Best Workers Compensation Attorneys in Santa Clara

FAQs

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

  408-615-5580 is the non-emergency dispatch line of the local police station in Santa Clara.

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

  If you need a copy of a police report related to your case in Santa Clara, you can schedule an appointment for in-person counter services. To schedule an appointment or to seek assistance, please call 408-808-4705. The Records division is open from Monday to Friday, between 8:00 AM to 5:00 PM. If you prefer to request the report by mail, you can send a request to Santa Clara County Sheriff's Office, Attn: Records Division, 55 W. Younger Ave, San Jose, CA 95110.

• What should you do if your workers' comp claim is denied in Santa Clara?

  If your claim for workers' compensation is denied in Santa Clara, you may contest by applying for an adjudication of the claim. A workers' compensation administrative law judge will hear the case and give a decision. If you disagree with the ruling, you may file an appeal with the Workers' Compensation Appeals Board.

• Will you have to pay your workers' compensation attorney out of your own pocket in Santa Clara?

  No, you won't have to pay your attorney out of your pocket in Santa Clara. The insurance company will pay your attorney directly after your case. Workers’ compensation lawyers work on a contingency fee basis. If they win your case, their fees will come from the workers' compensation benefits awarded to you. The fees paid to lawyers are typically 15 percent of the permanent disability benefit awarded.

• Can your employer assign you light-duty work while you recover from an injury in Santa Clara?

  It's possible for your employer in Santa Clara to give you light-duty work while you recuperate from an injury, but there are conditions attached. The work must be for at least one year, conform to your medical limitations, and pay you a minimum of 85% of your previous salary. It may be advisable to accept this work, but you have the right to turn down assignments beyond your work restrictions.

• Is it possible to obtain workers’ compensation benefits if you sustained injuries while commuting to work in Santa Clara?

  In Santa Clara, getting workers’ compensation benefits after being injured during your commute is not possible. However, you may be eligible if you were hurt while traveling between job sites or doing a work-related errand. It will depend on the specific facts of your case and require substantial evidence to prove your claim. A workers’ compensation attorney can assist you in gathering and presenting evidence to support your benefit claim.

• What is the deadline to file a workers' compensation claim in Santa Clara?

  Santa Clara's filing deadline for workers' compensation claims is determined by two critical dates. Firstly, you have 30 days to inform your employer about the injury or illness. Secondly, the statute of limitations for claim filing is one year from the date you become aware of the illness or injury. There are exceptions to the statute of limitations rule, including minors, delayed symptom detection, failure to provide the DWC-1 form, or if the insurance carrier provides healthcare.

• 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.