers’ Compensation in California

When it comes to workers’ compensation, California operates on a no-fault system. This is intended to be for the benefit of both the worker and the employer. With this system, employees are not permitted to file a claim against their employer in court when they’re injured on the job.

However, they can receive workers’ compensation, and they do not have to prove that the injury was the fault of the employer. They only have to show that it was work-related. Even if an employee caused their own injury, it will still be covered in most cases.

Generally speaking, workers’ compensation in California will cover the following:

• Medical bills and expenses. Any medical expenses incurred due to the injury are typically covered by workers’ compensation. This includes any appointments, surgeries, or physical therapy needed. Workers’ comp also covers prescriptions, assistive devices, and the cost of transportation to and from medical appointments.
• Disability payments. Workers’ compensation covers both temporary and permanent disability costs. The amount and duration of pay are determined by a number of factors, including the type of disability, the injury sustained, the age of the worker, and other conditions the worker may have previously suffered from.
• Death benefits. If the worker was killed on the job, the worker’s next of kin (usually a spouse or children) may receive benefits, which can include the cost of burial.

Teacher and School Employee Injuries

There are a number of different types of accidents that can happen at almost any workplace in San Jose, CA and would warrant the need for workers’ compensation, such as a slip and fall accident. However, teachers and school employees face certain risks that are unique to their workplace.

For instance, teachers can experience job-induced stress, on-campus violence, and even exposure to toxins. Some of the common risks teachers experience include:

• On-campus violence. Unfortunately, there has been a noticeable increase over the last many years in on-campus violence at schools. While the general public is typically made aware of the more extreme forms of violence, such as mass shootings, there has also been an increase in the victimization of teachers and school workers.
  There have been reports of assaults, property damage, and even stabbings and shootings on school grounds. If a teacher sustained a workplace injury as a result of on-campus violence, they could file for workers’ compensation.
• Emotional stress. While proving that job-induced stress caused an injury is not as straightforward as proving other injuries, it is not impossible to assert that stress injuries are linked to the job environment. Some factors that contribute to job-related stress in schools include overcrowded classrooms, a hostile work environment, being overworked, and a lack of support and materials.
  Work-related stress can cause post-traumatic stress disorder (PTSD), anxiety, depression, high blood pressure, heart attacks, sleep disorders, and a weakened immune system that makes the worker more susceptible to other illnesses.
• Toxic Exposure. Some school premises have toxins present in the buildings. These can include fumes, mold, and pests, which can lead to rashes, muscle issues, skin issues, and even cancer. Sometimes, the effects of toxins do not show up until years after prolonged exposure.

FAQs

Q: How Much Do Workers’ Comp Lawyers Charge in California?

A: In California, most workers’ compensation lawyers work on a contingency fee basis. This means that they will only charge a certain fee if you are awarded worker’s comp benefits in your case. For instance, if your attorney charges a 15% contingency fee, their compensation will be 15% of whatever compensation you receive.

Q: How Much Do Lawyers Take From Settlements in California?

A: If lawyers charge a contingency fee, which most of them do in workers’ compensation cases, they will take whatever percentage is outlined in their contingency fee. If their contingency fee is 30%, they will take 30% of whatever benefits you receive. Some fees can be negotiated between the lawyer and the client.

Q: How Much Does Workers’ Comp Pay in California?

A: The amount of workers’ compensation a person receives in California is based on a number of factors. Some of these include the kind of injury sustained, the amount of physical damage done to the worker, the effects of the injury, and how long the person is expected to take to recover.

Q: Does Workers’ Comp Pay for Pain and Suffering in California?

A: Workers’ compensation does not pay for pain and suffering in California. Workers’ compensation is typically used to cover medical expenses and other economic losses related to lost wages and disability. While pain and suffering is usually not covered by workers’ compensation, workers may be able to file a personal injury claim for non-economic damages in certain rare cases.

Contact Wiesner English, P.C., Today

If you have been injured in the workplace, you do not have to handle it alone. You may be entitled to workers’ compensation benefits. An attorney from Wiesner English, P.C., can inform you of all the benefits you have a right to obtain. They can pursue any compensation that you were denied in the process and help build a strong case for you if necessary. Contact us today for more information.