Santa Clara Workers’ Compensation Lawyer

Santa Clara Workers’ Compensation Attorney

The workers’ compensation system is a critical safety net for all California employees. It exists for everyone’s peace of mind, knowing there is a chance to be compensated for any damages caused by an accident at work. However, it can be overwhelming to navigate the system alone, especially when there are certain entities who might try to reduce how much money you deserve. A Santa Clara workers’ compensation lawyer can help you maximize these benefits.

At Wiesner English, P.C., we have spent years demonstrating our dedication to helping injured workers advance through the workers’ compensation process. Our team understands the various challenges that employees may experience when attempting to seek the compensation they deserve. Our experience in California’s workers’ compensation laws can help ensure you have the necessary facts and resources in place, allowing you to focus on your recovery.

Challenges You May Encounter in a Workers’ Compensation Claim

It’s not uncommon for injured workers to face unexpected obstacles as they try to juggle recovering from their injuries and advancing through the workers’ compensation process. The more you understand these challenges in advance, the more you can be prepared with your attorney and increase your odds of a favorable outcome.

Some of the most common challenges include:

Appealing a Denied Claim

One of the most frustrating setbacks is when your workers’ compensation claim has been denied. Some of the most common reasons why this happens is from missing information in your initial claim, delays in reporting your injury to your employer, or disputes regarding where the injury actually happened (whether it happened at work or not).

If this were to happen, an attorney can help guide you through an appeal, where you can present new evidence to help challenge the original denial.

Insufficient Medical Evidence

The ability to secure a full compensation package for your work injuries hinges on the medical documentation supporting your claim. A lack of specificity in these reports is where an insurance company might find an opportunity to challenge the connection between your injury and the conditions of your work environment that allegedly caused the injury. This is why it’s important to keep thorough records of every medical visit and treatment.

Insurance Company Tactics

Insurance companies are for-profit businesses, so it’s not unreasonable to suggest that they have their own internal tactics designed to minimize their claim payouts. In some cases, they may try to offer a quick but low settlement in an attempt to close the case. However, having a lawyer to supervise this process gives you an extra set of eyes to call out any lowball offers and challenge the original offer for one that better suits your needs.

Delayed Benefits Payments

Even after a claim has been approved, an injured worker might experience a delay in receiving the actual funds. This can cause a lot of stress for the individual who is relying on this money to satisfy their medical expenses and basic living costs. Common reasons for this to happen include administrative errors or disputes over how much compensation should be awarded.

An attorney can follow up with the insurance company to address the reason why payment is delayed.

Challenges in Proving Workplace Liability

Some types of workplace injuries are harder to prove than others. This is particularly true for those related to cumulative stress or repetitive injuries that slowly build up over time. Your employer or insurer may argue that the injury was the result of something that happened during the individual’s personal time rather than while they were on the clock for work. You may need new evidence to better link your injuries to work activities.

FAQs About Santa Clara, CA Workers’ Compensation Laws

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

Most workers’ compensation claims in Santa Clara will prevent you from filing a claim against your employer directly for a workplace injury. This is because the employer is required to have a workers’ compensation program to proactively plan for issues such as these. Unless there is any evidence that your employer has engaged in some form of egregious activity, like intentionally causing you harm, then you likely cannot file a claim against them for your injuries.

Do Workers’ Comp Lawyers Work on a Contingency Fee Basis?

It’s true that your workers’ compensation lawyer might prefer to work on a contingency fee basis. This means that they do not require any funds to secure their services, but they collect a certain percentage of your compensation package if they successfully win the case. It’s an attractive proposition for those who are worried they may not be able to fund a lawyer out of pocket until they receive a check for their workplace injuries.

What Types of Injuries Qualify for Workers’ Compensation?

There are many different injuries and illnesses that fall under the workers’ compensation system, including sudden accidents like a slip-and-fall, repetitive stress injuries, or any illnesses caused by exposure to hazardous materials. The key to qualifying for compensation under this program is to link your injury to a condition at work. Consulting with an attorney can help secure the optimal strategy to make it clear your injury is eligible for workers’ compensation benefits.

Can I Choose My Own Doctor for a Workers’ Comp Injury in California?

There are usually a select number of doctors chosen by your employer’s workers’ compensation insurance network that you will have to see to be eligible for benefits. If you are unsatisfied with how you are being treated by one of these preselected physicians, an attorney can help you navigate the process of getting a second opinion or switching doctors entirely. This can help ensure you receive the care and funds you need while advancing through recovery.

Contact Wiesner English, P.C. Today

If you have suffered a workplace injury, you need an employment attorney on your side who can help you understand your rights and navigate the compensation process with ease. At Wiesner English, P.C., our legal team is ready and able to provide you with clear guidance every step of the way. Contact us today to speak with a member of our legal team.