Fresno Workers’ Compensation Lawyer

Maison Law helps workers in Fresno through the workers’ compensation process. Everyone has the right to a safe workplace, but accidents can still happen. If you’re injured on the job, workers’ compensation benefits are there to help. However, understanding the process and how you can make your way through the claims process can be complicated. That’s where our firm comes in–we’re here to guide you. Contact us today for a free consultation.

Should You Get a Lawyer?

If you’re injured doing your job in Fresno, your employer is legally required to have workers’ compensation insurance. What this does, effectively, is give you insurance benefits to cover your losses. That said, it’s not easy–particularly if you’re more seriously injured. So, you should get a lawyer if you have questions or if you have more serious injuries. Our team can help you through the process by:

• Explaining your rights and next steps
• Helping you gather evidence to strengthen your claim
• Negotiating with employers and insurance companies for fair benefits
  
  

A workplace injury can disrupt your life, even with workers’ compensation benefits. Our mission is to make the process smoother so you can focus on recovery and getting back to work.

How Do You Get Workers’ Compensation Benefits After Getting Hurt?

Getting hurt on the job can be overwhelming, especially when it comes to understanding your options. The key difference between a workers’ compensation claim and a personal injury claim is based on:

• Where and how the injury happened.
  
  

If you’re injured at work, you may qualify for workers’ comp–but that doesn’t necessarily mean you can’t also file a lawsuit or an insurance claim, depending on the situation.

• Workers’ compensation claim – Getting workers’ comp benefits starts with filing a workers’ comp claim. You don’t need to prove your employer was at fault to get benefits, so in that respect, it’s much more straightforward than a regular injury claim. Generally, once you file your claim, you can recover benefits like:
  
  
  • Medical expenses, covering doctor visits, treatments, and medications.
  • Temporary disability (TD) benefits, which acts as partial wage replacement if your injury prevents you from working temporarily.
  • Permanent disability (PD) benefits, which cover long-term or permanent limitations that leave you unable to work.
  • Job retraining, which provides coverage for costs relating to training for a new role if you can’t return to your previous job.
  • Death benefits, in situations where your injuries are fatal.
    
    

While you have straight access to these benefits when you file your claim, they have limits. For instance, they often end after 104 weeks, which may not be enough for severe injuries or illnesses. At that point, you have other options.

• Regular injury claim – If your injury resulted from negligence, like unsafe working conditions or defective equipment, you might also have the option to file a civil claim. This could include an insurance claim or a lawsuit. Through a civil claim, you can seek additional damages such as:
  
  
  • Medical expenses
  • Lost income
  • Pain and suffering
  • Emotional distress
  • Reduced quality of life
    
    

Keep in mind that a regular injury claim has two major requirements:

• Negligence, where somebody was careless and caused your accident and injuries, and;
• They must be filed within two years of the injury.
  
  

Missing this deadline means you lose the chance to recover damages. In Fresno, going through these options can feel complicated, but it’s vital for actually making your way through the recovery process. No matter which option you choose, though, you’re going to have to put together a strong claim.

What Can You Do to Strengthen Your Claim For Benefits?

No matter where you work in Fresno, injuries can happen when you least expect them. If you get hurt on the job, it’s important to take the right steps to protect your health and your claim for workers’ compensation benefits, which starts with you going to your employer and asking for the form to complete (DWC-1). At that point, the benefits process kicks into gear. From there, here’s how you can strengthen your claim:

• Get medical care – As with any injury, the first thing you should do is get medical care. Call 911 or visit an urgent care facility or hospital if needed. If first aid is available at your workplace, use it right away.
  
  
• Report the injury to your employer – Tell your supervisor or employer about the accident as soon as possible. California law requires you to report workplace injuries within 30 days, but the sooner you report it, the sooner you can start the claims process and get benefits.
  
  
• Insurance investigation – Your employer’s workers’ comp insurance provider is going to investigate the claim, which usually involves them reviewing medical records and speaking to witnesses.
  
  
• QME evaluation – Typically, you’ll need to see a doctor–known as a Qualified Medical Evaluator, or QME–chosen by the insurance company for an exam. You can also consult your own physician to get an additional evaluation of your injuries.
  
  
• Wait for a decision – The insurance company will decide what benefits you get, and they’ll base their decision on the evidence both you provide and they get.
  
  
• Resolve disputes – If there’s a disagreement about your injury or benefits, you may need to participate in mediation or a hearing with your employer to resolve the issue. We can represent you in the dispute process.
  
  
• Return to work – If possible, your employer might offer you a modified role that accommodates your medical restrictions. If returning to your previous job isn’t feasible, workers’ comp may help with retraining for a new position.

 

Each case is unique. By following these steps, you’ll lay the foundation for a strong claim. If you encounter challenges, consulting a Fresno workers’ compensation lawyer can help you understand your rights and ensure you get the benefits you deserve.

Why Would You Need to File a Workers’ Compensation Claim?

You never want to be in a position where you need workers’ comp because it means you’ve been hurt or fallen sick at work. Still, the reason it’s there is to protect you. While virtually every employer offers workers comp, the reasons why you would need it usually involve the following situations:

• Slip and falls – Wet floors, poor lighting, or uneven surfaces can cause accidents in virtually any workplace.
  
  
• Repetitive Stress Injuries (RSIs) – Jobs requiring repetitive motions, like typing or lifting, can lead to strain or injuries over time.
  
  
• Car accidents – For jobs involving driving, like deliveries or business travel, accidents on the road are a risk. But you can file a claim for any injuries that come out of a car accident.
  
  
• Exposure to harmful substances – Working with chemicals or hazardous materials can cause serious health issues.
  
  
• Machinery accidents – Operating heavy equipment can lead to injuries, especially if the machinery is faulty or safety training is insufficient.
  
  
• Burns or fire injuries – Jobs in industries like construction or restaurants can expose workers to risks of burns, smoke inhalation, or fire-related injuries.
  
  
• Construction site accidents – Falls from heights, equipment failures, or accidents with unstable structures are common hazards in construction.
  
  

Again, no matter what job you have in Fresno, whether it’s a farm worker or in an office, you have the right to file a workers’ comp claim when you get hurt. But also, it’s a pretty stressful situation. That’s when you can turn to our team for support and guidance.

Frequently Asked Questions

Can my employer fire me for filing a workers’ comp claim?

No, California law protects workers from retaliation for filing workers’ compensation claims. If your employer takes adverse action against you, you can file a separate lawsuit.

How long do I have to file a workers’ comp claim?

You have one year from the date of the injury to file.

Can my family file a claim if my injuries are fatal?

Yes. Death benefits are available in a workers’ comp claim. But your family may also be able to file a wrongful death claim. Our team can help them decide which is the best option.

Contact Maison Law After You Get Hurt at Your Job in Fresno

If you’ve been injured on the job in Fresno, Maison Law is here to support you. Our team of workers’ compensation lawyers will guide you through the claims process and make sure you get the benefits you need to recover. Contact us today for a free consultation.