Español | Disponible 24/7

San Bernardino Workers Compensation Lawyer

Inhabitants of the San Bernardino area leave their homes every day to go to work at retail places, office buildings in the downtown area, huge logistics hubs at the airline and rail terminals, and numerous other sites throughout the Inland Empire. None of these people plan on getting seriously hurt at work that day or contracting a significant illness as a result of unsafe working circumstances.

Regrettably, the day's work ends disastrously for just some San Bernardino employees. Workers may get major injuries that impair their livelihoods and daily lives due to car accidents, slips and falls, defective equipment, exposure to poisonous substances and chemicals, and various other hazardous situations. They are suddenly confronted with a mound of unanticipated expenses, including medical bills. They require assistance with domestic duties and errands to make it through the day because they are unable to work due to sickness or accidents.

Employees and their families may experience great physical, psychological, and financial burdens as a result of a work-related sickness or injury within San Bernardino. By allowing for the payment of workers' compensation to cover medical costs and lost wages, California law, fortunately, shields workers from at least a portion of these difficulties.

Unfortunately, San Bernardino employees frequently discover that getting complete workers' compensation benefits is challenging and complicated. Employers attempt to undercut workers' rights, insurance firms dismiss or minimize claims, and even when payments are received, they hardly meet the cost of necessities.

To maximize their insurance coverage and other types of compensation, workers within San Bernardino who are going through this challenging moment in their lives need the assistance of a knowledgeable, experienced workers' compensation attorney. Workers within San Bernardino who have been hurt or ill can resort to Big Ben for competent legal counsel. Request a no-obligation case examination from us right away.

BIG BEN LAWYERS WORKERS’ INJURY COMPENSATION ATTORNEYS

We are a well-regarded workers' compensation and personal injury law practice with offices all over Southern California. Our team of lawyers at Big Ben Lawyers is made up of skilled trial workers compensation attorneys with extensive expertise who have dedicated their lives to defending the rights of those injured in avoidable mishaps and occurrences.

Through jury judgments and settlements throughout Big Ben Lawyers' many years of law practice, we have obtained milliards of dollars for our clients. Big Ben Lawyer's successful track record in defending workers who were unfairly denied workers' compensation payments speaks for itself. However, we can ensure that our clients at Big Ben Lawyers would receive individualized attention from top-notch attorneys who understand how to obtain results as well as deal with insurance carriers, defense attorneys, judges, and juries. We can never guarantee a successful conclusion in any specific case.

GETTING AN UNDERSTANDING OF EMPLOYEES’ COMPENSATION FOR WORKERS WITHIN SAN BERNARDINO

Employees are safeguarded by their compensation insurance from the costs of sickness and injuries suffered at work. Under California law, all companies, irrespective of their size, are required to provide workers' responsibility insurance for their employees, with very few exceptions. Almost all San Bernardino workers, including adolescents and undocumented workers, have a claim to the protection of workers' compensation.

The following benefits are available to San Bernardino employees who become ill or injured at work under California law:

  • Complementary job deformation benefits to assist with paying for worker additional training, if an employee illness or injury precludes a worker from working;
  • Neuroprotective properties that encompass the cost of medical treatment for a work-related accident or disease;
  • Temporary disability payments that pay a fraction of the worker's wages when a working person must take time off work to recoup from a labor injury or illness;
  • Perpetual sickness benefits that whenever a job injury or disease causes a long-term disability Mortality benefits are provided to the relatives of employees who pass away due to an illness or accident sustained at work.

Depending on the severity and extent of the illness or injury, a worker may be eligible for a range of benefits. However, regardless of who brought about the accident or illness, workers have a right to obtain these benefits. In other words, the employee will still be entitled to benefits even if the illness or injury was brought on by their carelessness.

It is recommended to leave the valuation of a workers' compensation claim to an experienced San Bernardino workers' compensation attorney due to its complexity. Get in touch with Big Ben Attorneys right away to go through the specifics of your illness or injury at work and to find out if you qualify for recompense.

HOW SAN BERNARDINO WORKERS’ COMPENSATION WORKS

Workers' replacement insurance in California is regulated by the Division of Workers' Compensation of the California State Department of Industrial Relations. On the DWC website, employees can access a wealth of information about their entitlement to benefits. After reviewing that data, San Bernardino employees might even believe it is simple to get workers' compensation benefits to cover their illnesses and injuries sustained at work.

Would that be so?

THE MANNER OF ACTUALIZATING SAN BERNARDINO WORKERS’ INJURY COMPENSATION

According to the Department of Workers' Compensation website, receiving benefits is quite simple: injured workers notify their employers of the injury, the employers supply a claim form, the employees seek medical help, hand over the application form, and the general practitioner submits it, and the payments are made.

That would represent how workers' compensation would operate in a perfect scenario, but sadly, that is not how things are. Humans live in the real world, and San Bernardino employees will likely find it extremely challenging to obtain workers' compensation payments in the real world.

MEANS OF OPERATING WORKERS’COMPENSATION SCHEME IN SAN BERNARDINO

Even when San Bernardino employees follow the claim-filing guidelines to the letter on the DWC website, their outcomes may fall short of their expectations. Why? Because workers' compensation is an insurance product, the corporation that sells those would choose not to cover all claims in full.

San Bernardino employees who comply with the law by notifying their injuries, submitting claim forms, and receiving medical care frequently receive refusal letters from insurance carriers instead of the rewards to which they are legally entitled.

These may be the explanations provided by workers' compensation insurers for rejecting claims:

Even if the employee complied with all technical requirements for filing a claim, it was determined that the deadlines were not met.

Even if it is true, the worker's damage is not as bad as claimed by the worker or by the worker's doctor.

Regardless of whether the worker needs the medical care for which payment is requested. the worker's illness or injury was unrelated to their employment, even if that is exactly what happened;

Even if it wasn't the case, the worker was either intoxicated, high, or purposely injured themselves.

Even if it's untrue, that the employee had a which was before condition that wasn't covered by their insurance

To complicate things worse, San Bernardino businesses occasionally try behind the scenes to refute charges made by employees. The company might contest the employee's story of what happened, put pressure on the employee to reduce or withdraw the claim, or make an effort to conceal what caused the accident or illness. Although it is entirely against the law for companies to act in this dishonest manner, it does occur and simply makes life for employees worse.

Additionally, many workers may find the procedure of contesting the rejection of a claim to be complex and onerous. These obligations seem more complex and difficult to handle without legal counsel through each step of that process.

You should contact our Big Ben Lawyers as quickly as possible because of this.

THE MEANS WHICH BIG BEN LAWYERS APPLY TO ASSIST INJURED WORKERS WITHIN SAN BERNARDINO

Our goal at Big Ben Law Firm is to make sure that individuals who suffer illnesses and injuries in avoidable mishaps and catastrophes receive the compensation they require to regain their wellness and rebuild their life.

Workers within San Bernardino frequently come to us for assistance after suffering a significant illness or injury as a result of their occupations. Both before and after receiving a refusal from their compensation insurance provider, clients occasionally contact us with their workers' compensation claims. Depending on the unique needs and goals of each client, we offer a variety of services.

Our Big Ben lawyers have the knowledge and expertise to support you in the accompanying directions:

  • Investigate the workplace accident, event, or illness that caused the worker's injuries or illness. This may entail obtaining testimony from coworkers or compiling a list of violations of occupational health and safety regulations.
  • Assist with initial compensation insurance claim preparation, filing, and follow-up to offer workers the best chance at collecting full benefits straight away.
  • At every milestone of the appeals system, which can range from such an informal administrative law judge to a composed entire case in California courts, prepare, file, and prosecute appeals of denied claims.
  • Prepare, file, and prosecute claims alleging wrongdoing and illegal actions by employers who retaliate against workers comp claim claimants or attempt to do so and/or by workers' recompense insurance carriers.
  • Create, submit, and defend workers comp claim against third parties (individuals other than the worker's employer or coworkers) whose egregiously risky decisions or deeds resulted in the worker's illness or damage.

The team at Big Ben Firm of Attorneys frequently succeeds in locating evidence that backs up serious constitutional claims for injuries that workers can make in addition to their workers' compensation payments through Big Ben Lawyers' diligent work and in-depth investigations.

Throughout our defense of a San Bernardino employee, it is Big Ben Lawyers' job to identify and pursue every legal option that is conceivably open to a worker to secure the maximum amount of compensation for work-related illnesses and injuries. To put it another way, we believe that workers' compensation is an excellent place to start when trying to have an injured or ill worker reimbursed, but we also realize that it isn't always the only option.

Home Visits Available

Call now for details

WHICH STEPS CAN EMPLOYEES APPLY TO AID THEMSELVES FOLLOWING A WORKER’S INJURY?

Following an illness or injury related to work, the actions taken by a San Bernardino employee can have a big impact on their rights and future capacity to receive compensation. There isn't any one-size-fits-all approach for workers to preserve their rights because every scenario is unique.

However, by following these measures, many injured or ill workers may assist themselves:

  • Notifying authorities as soon as possible of any injuries or illnesses. When a worker falls from a scaffold and fractures an arm, for example, they may immediately realize they have been injured or unwell. In other instances, it takes time for employees to understand a workplace circumstance has done damage, such as when employees become ill after being exposed to a harmful chemical over an extended period. In either case, it's crucial to disclose the damage as immediately as the employee learns of it. By filing a report, employees make their employers liable and take a crucial starting step toward recompense.
  • Getting medical attention when necessary and appropriate. Seek emergency care if you have a health emergency brought on by an illness or injury at work. If it's an emergency, don't wait for authorization from your company. In other cases, inform your employer about the issue and get the right medical attention as soon as you can. Always report an accident or illness to the workplace first, if at all possible, as a worker may be required to see a doctor recommended by the company in non-emergency situations.

Speak with a qualified workers' compensation attorney as soon as possible, even before making your first claim. Workers can preserve their rights and ensure that they take the right actions to optimize their recovery by speaking with a qualified attorney as soon as feasible.

Understanding Complications of Industrial Accidents

Federal and state authorities, politicians, insurance companies, professional associations, healthcare coalitions, and individuals of the legal profession continue to be concerned about the scope and administration of workplace accidents. Our Big Ben Lawyers group of knowledgeable and skilled lawyers is aware of how drastically altering a work-related accident may be for a person and their whole extended family. Big Ben Lawyers' track record of achievement is a result of our commitment and wisdom.

Any incident that occurs to a person while they are performing their job and leaves them injured is considered an industrial accident. Even while your first association with industrial accidents might be factory, mine, or construction employees, the truth is that they can affect people in any profession. In actuality, there are over 337 million workplace accidents each year.

It is challenging to pinpoint the precise causes of industrial accidents due to the large variety of accident types. However, it is significant to note approximately 8 out of every 10 workplace accidents are ultimately brought on by inadequate safety precautions, such as:

Cutting corners in any system. Everybody wants to work more quickly. Unfortunately, people who cut corners on the job put themselves and their coworkers at risk of serious injury, especially when dangerous chemicals or equipment is involved.

Inadequate use of space is another factor. A workspace that isn't maintained properly is full of dangers and threats. Good housekeeping not only increases safety but also establishes a quality reputation for other employees at the workplace to adhere to.

Disregarding safety precautions. Employers must abide by various safety regulations set forth by agencies. Failure to adhere to requirements might result in catastrophic harm or death in addition to harsh sanctions.

How is the situation cleaned up after an industrial accident and kept safe for other workers, suppliers, and customers?

Few employers consider this until they are dealing with the repercussions of an accident. Because diseases like hepatitis B virus HBV, HIV, and MRSA can spread via blood and other bodily fluids left behind at the site of the accident, it is not always prudent to bring in a janitorial team alone. Blood cleanup is a highly technical task that needs to be handled by qualified experts. We comply with all local laws and all coverage and training requirements to ensure the security of our Big Ben Lawyers personnel and others. Please call us whenever you need more details as we are available each day of the week, 24/7/365 a year.

Gaining Balance After a work-related Accident

In California, workers have a legal right to demand a clean and safe working environment, pertinent safety training, and prompt medical attention in the event of an accident at work. Federal agencies' initiatives seem to be going in the correct direction. The number of nonfatal occupational injuries has been slightly declining, according to recent statistics first from the Bureau of Labor Statistics. In 2017, 2.8 million accidents or illnesses were reported nationwide. These figures are concerning even if there were 45,800 fewer than in the preceding year.

Unanticipated injuries may have detrimental effects. Even just the financial hardship alone can have a profound impact on family dynamics. Even a temporary loss of income can cause the semi-affected spouse to look for additional means of support. Physical limits can cause sadness, lifestyle changes are unavoidable when dealing with difficult and serious injuries and interpersonal networks may deteriorate.

Get in touch with Big Ben Lawyers to ensure that you get the best representation possible.

Do Employees have any Legal Protection?

In Florida, workers' compensation is fault-free. To make a claim, a party does not need to demonstrate negligence or blame. The only conditions are unrealistic due to carelessness. Then, some of the necessary proofs are addressed. The sufferer must have suffered sickness or injury before anything else. The second requirement to be proven is that the alleged damage occurred while the plaintiff was at work. The disease or injury's connection to employment must be proven as the final element.

Employees in California are protected by their compensation insurance irrespective of their immigration status. This is especially true if certain employment-related requirements are satisfied. First, the worker must have worked for a company employing four or more part- or full-time employees, excluding construction companies. Second, such an individual should have worked for a construction-related business that employed one or more people. The worker in question must also have worked for a farmer who employs more than five permanent staff and/or Twelve or more seasonal workers who put in at least 30 days each season. It is sufficient to point out that the conditions are stated in a disjunctive order.

To schedule a no-obligation engagement with Big Ben Lawyers, contact us through the numbers available on our website.

Analyzing the Multifaceted Nature of the Procedure

The regulations governing worker's compensation in Florida are extensive and intricate. These state laws were created to assist our citizens in recovering financially and professionally from diseases and injuries brought on by their jobs, as well as to offer support to bereaved households in the eventuality of a fatality. The procedure of receiving compensation for a job injury is, in principle, easy and simple. A worker who sustains an injury requires 30 days to notify their employer and two years to claim compensation. The company gets seven days to inform the business' insurance provider, who will then designate a claim adjuster to start the process of evaluating the case and deciding what benefits should be granted.

It is entirely possible to reach a satisfactory conclusion by navigating through the employee compensation and insurance carrier's processes without legal counsel when the injury is straightforward and tied to a particular accident. However, a lot of workers' compensation cases are complicated, particularly when the damage cannot be linked to a single, specific incident.

Handling Adjustment by Insurance Carriers and the Challenge it comes with it

The benefits assessor represents the insurance provider; they do not represent your side. They are attempting to limit the employer's liability and will work to resolve the claim as swiftly as they can. It is a good idea to keep in mind that everything you say or sign could harm the decision. They are not acting in your best interests, without a doubt. On your behalf, it is their responsibility to spend as little as possible.

The majority of adjusters excel at what they do. They collect data that can be used to reduce or deny compensation while seeming to have a polite phone interview, normally on a predetermined basis. You are not compelled by law to make an audio recording. Now is the moment to analyze the documentation and talk on your behalf with a skilled worker's compensation attorney.

How is it Imperative to File All the Requisite Documents?

By law, pain and suffering are not considered to be compensable damages in worker's compensation claims. It is beneficial to regularly chronicle how your capacity to function is impacted by pain and suffering, to the extent that it truly interferes with your everyday activities. The determination of disability may benefit from knowing this information.

Each form you are required to fill out and sign has the potential to become a court document should your case go to trial. Keep copies of such documents, including the ones that will be covered later. Keep a note of the initial injury report. Next, gather the required claim forms. Keep doctor's reports and notes safe as well. Any written communication you have with your employer should be stored safely. Additionally, it is necessary to safeguard any written interaction with the insurance provider.

What Defenses are available to Employers in Industrial Related Accidents

It is conceivable for an employer to dispute liability for a collision or injury and assert that the occurrence did not occur while you were working for them. Your injuries are likely work-related if you sustained them while on business property, traveling in a company car, or performing an assignment at the supervisor's request. The following factors are additional grounds for rejecting a claim. First, because the damage wasn't reported right away, the claim might have been time-barred by the law. Second, there had been no medical examination performed at the scene of the accident. The employer may also mention the fact that the necessary paperwork was incomplete. The defense put up by the employer could be that the victim is no anymore an active employee in their company.

It is usual for a company to put uncertainty and skepticism on a situation by asserting that the individual was either intoxicated or purposefully seeking to damage themselves. A possible defense used by an employer to avoid liability for an injury is a violation of corporate safety standards. Today, many companies have security cameras, and claims can be rejected if the video catches workers flagrantly breaking safety rules.

How wide is the Scope of Applicability or Reach of the Industrial Accidents?

Recent Department of Labor data on workplace accidents reveal a generally lower pattern in accidents, sicknesses, and fatalities over 25 years, but they also demonstrate that safety on the job is still a problem within both the private and governmental sectors. Our staff continues to experience an intolerable number of labor injuries notwithstanding the use of on-the-job training and suitable ergonomic equipment. As mentioned above, there are several causes of these injuries. Overexertion is the first of these types of injuries. Such mishaps could also be caused by contact with office supplies or equipment. In addition, it is noted that exposure to dangerous substances contributes significantly to such damage.

Falls, slips, and trips are other factors that contribute to these mishaps. Furthermore, these incidents can also be caused by fires, explosions, and electrocutions. Similar to this, large lifting equipment and related tools play a significant role in these mishaps. One of the contributing factors to these labor injuries is transportation-related accidents. This is also related to violence at work. The same could be attributed to faulty equipment at the place of employment. Last but not least, defective tools or equipment are a significant contributor to these mishaps.

Any combination of the subsequent can immediately result in occupational injuries, despite being less frequent. Visibility obstruction is the first of these factors. Second, such injuries might also be caused by limiting protective gear. Inconsistent temperatures may also contribute to such injuries. Even while it's not always the case, noise may also be a significant effect. Workplaces that are messy or crowded may also contribute to such mishaps. Finally, contaminated water, whether used for drinking or commercial purposes, may potentially cause similar injuries.

Specific injuries can range from being relatively straightforward and self-limiting to devastating and perhaps life-long, depending on the circumstances. The aforementioned impacts are just a few of the potential outcomes of such injuries. First, there will inevitably be some lacerations. Additionally, sprains can occur in different circumstances. Injuries that are incurred by the parties involved may also include strains. Fissures, tendon and muscle rips, as well as hearing loss, can also develop from such accidents.

These injuries can also lead to breathing problems, allergic reactions, spine damage, brain trauma, concussions, paralysis, and amputations, among other problems. One victim may experience any one of these directly or in combination.

Crucial Information to be Kept

Your treating physician is chosen by your employer's insurance company unless emergency care is required. Your doctor will determine how much time you can take out of work to heal and when you can go back to work. The level of disability that your injury requires will be determined by this same specialist. Your claim will result in a tax-free payment for you. On a contingency basis, we accept all situations. You won't have to pay us anything unless we win a settlement or judgment that benefits you and the family.

Additionally, medical records are an important piece of information that must be retained. The most crucial piece of evidence in favor of your claim will probably be medical records, both from the time you suffered your injuries. These records can show what portion of your body was hurt, how serious the damage was judged to be by a doctor and the course of treatment that was recommended for you.

Furthermore, the procedure must include impartial medical exams. When there is a disagreement over your health issue and the insurance provider wants a second opinion, separate medical examinations are typically carried out. A lawyer for an injured worker may, however, also ask for a separate medical examination to challenge the findings of another doctor about the damage.

Accident reports must also be stored nearby. When determining the location and time your injury occurred, the accident report that was created by your company or the police in conjunction with your injury might be very useful.

Get in touch with our ably qualified team of attorneys to receive the best compensation. Our contacts are available on our Firm's website and are going through every time. You can call or leave a text message and we shall attend to you at a no-obligation engagement.

The Means which our Team Will Employ to Pursue your Claim

Although Florida residents are not needed to have a lawyer to initiate a worker's compensation claim, having access to knowledgeable legal counsel can assist accident victims to avoid certain frequent blunders after an on-the-job injury. You can deal with this complex area of the law with the help of an experienced attorney who has the knowledge and experience you need.

Our firm's accident injury attorneys always collaborate well and are confident in their capacity to tenaciously fight for the rights of disabled employees in San Bernardino as well as the outlying neighborhoods. Our firm's depth of knowledge and specialization guarantees that you receive the most value from your claim. To be on the safe side and make sure that your situation is under control, we will vigorously pursue your claim.

If you choose our prestigious firm, you will receive the best counsel, which will cover a variety of factors like those that are discussed below. advantages of using a seasoned liaison to communicate with the insurance provider. Additionally, you will have the assurance that every medical evidence has been thoroughly examined. Additionally, you can be certain to get help scheduling medical specialty care. In addition, our strategy includes using skilled attorneys to cross-examine medical professionals. Additionally, you will have access to a representative who will speak out for you during hearings. Last but not least, a lawyer may argue against any which was before conditions that an adjuster could believe influenced or triggered the accident.

Our team of attorneys is aware that the worker's functional restrictions directly correlate to the worker's future and immediate medical costs. We will use every effort to guarantee that each client achieves the best settlement or impairment rating possible. The interests and rights of our clients are protected by every employee of our litigation team. We gladly devote a significant amount of time and money in pursuit of each case so as order to successfully counteract the businesses who want to restrict or minimize recompense for our customers.

Are there any available Alternatives to your Claim?

Your damage may have been aggravated by a third party. The potential to receive monetary support for discomfort and suffering can be very important if you can file a personal injury lawsuit for financial damages against a party other than your employer.

If certain conditions continue, a worker's compensation claim can be admissible in addition to worker's compensation benefits. These circumstances are enumerated below:

Your injury was brought on by one of the following:

  • a faulty product;
  • a hazardous substance;
  • an intentional act of harm by your employer; or
  • a lack of compensation insurance from your company.
  • Appeals in case of Denial of the Compensation Claim

It is conceivable to overturn a denied claim, however, the appellate jurisdiction for rejected workers' compensation claims is neither simple nor straightforward. It should go without emphasizing that this is not a DIY project. Success frequently necessitates more in-depth information, more medical testing, or a combination of these two. Among the grounds for denial are:

  • Lack of timely reporting of the injury; missing a filing deadline;
  • denial of liability by the employer; and
  • lack of evidence of a connection to the job.

A competent work compensation lawyer may decide to review a terminated claim for additional investigation. This may be particularly crucial if the initial injury develops over time and necessitates further medical attention.

COMMONLY ASKED ISSUES RELATING TO WORKERS’ INJURIES WITHIN SAN BERNARDINO

Workers within San Bernardino who get sick or injured at work are covered by workers' auto insurance companies. Employers in California are required to buy this insurance to cover workers who are harmed or ill while on the job.

Theoretically, the workers' payment scheme makes it simpler for employees to get the benefits they require after sustaining an illness or injury at work. Unfortunately, the workers' compensation system is not always easy for sick and wounded employees. Instead, the processes and regulations they must adhere to as well as the judgments made by workers' compensation insurance providers to restrict or reject claims appear perplexing, complex, and discriminatory.

The issues that many workers regularly ask about filing a workers' compensation claim are discussed below, along with information concerning how a San Bernardino workers' compensation lawyer may assist them in obtaining the benefits they require and are entitled to. Contact a knowledgeable workers' compensation attorney at Big Ben Attorneys immediately for answers to your specific issues regarding a San Bernardino workers' compensation claim.

WHAT IS THE IMPORTANCE OF THE EMPLOYEES’ RECOMPENSE?

Employees' remuneration is a sort of commercial insurance that guards against financial loss for both employers and employees when a worker is harmed or ill due to an employment cause. Almost all companies in California are required by law to have workers' compensation insurance to cover their staff members' medical expenses and other related charges if they suffer an occupational illness or accident. Employees cannot be made to pay for this insurance by their employers.

Almost all San Bernardino employees are covered by workers' compensation, irrespective of their age, job duties, industry, level of competence, or quantity of hours worked. Both temporary and permanent employees are covered. Additionally, it covers workers regardless of immigration status, so even if you don't have legal status, you are still entitled to workers' workers' compensation.

Acquiring workers' compensation benefits, contesting an insurance company's denial of advantages, and occasionally securing money for effort injuries from source materials other than workers' compensation are all services provided by San Bernardino workers' recompense attorneys on behalf of their clients.

WHAT CATEGORIES OF EMPLOYEE INJURIES ARE ELIGIBLE FOR COMPENSATION WITHIN SAN BERNARDINO?

Employees' recompense insurance often pays for any accidents, illnesses, or other health issues that occur while a worker is working.

Two frequent types of occupational injuries can lead to a workers' compensation claim:

• Multiple exposure injuries, such as muscle or joint injuries from repetitive physical tasks, or illnesses that work contracts as a result of being exposed to hazardous chemicals or components at work, lead to serious consequences from the lengthy achievement of job duties that bring injury, or from a job environment that results in harm.

• Catastrophic injuries brought on by a specific occurrence or catastrophe at employment, such as a worker in construction falling from either a ladder or a farmer getting seriously hurt when a machine tips over.

You probably have a workers' compensation claim if you were hurt, injured, or developed a health problem as a result of your employment. You may benefit from discussing your options with an accomplished San Bernardino workers' compensation lawyer.

WHAT IS THE STATUTE OF LIMITATION IN SAN BERNARDINO WORKERS’ COMPENSATION?

You must notify your employer of your injuries within thirty (30) days, though preferably you ought to do so right away. You risk losing your eligibility for workers' compensation payments if you don't tell your employer about your injuries.

After that, you normally have one year under California law from the date of your work-related illness or injury to submit a workers' compensation claim to their insurance provider.

Read current information about the application procedure for workers' compensation benefits from either the California Division of compensation insurance.

WHICH CATEGORIES OF COMPENSATORY DAMAGES CAN I OBTAIN IN A SAN BERNARDINO WORKERS’ COMPENSATION CLAIM?

Although every situation is different, a wounded San Bernardino employee often qualifies for the following workers' compensation benefits:

  • Medical treatment benefits that pay the full cost of a worker's medical expenses, including doctor's bills, for the length of time of their disability or injury; Perpetual disability payments that substitute a portion of the worker's wages when an injury results in a long term disability that precludes the worker from trying to work; Disability payments that are roughly equivalent to two-thirds of the worker's standard wage, paid during any time frame of a medical disability;
  • Compensation for job retraining, which aids an employee in finding new employment in a different sector if an injury keeps them from returning to their previous position;
  • •Death payments are given to the worker's family if they pass away due to an illness or injury sustained at work.

WHICH BENEFITS ARE REGARDED AS SHORT-TERM IN WORKERS’ COMPENSATION CLAIMS WITHIN SAN BERNARDINO?

You may be entitled to temporary disability compensation if you were hurt at work. These benefits serve as a replacement for the pay you would have received in the absence of an illness or injury.

If the insurance provider determines that your illness or injury was brought on at work, it would only pay these benefits.

You might need to provide evidence to demonstrate that is what transpired:

When are restricted inside the type of job you can perform, a physician declares that you are unable to work as a consequence of your injury, and your employer is unable to offer you light or modified employment as a substitute.

The legislation restricts temporary disability benefits to 104 weeks of payments made within five years of the date of your work-related illness or accident.

IS IT NECESSARY THAT THE VICTIM GOES FOR MEDICAL ATTENTION IMMEDIATELY FOLLOWING A WORK INJURY?

If you require urgent care, you can visit any doctor.

You might need to consult with your company to figure out which physician you can utilize for any additional illnesses or injuries. Read in-depth information on your San Bernardino insurance rights to medical treatment.

Simply put, you have the right to choose your physician if you have informed your employer in advance via a process known as pre-designation that you would like to have your physician treat you if you become ill or injured at work.

The doctor who treats you can be chosen by your employer or the workers' compensation claims administration if you didn't predesignate.

This might be perplexing, so contact our skilled San Bernardino workers' injury attorneys right away if you believe you should be able to see your doctor but your workplace or the insurance provider won't permit it.

WHICH RANGE OF MEDICAL SERVICES ARE COVERED BY WORKERS’ COMPENSATION WITHIN SAN BERNARDINO?

You have the right to all medical care that is provide everything to cure or relieve your employment-related injury or sickness under California workers' compensation legislation. The California Division of Workers' Compensation has published science-based recommendations that doctors and insurance providers must follow while treating you. They can't justifiably reject your affection.

Even though your doctor believes you need the care, a workers' compensation insurance company may attempt to reject your claims for health benefits because it is not reasonably required. If that occurs to you, speak with a skilled San Bernardino workers' compensation lawyer as soon as possible to find out your legal options.

IS IT POSSIBLE FOR THE INJURED EMPLOYEE TO SUE THE EMPLOYER FOR DAMAGE SUSTAINED INSTEAD OF PURSUING COMPENSATION CLAIMS WITHIN SAN BERNARDINO?

Rarely will you be required to do this.

Workers' compensation insurance often replaces your ability to sue your employer if you suffer a work-related illness or accident. This is a compromise that is advantageous to you as well as your company. All work-related illnesses or injuries, including those brought on by your conduct, are covered by your insurance. Your business is shielded from lawsuits brought by workers who accuse you of causing them harm. There are exceptions if your employer intentionally hurt you, which can happen but is uncommon.

If the workers' compensation insurance provider won't pay for your accident or illness or tries to underpay you, you might need to file a lawsuit. If that happens, call us, or even better, call us for assistance with filing your claim.

Even if you are unable to sue your employer, you might be able to do so against a third party, someone who is not your employer or a coworker, if their unreasonable risky judgments or conduct caused you harm. A San Bernardino farm worker, for instance, might be able to sue the maker of heavy farm machinery if the machinery malfunctioned and resulted in the worker's injuries.

To find out if you might have a damages claim in conjunction with your workers' compensation claim, contact an expert San Bernardino workers' compensation attorney right now.

CAN I BE COVERED BY WORKERS’ COMPENSATION WITHIN SAN BERNARDINO IF I WORK FOR A MEDIUM COMPANY?

Yes, most certainly.

In California, almost all employers—even tiny enterprises with a small staff—are required to cover their employees with workers' compensation insurance. Even if you are your employer's only employee, the law requires that they acquire workers' compensation. Employers who disobey this requirement risk severe fines and accountability to their workers.

By designating their employees as independent contractors, businesses may attempt to avoid the expense of purchasing workers' compensation insurance. It is illegal for companies to misclassify persons as independent contractors to avoid paying for workers' compensation insurance, even if true independent contractors are not entitled to workers' compensation benefits.

It's not always clear when someone is an employee or an independent contractor. In the simplest terms, regardless of the name your employer gives you, you are qualified as an employee entitled to workers' compensation benefits if your company controls how, where, and when you perform your work.

If you think your employer falsely labeled you as something of an independent consultant to deny you workers' compensation benefits, get in touch with a skilled San Bernardino workers' compensation attorney immediately once.

ARE THERE ANY STEPS TO BE TAKEN IN THE CIRCUMSTANCES THAT MY EMPLOYEE COMPENSATION CLAIM IS REJECTED?

Workers' compensation insurance providers and claims managers occasionally reject claims.

They frequently dismiss claims for the following reasons, among others:

  • Your hospital attention is not reasonably necessary to treat your condition;
  • Your injury or sickness is not work-related;
  • You have not reported your ailment or accident within 30 days.

These are only a few of the explanations an insurance provider might offer for rejecting your claim. Whatever the justification, it's crucial for you to understand that you have rights that safeguard you and allow you to challenge the company's judgment. An expert San Bernardino workers' compensation attorney can help you fight back and attempt to obtain the money you require and deserve. It is against the law for a workers' comp insurance provider to reject a legitimate claim.

Unfortunately, time cannot be on your side. Speak with a lawyer as soon as possible if your claim is denied to safeguard your rights.

CAN AN EMPLOYER FIRE ME AFTER PURSUING A CLAIM FOR COMPENSATION FOLLOWING AN EMPLOYEE INJURY CLAIM?

Not at all. Any California employer who takes any action against an employee in retaliation for the employee making a workers' compensation claim violates the law. Additionally, it is unlawful for a company to use any form of coercion or intimidation to discourage an employee from submitting a claim.

Organizations that break the legislation could face harsh penalties as well as liability to their workers. If your worker took any action against you as a result of you exercising your entitlement to workers' compensation benefits, you should contact an expert San Bernardino workers' compensation insurance lawyer immediately away. Any unfavorable employment action taken by an employer in retribution against you is unlawful and may subject you to large damages. Such actions include dismissing, demoting, reducing hours and compensation, assigning you to alternative tasks, and more.

HOW CAN BIG BEN LAW ATTORNEYS ASSIST ME IN MY WORKER’S COMPENSATION CLAIM?

Our skilled San Bernardino workers' compensation attorney can assist you with the following:

  • preparing and submitting a workers' compensation claim;
  • preparing and submitting an argument of any partial or complete claim denial;
  • responding to inquiries about your constitutional rights to benefits;
  • protecting your rights against employer retaliation for filing a workers' compensation claim; and continuing to pursue a claim against a third party to obtain monetary damages in advisement to your workers' comp benefits.

You can meet with one of our knowledgeable workers' compensation lawyers within San Bernardino for a free consultation. We work on a contingency basis, meaning you don't pay anything until we get you money. To learn more, get in touch with a knowledgeable San Bernardino workers' compensation law firm at Big Ben right away.

SAN BERNARDINO’S EXPERT WORKERS’ COMPENSATION ATTORNEYS

At Big Ben Law Firm, we work hard to ensure that San Bernardino employees who experience diseases or injuries related to their occupations are aware of their rights to compensation.

Any employee who becomes ill or injured at work is urged to get in touch with us right once. Workers have a finite amount of time to seek compensation, so the sooner you contact us, the immediately we can start putting together a compelling case to back up your claim. To get a free, private case evaluation right away, contact us by email or phone using the information on our website.

A San Bernardino workers compensation lawyer near me

Our office is situated at , California. Our location notwithstanding, we represent clients throughout California and we will come to where you are should it be prudent to do so. Kindly also reach us at 909-963-0750
so that we can discuss everything relating to your case.

POSITIVE FEEDBACK FROM A CLIENT

They employ a number of the most experienced workers compensation lawyer I've ever worked with. I would without a doubt advise using them in the future.

Big Ben Lawyers - San Bernardino, CA
473 E Carnegie Dr
Suite 200
San Bernardino, CA, 93721
Phone: (909) 963-0750

Client Testimonials

Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum.

Rating: 5/5 ⭐⭐⭐⭐⭐
Jesus R.
Feb 2020

Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum.

Rating: 5/5 ⭐⭐⭐⭐⭐
Jesus R.
Feb 2020

San Bernardino Practice Area Blog Posts:

California wrongful death lawyers

Best California Wrongful Death Firm to Help You

It’s natural that you’d want to go to court and file a case when your loved one dies due to someone else’s negligent actions. You want to hold the responsible …

Read more

Most Common Causes of Motorcycle Accident

Most Common Causes of Motorcycle Accidents

Riding a motorcycle is a favorite pastime of many citizens across California.  The weather, scenery, and ample highway routes make riding a motorcycle a popular means of transportation across the …

Read more

vehicular accident lawyer

Should I Get a Lawyer for a Car Accident if it wasn’t my Fault?

Some people are fortunate enough to never face a situation where they have to think about hiring a lawyer.  While lawyers can provide invaluable services to people in challenging situations, …

Read more

CALIFORNIA LOCATIONS

Glendale Office

144 N Glendale Ave.
Suite 250
Glendale, CA 91206

(818) 423-4878

Fresno Office

1221 Van Ness Ave
Suite 307
Fresno, CA 93721

(559) 354-6344

Ontario Office

3281 E. Guasti Rd
7th Floor
Ontario, CA 91761

(909) 235-5886

Riverside Office

11801 Pierce St.
Suite 200
Riverside CA 92505

(951) 561-2002

Sacramento Office

1015 2nd St
Second Floor, Suite B
Sacramento, CA 95814

(916) 860-7800

San Bernadino Office

473 E Carnegie Dr
Suite 200
San Bernardino, CA 92408

(909) 963-0750

Book your free consultation right now