Santa Clara Workplace Injury Lawyer

Santa Clara Workplace Injury Attorney

Workplace injuries can turn what would have been a normal day on the job into a more challenging ordeal. This can not only leave lasting physical health issues to manage but also cause financial instability. Whether the injury was caused by hazardous conditions, a repetitive strain, or a sudden unexpected accident, a Santa Clara workplace injury lawyer can help employees understand what legal options they have to pursue workers’ compensation.

At Wiesner English, P.C., we dedicate our firm to protecting the rights of employees who have been injured at work. We understand the complexities and nuances of these cases, which helps us work diligently to secure the level of compensation and support our clients need. From the initial consultation to navigating insurance claims and representing our clients in court, we will supervise the entire process from start to finish to ensure the case is handled with care.

What Type of Compensation Can I Receive for Workplace Injuries in Santa Clara?

When a workplace injury causes disruption to your life, it’s important to understand the different types of compensation available. Securing this can make a huge difference in your journey toward recovery. Some of the most common areas where compensation is available in Santa Clara include:

Medical Expenses

In most workplace injury cases, medical expenses are a large source of unexpected bills that can keep going up during recovery. This includes costs for emergency care, hospital stays, medications, and rehabilitation sessions. It’s important to document each treatment you have received to ensure you don’t leave any money on the table. An attorney can provide peace of mind by ensuring you receive the full amount of medical benefits you’re entitled to.

Lost Wages

If your recovery period requires you to spend extra time away from work, you may be eligible to recoup the salary you lost during this time. This payment will typically come through the Temporary Disability Benefits program in California, which was created to cover a portion of injured employee’s salaries. If your injuries are so severe that you can never return to work, you could be eligible to receive Permanent Disability benefits.

Future Loss of Earnings

Those eligible for future loss of earnings compensation qualify if their injuries have prevented them from ever being able to work and earn money again. An attorney can help you calculate future loss of earnings, which is typically achieved by assessing how much your income was, the severity of your injuries, and the extent of your limitations. While an insurance company might try to limit these claims, an attorney can help ensure you secure a fair compensation amount.

Vocational Rehabilitation

If your workplace injuries prevent you from returning to the job you held before, you might qualify for vocational rehabilitation. This benefit can help to cover the costs of any necessary retraining or education you need to develop new skills. This can help you find a new role in a different field that caters to your new physical limitations. Working with an attorney can help ensure you transition into your new career as seamlessly as possible.

Punitive Damages

In some rare cases of extreme employer negligence, punitive damages may be awarded by the court to punish the responsibility party. This is to deter the individual from engaging in similar behavior in the future. Although it’s not as common in workers’ compensation claims, punitive damages may be awarded in certain situations, like if an employer was aware that their employees were being exposed to hazardous conditions without having any protective measures in place.

FAQs About Santa Clara, CA Workplace Injury Laws

Can I File a Claim Against My Employer for an Injury on the Job in California?

In most cases, California law will prevent an employee from filing a claim against their employer for a workplace injury. Rather, the state’s workers’ compensation system would step in to cover medical expenses, lost wages, and other related costs, regardless of who is at fault for the injury. However, if an employer engaged in more extreme behavior, like intentionally causing harm, a civil claim might be applicable to receive additional compensation.

How Much Do Workers’ Comp Lawyers Charge in California?

The total cost of your workers’ comp case in California will depend on how complicated the disputes are to resolve and how many years of experience your attorney has. Some attorneys work on a contingency fee basis, which means they will only be paid if they are able to win the case for you. If they do, they will take a predetermined percentage of your compensation package as payment.

How Long After a Work Injury Can You File a Claim in California?

In most cases, California requires you to submit your work injury claim one year from the date of your injury. If you are pursuing a claim against a third party who contributed to your injury, like a product manufacturer, the statute of limitations is bumped up to two years. However, there may be certain extensions allowed depending on the details of your case, like if you discovered you were injured weeks or months after the day the injury was caused.

What Should I Do If My Workers’ Comp Claim Is Denied?

If you have been rejected for compensation after submitting a claim, you have the right to appeal the decision through California’s Workers’ Compensation Appeals Board. Whether you were denied due to insufficient evidence, a missed deadline, or there was a dispute over whether the injury was work-related or not, this is your opportunity to introduce new evidence to challenge the claim’s denial.

The court will listen to your case and either approve or reject the appeal.

Contact Wiesner English, P.C. Today

If you have recently been injured at work, you need quality employment representation to help you navigate through the complexities of workers’ compensation. At Wiesner English, P.C., we have the legal skills and experience you need to secure the most compensation possible, depending on the circumstances of your injury. Contact us today to learn more about how we can help.

With our legal team on your side, you can trust that you are getting the quality legal representation you deserve.