Maison Law represents workers injured on the job in San Jose. From on-the-job accidents to illnesses caused by substandard safety conditions in the workplace, workers across San Jose find themselves unable to work after suffering a career-ending injury while on the job.
At Maison Law, we help injured victims in San Jose get the maximum compensation for their damages. To partner with a firm experienced in reaching successful workers’ compensation claim settlements, contact Maison Law today for a free consultation and case evaluation.
Why Do I Need A Lawyer for a Workers’ Comp Claim in San Jose?
In California, if you are injured on the job, you will receive temporary disability benefits through workers’ compensation, even if you were at fault for causing the accident that led to your injury. Even though Silicon Valley is home to some of the biggest corporations in the world such as Tesla, Apple, Amazon, and Google, none of them are exempt from providing full, workers’ compensation coverage to their employees. To begin receiving temporary disability benefits you do not need a lawyer, but a lawyer can provide you with legal support in the following scenarios:
- 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.
What if My Employer Does Not Have Workers’ Compensation Insurance in San Jose?
All employers are required by California law to provide workers’ compensation coverage for their employees. Full-time, part-time, and seasonal workers in San Jose are covered by workers’ compensation, effective immediately on the first day of their employment. Workers’ compensation in California is a “no-fault” system, meaning you can be eligible for benefits regardless of who was at fault for your injury or illness. If you were working and got injured, then you are entitled to benefits. The benefits under workers’ compensation include:
- Medical Care: covers all reasonable medical treatment related to your injury or illness
- Temporary Disability Benefits: benefits paid if you’re unable to work while recovering
- Permanent Disability Benefits: if you don’t fully recover from your injury, you may be entitled to permanent disability benefits
- Supplemental Job Displacement Benefits: if you cannot return to your previous line of work, these benefits can help cover the costs of retraining or skill enhancement
- Death Benefits: in the unfortunate event of a fatal injury, dependents of the decedent are entitled to death benefits
If your employer does not provide you with workers’ compensation benefits, then they can face severe penalties. Failing to have workers’ compensation is a violation of California Labor Code Section 3700.5 and is a misdemeanor charge with up to 1 year in prison. If you’re injured on the job in San Jose and your employer does not provide you with workers’ compensation, then it is recommended to speak with a Workers’ Compensation Lawyer to discuss your legal options.
Filing a Workers’ Compensation Claim in San Jose
If you suffered a work-related injury or illness in San Jose, 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.
For example, let’s say you work as an engineer at Apple Park. You’re walking through the building and you slip on a freshly mopped floor. You lose your balance and fall hard, hitting your elbow. Your elbow is bruised, but you shake it off and continue to work. Weeks later you begin to struggle to straighten your arm and pick things up without feeling a sharp pain in your elbow. You file a workers’ compensation claim to begin medical treatment, but your claim gets denied because you failed to report the injury when it happened.
Workers’ compensation insurance companies may believe your injury is not severe enough for medical treatment or benefits since you waited so long to file a claim. If you give the insurance company any reason to deny your claim, they most likely will. Here are the recommended steps for filing a successful workers’ compensation claim:
- 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.
- 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.
- 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.
These steps will start your workers’ compensation claim and help you get the medical treatment you need. If you have any questions or need legal assistance for a denied claim, do not hesitate to reach out to one of our Workers’ Compensation Attorneys at Maison Law today.
Contact a Workers’ Compensation Lawyer in San Jose
If you or a loved one has been mistreated, neglected, or inadequately compensated by worker’s compensation after suffering a work-related injury, the attorneys at Maison Law will pursue the full extent of the 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 for all injured workers in San Jose. For legal counsel concerning your workers’ compensation claim, contact Maison Law today for a free consultation and case evaluation.
Additional Resources:
- Support for San Jose Overexertion Injuries Through Workers’ Comp
- Support for San Jose Workers Injured on Scaffolding
- Workers’ Compensation Burn Injury
- Workers’ Compensation Crush Injury
- Workers’ Compensation Defective Equipment
- Workers’ Compensation Forklift Operators
- Workers’ Compensation Exposure to Harmful Substances
- Workers’ Compensation Fall Injury
