Maison Law represents injured workers in Oildale. If you or a loved one has suffered an injury on the job, the workers’ compensation attorneys at Maison Law can ensure you receive the maximum amount of compensation for your damages.
Workers’ compensation may only provide a portion of treatment for your injuries, or deny your claim altogether. To the hardworking community of Oildale, this is not how you deserve to be treated if you’re injured on the job. Contact Maison Law today for a free consultation and case evaluation.
Do I Need a Lawyer for an Oildale Workers’ Compensation Claim?
Whether you’re working construction, plumbing, or at a desk in an office, workers’ compensation covers all injuries and occupational illnesses suffered by employees during the scope of their employment in Oildale. Determining the benefits you are entitled to can be difficult because your benefits must be approved by your employer’s workers’ compensation insurance.
A Workers’ Compensation Attorney protects injured workers from being under-compensated or having their benefits denied. An attorney will file a lawsuit against workers’ compensation to make sure you are fully compensated for all your damages. These damages can include:
- Medical expenses
- Cost of traveling to and from treatment center and doctor visits
- Medical equipment needed to facilitate your injury such as:
- Crutches
- Wheelchair
- Cane
- Access ramp
- Knee brace
- Neck brace
- Lost wages
- Pain and suffering caused by your injuries
- Stress and anxiety due to the nature of your accident
- Your mental state after a life-changing accident
- Loss of ability to enjoy life
- Loss of companionship or consortium
- Scarring, disfigurement, and permanent physical disability
If you or a loved one has been denied coverage for workers’ compensation for any reason, do not hesitate to contact Maison Law today for a free evaluation of your workers’ comp claim.
Who is Entitled to Workers’ Compensation in Oildale?
Employees who are entitled to workers’ compensation include:
- Full-time employees
- Part-time employees
- Seasonal employees
If you’re an independent contractor, then you are not entitled to workers’ compensation benefits if you’re injured while working. However, the company you were contracted by must state that you are an “independent contractor” in writing. If an employer misclassifies you as anything other than an independent contractor and you get hurt on the job, then you may be able to recover workers’ compensation.
California law requires all employers with at least one employee must maintain workers’ compensation coverage for their employees. Employees are covered by workers’ compensation from the first day of their employment. If your employer does not have workers’ compensation insurance, a Workers’ Compensation Attorney can help you file a lawsuit against them to recover compensation.
When is a Physical Injury Covered Under Workers’ Compensation in Oildale?
If a physical injury arose during the course of employment, the injury would be covered under workers’ compensation. However, injured workers must prove that their condition was work-related. This can be a straightforward process if you were on a job site, performing your regular job functions, and you suffered an injury. That would be a difficult injury to dispute as non-work-related. However, there are certain situations where work injuries are not as distinct. For example, if you are commuting down the US 99 in Oildale, headed to work and you get into an accident.
Most states, including California, have a “going and coming” rule that limits workers’ compensation claims for commuters. This rule establishes when you are and are not able to claim workers’ compensation when injured in a commuting accident. The going-and-coming rule states that when you are commuting to work, you are voluntarily taking the same risk as all other travelers on the road. This includes commuting from your home to your place of work, as well as personal errands during your work shift, such as taking a lunch break or stopping by the post office.
So, generally, an employee’s commute is not considered by law as part of work. This is a grey area of workers’ compensation, but an experienced Workers’ Compensation Attorney can help you receive compensation if you suffer an injury while commuting to work.
Contact an Oildale Workers’ Compensation Lawyer
It is recommended to speak to a lawyer as soon as you suffer a work-related injury. Maison Law specializes in the complex legal process of workers’ compensation law to protect the rights of injured workers in Oildale. For expert legal counsel, contact Maison Law today for a free consultation and case evaluation. There are no upfront charges for our services and you will not have to pay a cent unless we win your case.
