Salinas Workers’ Compensation Lawyer

Maison Law advocates on behalf of injured workers in Salinas. If you or a loved one has been injured on the job, the Workers’ Compensation Attorneys at Maison Law will assist you in getting the maximum amount for your claim. You may also be eligible for additional benefits through a personal injury claim, depending on the details of your injury. For legal advice, contact Maison Law today for a free consultation and case evaluation.

Maison Law Representation for Injured Workers in Salinas

At Maison Law, we aggressively pursue fair compensation for injured workers in Salinas. Our attorneys take the time to evaluate your case, gather your medical records, and customize a legal plan that best fits your needs. Some of our services include:

• QME Physician Selection: choosing the right doctor for your case can make all the difference in the world in getting you the treatment you need, as well as building a strong case on your behalf.
• DWC – 1 Claim Form: reporting your claim is vital to your work-related injury. We’ll help you file all the necessary paperwork and ensure your rights are protected.
• Denied Claims: workers’ compensation may deny your claim for a number of reasons, but that doesn’t mean you are not entitled to compensation or medical treatment. Our firm has helped many injured workers appeal their denied claims and win the benefits they’re entitled to.
• Utilization Review Denials: If your workers’ compensation claim does not consider your medical treatment necessary to your injury, then we will help you appeal that decision, or represent you in court if necessary.
• Wrongful Death Claims: If you’ve suffered the untimely loss of a loved one due to a work-related accident, then you may be eligible to workers’ compensation death benefits. We can help you through this difficult time and make sure you get the financial support you need.

Can I File a Lawsuit Against Workers’ Compensation in Salinas?

Yes, any injured worker has the right to compensation and can file a lawsuit against a workers’ compensation if they feel they have been treated unfairly at any time during the workers’ compensation process. Reasons for filing a lawsuit against worker’s compensation include:

• Your claim is denied: if your worker’s compensation claim is denied, an attorney can help you appeal the decision and represent you through negotiations.
• Your claim is neglected: in some cases, injured workers can be left waiting for weeks or months for the workers’ compensation claim to be processed and to begin receiving benefits. This is unacceptable and a workers’ compensation attorney can help.
• Your benefits are inadequate: if you believe your workers’ compensation benefits do not cover all your medical bills, lost wages, or other expenses, an attorney can help you seek the full benefits you deserve.
• Permanent disability: in cases of permanent disability, disputes over the level of impairment or the amount of compensation can arise, requiring legal representation.

Salinas Workers’ Compensation Protection

The state of California recognizes the importance of protecting employees who sustain work-related injuries. Workers’ compensation is designed to provide crucial benefits to injured victims, ensuring they receive medical treatment, compensation for lost wages, and assistance in returning to the workforce.

These benefits serve as a foundation of labor rights for workers in Salinas, providing protection for employees when they are too injured to work. These protections include:

• Protection from Retaliation: protection from retaliation is an essential right that prevents employers from taking adverse actions against employees for the sole reason of filing a workers’ compensation claim. Injured employees are also protected from the following employer actions:
  • Termination
  • Reduction of work hours
  • Demotion
  • Punitive measures
• Presumption of Retaliation: if an employer terminates an employee within 90 days of the employee filing a workers’ compensation claim, the employee is protected under the California Law of presumption of retaliation.
• Legal Recourse: wrongful termination while on workers’ compensation requires prompt action by the injured employee to ensure their rights are protected. A workers’ compensation attorney can provide valuable legal guidance and advocate on your behalf by gathering evidence to support your claim and represent your interests in legal proceedings.
• The Ability to Seek Redress: to seek redress for wrongfully denied claims or premature termination, injured workers can submit their claim to California’s Division of Worker’s Compensation. This department provides injured employees with the proper steps to resolve workers’ compensation issues under California Law.

Salinas Employer Safety Responsibility Under OSHA Law

According to OSHA, 25% of all workplace injuries occur due to slipping, tripping, or falling. Oftentimes, these types of injuries occur due to a violation of OSHA regulations. In California, you have the right to request an OSHA inspection without the fear of employer discrimination. You can request that inspection here. Your employer is responsible for providing a safe working environment, meaning they are tasked with adhering to all the regulations that govern the company’s trade. Under OSHA law, your employer is responsible for the following:

• Providing a safe working environment, meaning they are tasked with adhering to all the regulations that govern the company’s work. An example would be a construction site. The owner would have the duty to follow all safety regulations relating to construction.
• Provide daily inspections on equipment and sections of the workplace that are prone to hazardous conditions to make sure they adhere to OSHA standards.
• Provide all employees with safety information. The employer should hang OSHA posters, labels, and other safety signs so that all employees have access to the information.
• Your employer needs to provide training so that employees can handle the daily tasks and are knowledgeable about how to deal with hazardous situations.

Filing a Workers’ Compensation Claim in Salinas

If you suffered a work-related injury or illness in California, it is vital to report the incident to your employer the moment you become aware of your injury. If your employer does not learn about your injury within 30 days of it occurring, you could potentially be denied workers’ compensation. Here are the recommended steps for filing a workers’ compensation claim:

1. Request a Workers’ Compensation Claim Form (DWC 1) from your employer. They’re required to give you one or send it via mail within one working day after your injury is reported.
2. Fill out the form listed above to request benefits from the workers’ compensation program at your workplace. Describe your illness or injury in great detail and fill out only the employee section of the form.
3. Give the form back to your employer as soon as possible. Any delay in filing your workers’ compensation claim may have a negative impact on your claim.

Contact a Salinas Worker’s Compensation Lawyer

If you or a loved one has been mistreated, neglected, or inadequately compensated by worker’s compensation in Salinas, the attorneys at Maison Law will pursue the full extent of damages you are owed. Whether you’ve suffered permanent injuries, or have been denied medical treatment through worker’s compensation, our firm is prepared to exercise the full extent of the law to get you the compensation and medical attention you are entitled to.

Contact Maison Law today for a free consultation and case evaluation. There are no upfront charges for our services and you will not be charged a cent unless we win your case.