Best Workers Compensation Attorneys in San Mateo

FAQs

• What is the non-emergency contact number for the local police station in San Mateo, California?

  To reach the San Mateo Police Depatment non-emergency line, dial 650-522-7700.

• Where can I get a copy of police report for incidents related to my case in San Mateo, California?

  The San Mateo Police Department provides many options for obtaining a copy of the incident report: a. Visit the office at 330 West 20th Avenue during the schedule from 8:00 a.m. to 5 p.m., Monday - Friday; b. Online at https://sanmateoca.mycusthelp.com/WEBAPP/_rs/(S(0pknszjaluayaxecnxyyvgh1))/RequestLogin.aspx?sSessionID=&rqst=1&target=YpURA3m6cNU+N1K9kEqQhqz8yC2ZLKNdSdB4wnowVJ5S8CGTBp2GIItHg4/I0pUM8Jvp1AAd4YheCcTrA795fG9P3xL5LmB/wFQjiIoSWN7tLnJa+Bm/oEirHbO2IQAI; c. Send a written and stamped letter of request to 200 Franklin Pkwy, San Mateo, CA 94403; or d. Transmit the signed letter of request through fax at 650-522-7711.

• How much do San Mateo workers' compensation lawyers charge?

  The majority of San Mateo workers' compensation attorneys work on a contingency basis. In such cases, the attorney will be paid a percentage of the total settlement amount (usually between 10% and 20%). Some lawyers may prefer to bill their clients on an hourly basis at a rate of $188 on average.

• What should you do next if your workers’ compensation claim is denied in San Mateo?

  You can consider filing an appeal if your workers' compensation claim is denied in San Mateo. After the dismissal, you have 30 days to file a Form-Notice of Appeal to submit to the Appeals Board, and you will be scheduled for a court hearing to present your suit. If the decision stands, you can appeal to the Workers' Compensation Appeal Board and, if necessary, the California Court of Appeal.

• Does workers' compensation in San Mateo cover injuries sustained on the way to work?

  Under San Mateo's "coming and going" regulation, an employee who is injured on their way to or from work cannot hold their employer liable. However, an employee's commute-related injuries are covered in certain circumstances, such as when they are (a) required to use a personal vehicle for work purposes, (b) operating a corporate vehicle, (c) traveling for a business trip on behalf of the company, or (d) frequently on the road to perform their duties.

• How long does it take in San Mateo to approve or deny a workers' compensation claim?

  Insurance companies in San Mateo may take up to 90 days from the date the workers' compensation claim form is submitted to decide whether the settlement payout should be approved or denied. If the insurance provider does not respond to your claim within the time frame specified, your claim will be automatically reimbursed.

• What are the legal implications for employers in San Mateo who do not have workers' compensation coverage?

  Employers in San Mateo who do not have workers' compensation insurance face misdemeanor penalties under Section 3700.5 of the California Labor Code, which include a fine of up to $10,000 or a year in county jail, or both. Higher fines can also be imposed by the state legislature and the Division of Labor Standards Enforcement. The DLSE may also order the business to halt operations and prohibit the use of employee labor until insurance is obtained.

• What does a workers’ compensation attorney do?

  Workers’ compensation attorneys help injured employees recover monetary benefits following workplace accidents and illnesses. Attorneys in this practice area provide legal advice, gather evidence, review medical records, prepare petitions, and negotiate insurance settlements. They also represent clients’ interests during court cases and administrative hearings overseen by state workers’ compensation boards.

• What are the benefits of filing a workers’ compensation claim?

  Workers’ compensation insurance gives employees access to vital cash benefits in case of workplace injuries or illnesses. Filing a claim can help injured workers pay for medical care, physical therapy, and essential living expenses while they recover from a temporary or permanent disability. Workers’ compensation also pays for funeral and burial expenses following fatal workplace injuries.

• How long does a workers’ compensation claim stay open?

  Workers’ compensation claims typically remain open as long as the individual is receiving treatment or until the injured party reaches maximum medical improvement. This milestone varies for each person, and it can take years to determine whether a disability is temporary or permanent. Additionally, there’s a fixed time limit for filing a lawsuit. The statute of limitations can be anywhere from six months to two years from the date of the injury or the date of the last payment, depending on the worker’s state of residence. A qualified attorney can explain your state’s specific rules.

• What is the average payout for a workers’ compensation claim?

  Nationally, the average workers’ compensation claimant receives $21,800. Payouts range from $2,000 on the low end to upwards of $60,000 for well-compensated workers in high-income areas. The exact amount depends on the claimant’s average weekly paycheck, the extent of the injuries, and their state of residence. Individuals who accept an insurance settlement or initial offer typically receive less than those who negotiate or have an attorney represent them before an arbitrator or workers’ compensation judge.

• How are settlements calculated in workers’ compensation cases?

  Settlements typically cover current and future medical expenses, vocational rehabilitation or retraining, and two-thirds of lost wages. The total amount may vary depending on whether the worker’s disability is temporary or permanent. Workers’ compensation also pays death benefits, including funeral expenses and two-thirds of wages for up to 25 years or a state-specified maximum.

• What is workers comp?

  Workers' compensation is an insurance program that provides medical care, rehabilitation, and other benefits for employees who are injured or fall ill while performing assigned work duties. Common reasons for filing a workers' comp claim include slip and fall injuries, machinery accidents, or muscle strains while lifting heavy items.

  All businesses must carry some form of workers' compensation insurance, with minimum guidelines imposed by the state of residence. Workers' comp is intended to safeguard both the employee and the employer by providing a social safety net. This can protect companies from civil suits and guarantee that injured employees receive the benefits they need.

• What does workers comp cover?

  Workers' compensation insurance covers benefits associated with a wide range of accidents and illnesses that may occur in a place of work. This can include:

  • Medical benefits, such as payments for treatments, hospitalizations, or surgeries
  • Compensation for lost wages while not working
  • Coverage for ongoing care, such as physical therapy
  • Continued access to benefits, including insurance provided through an employer
  • Disability benefits, if an injury results in a permanent loss of functioning in some manner
  • Death benefits and funeral expense coverage

  How and when workers' compensation coverage applies depends on the illness or injury in question and the results of a medical exam. An unsatisfactory ruling by an insurer can be appealed with help from a workers' comp attorney.

  
  

• What does a workers comp defense attorney do?

  A workers' compensation defense attorney is a legal professional who represents the employer in a workers’ comp case. Typically, the defense attorney works to minimize the employer’s liability and reduce the amount of benefits to be paid out.

• When does workers comp start paying?

  How and when workers' comp starts paying can depend on both the circumstances and the state in which an injury took place. In most areas, benefits related to medical care start paying out immediately, even before a claim is formally processed or accepted. Once a case is approved, injured workers may be entitled to other benefits, including coverage for lost wages.

• How much is workers comp insurance for self-employed people?

  Workers' compensation isn't required for self-employed individuals, but those working in dangerous industries, such as construction or manufacturing, may choose to purchase policies. In some cases, employers may request this coverage when hiring a contractor. While costs will vary based on industry and location, most freelancers can expect to pay around $25 to $50 per month.

• How do I file a workers comp claim?

  A workers' comp claim is best filed as soon as an injury occurs. In some states, there are time limits, such as one month following an incident.

  After an injury, an employee must notify their employer. The employer must then provide access to the necessary forms and offer guidance. Employees must fill out all forms and return them to the employer who then files them with the insurer. Some states have additional requirements, including assessment by a medical provider. Once the paperwork has been filed, the insurance provider issues a ruling. If the ruling is unfavorable, the employee may choose to appeal the decision with the support of an attorney.