Expert Legal Assistance for Injured Workers in the Bay Area, San Francisco Workers Comp Lawyers
Dedicated to Fighting for Your Rights
Fighting for Clients Throughout Northern California
If you suffer a workplace injury in the Bay Area, San Francisco, you need an experienced workers’ compensation lawyer to help you secure the benefits and compensation you deserve. At Ochoa & Calderon, we specialize in representing injured workers and ensuring they receive the medical care and financial support necessary for recovery.
Comprehensive Workers’ Compensation Benefits in California
California workers’ compensation benefits include five main types: medical care, wage replacement, disability, job displacement, and death benefits.
Medical Care
Workers’ comp pays for all reasonably necessary medical treatment related to a work-related illness or injury. Benefits can cover:
- Doctor visits
- Physical therapy
- Chiropractic or occupational therapy
- Prescriptions and medical equipment
- Mileage reimbursement for travel to and from the doctor or pharmacy
Wage Replacement
If you are temporarily disabled and cannot work, workers’ comp pays two-thirds of your regular wages for the duration of your disability, for up to two years.
Disability
If your disability is permanent, you will receive a rating based on the nature of the disability and body part affected. You will then receive permanent disability benefits according to a schedule of benefits outlined in the law.
Job Displacement
If you cannot return to your previous job due to a disability, you may be eligible for a $6,000 voucher. This voucher can pay for training, licensing, or certification to help you secure a new job in a different field.
Death Benefits
The spouse, children, or other dependents of an employee who dies from a work-related illness or injury can receive up to $10,000 for reasonable burial expenses. They can also receive benefits at the total temporary disability rate. These benefits can total $250,000 or more, depending on the number of dependents left behind.
How Our Bay Area Workers’ Compensation Lawyers Can Help You
Workers’ compensation covers any injury that occurs on the job. This includes injuries from a single traumatic event like a fall or burn, or injuries that develop over time due to repetitive stress. Occupational illnesses and diseases are also covered. These include illnesses caused by toxic exposure to chemicals or conditions like heart disease and hypertension for people in high-stress jobs like police officers, firefighters, and first responders. If a pre-existing condition worsens on the job, workers’ comp should cover treatment for the aggravation.
Employers and insurers often try to avoid paying benefits or offer less than what is due. They may:
- Claim your injury is not work-related
- Blame a pre-existing condition
- Dispute the severity of your injury
- Allege the accident occurred while you were intoxicated
- Claim the injury was intentional
- Argue the accident was due to a violation of workplace safety rules
- Assert that you failed to report the accident on time or follow other procedures
- Repeatedly require independent medical exams to contest your disability
You have rights as an employee when it comes to workers’ compensation. An experienced San Francisco Workers’ Compensation Lawyer ensures these rights are upheld. At Ochoa & Calderon, we handle interactions with the insurance carrier. We represent you in administrative hearings and appeals with the Division of Workers’ Compensation (DWC). We even take your case to court if necessary. Our Bay Area Workers’ Compensation Lawyers are dedicated to fighting for your rights.
Steps to Take After an Injury at Work
- Report the Injury Immediately: Notify your employer about the injury as soon as it happens. Delaying the report can complicate your claim.
- Seek Medical Attention: See a doctor as soon as possible and follow all prescribed treatments. Early medical documentation is crucial for your claim.
- Document Everything: Keep detailed records of your injury, treatment, and any communications with your employer or insurance company.
- Consult a Workers’ Compensation Attorney: Call Ochoa & Calderon at 951-901-4444 for a free consultation to ensure you receive all entitled benefits.
- Understand Your Rights: Educate yourself about your rights under California workers’ compensation law. This knowledge helps you navigate the claims process more effectively.
Frequently Asked Questions
What should I do immediately after being injured at work?
Report the injury to your employer as soon as possible. Seek medical attention and follow all prescribed treatments. Contact an Bay Area workers’ compensation lawyer to ensure you receive all entitled benefits.
Can I be fired for filing a workers’ compensation claim?
No, it is illegal for an employer to retaliate against an employee for filing a workers’ compensation claim. If you face any retaliation, contact an Bay Area workers’ compensation lawyer immediately.
What if my claim is denied?
If your claim is denied, you have the right to appeal the decision. An experienced Bay Area workers’ compensation lawyer will help you navigate the appeals process and advocate on your behalf.
How long do I have to file a workers’ compensation claim?
In California, you generally have one year from the date of your injury to file a workers’ compensation claim. However, you should report the injury to your employer as soon as possible.
Can I choose my own doctor for treatment?
Initially, you may need to see a doctor chosen by your employer. After 30 days, you can switch to your own doctor, provided certain conditions are met. Consult with an Bay Area workers’ compensation lawyer for guidance on this process.
What types of injuries are covered by workers’ compensation?
Workers’ compensation covers injuries caused by one-time accidents, repetitive stress injuries, occupational illnesses, and exacerbation of pre-existing conditions due to workplace activities.
How Does The Workers’ Compensation Process Start?
In the video below, our experienced attorney William Calderon, Co-Founder and Partner at Ochoa & Calderon, discusses the workers’ compensation process. With nearly 20 years of experience advocating for injured workers, William provides invaluable insights into how to navigate your claim successfully. Learn more about William Calderon and his dedication to protecting the rights of injured workers.
Can You Collect Workers’ Comp After Being Fired?
Dedicated San Francisco Workers Comp Lawyers Ready to Assist You
Suffering a workplace injury in California can be overwhelming, but you don’t have to go through it alone. The team at Ochoa & Calderon is here to guide you through the complexities of the workers’ compensation process. For tailored legal advice and support, reach out to our skilled San Francisco Workers’ Comp lawyers at Ochoa & Calderon. Schedule a free consultation today to discuss your case and explore your options. Contact us online or call 951-901-4444 for assistance in Riverside, or 844-401-0750 toll-free across Northern & Southern California.
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