Have You Been Injured At Work?

Why You Need a Workers' Compensation Attorney

When someone is injured in a workplace accident, employers and insurance carriers look for every possible way to deny or minimize the legitimate claims of an injured worker. With the passage of the SB 899 Workers' Compensation Reform Act, protecting the rights of injured workers has become even more difficult. A Bakersfield workers' compensation lawyer should be contacted immediately after any serious work-related injury.

• Were you injured at work?
• Do you need medical treatment for back or neck injuries?
• Do you need physical therapy to completely recover from your injuries?
• Do you suffer from repetitive stress injuries, such as carpal tunnel?
• Are you a victim of wrongful termination because of a job injury?

The workers' compensation insurance carrier and your employer want your injury to cost them as little as possible in terms of both money for medical treatment and time away from work. It is important to remember that the insurance company handling your claim is not your insurance company. It is your employer's insurance company. The claims adjuster working on your case, who is an insurance company employee, has one goal: to pay out the least amount of money possible and to provide the cheapest medical care possible. That is why the insurance company will often insist that you see one of its doctors, a doctor the insurance company knows will write a bad report for you and thus save the insurance company money. If the claims adjuster can find a way to deny your claim altogether in order to pay you nothing, he or she will do so - no matter how badly you are injured.

Areas of Practice

Workers' Comp Process Very few people understand the workers' comp process. Any failure to document any aspect of a claim can result in reduced or denied benefits. Protecting the rights of injured workers is a vital area of California law, and The Law Office of Wm. Todd Berry, APC can help. Read more about the workers' comp process ...

Rights of Injured Workers Both state and federal laws protect the rights of injured workers. This does not mean that you couldn't face serious difficulties in getting their valid workers compensation claim paid. Your employer pays insurance premiums, and the more claims against them, the higher their rates. Some employers exert undue influence on the injured, such as asking them not to file a claim, or disputing a valid claim. Read more about the rights of injured workers...

Benefits of Workers' Compensation What benefits could you claim after a work-related injury? Any workers' compensation claim must be carefully documented. It may be necessary to seek a second medical opinion if you are asked to return to work before you are fully recovered. You deserve certain types of compensation under the law. Read more about benefits of workers compensation...

Denial of Workers' Compensation Have you filed a claim and had it contested or denied? It may be necessary to seek help to file an appeal. When a valid workers' comp claim is denied, we urge you to contact our firm so we can review the situation. Our legal team includes a former workers' compensation judge, and we can quickly determine how best to address the situation. Read more about denial of workers' compensation...

Denial Appeals The insurance company that is handling your claim is not YOUR insurer. They represent your employer. The claims adjuster has the duty to help the company in paying out as little as possible, and this can include a denial of any benefits at all, no matter how seriously injured you are. Read more about denial appeals...

Workers' Comp Settlements Under certain circumstances, an injured worker could be offered a lump sum settlement instead of monthly benefits. This allows the insurance company to save money in cases in which severe injury or permanent disability is the result of a workplace accident. Any settlement should be negotiated with the help of our attorney, as it is crucial that it is determined whether the settlement offer is truly in your best interests or not. Read more about workers' compensation settlements...

What do I do after I am injured at work? After any work related injury or illness, whether mild or severe, the process must be managed correctly if you hope to recover benefits. The first step is to report the injury or illness to your supervisor immediately. Keep copies of everything, including any transportation costs, medication or any other related costs. Read more about what to do after an injury at work...

Temporary Disability If you are unable to work while recovering from a job-related injury or illness, you have the right to seek temporary disability benefits. These benefits continue until you return to work, or when you have recovered from the injury or illness to the degree that is possible. Your benefits could then become permanent, or you could return to work. These benefits under the law are two-thirds of your weekly salary, up to a limit. Read more about temporary disability...

Permanent Disability When a work-related injury or illness results in permanent disability, you may qualify for permanent disability benefits. Even if you return to work and are able to perform another function at your place of employment, if you have a diminished earning capacity through the injury or illness, you may still be eligible to permanent disability benefits. Read more about permanent disability...

Other Types of Benefits If you suffer an injury or illness, or have developed a condition through your employment, you have the right to reasonable medical care, or lifetime medical care in some serious cases. The care could include medical treatment, hospital costs, chiropractic care, nursing care, medications, canes, hearing aids and other benefits. Read more about other types of benefits...

Types of Injuries The injuries could include those that are the result of a single incident, termed "specific injury". There are other types of injuries such as repetitive motion injuries from performing the same task, over and over, such as back injuries from lifting, carpal tunnel syndrome. There are also job-related toxic exposures that lead to injury, illness, or even death. Read more about types of injuries...

Types of Jobsite Accidents There are many types of accidents that can take place on the job, including trip and fall, construction site accidents, auto or truck accidents, explosions, falling objects and any other type of injury accident that takes place through your work duties. Read more about types of jobsite accidents...

Insurance Responsibilities The insurance company has certain legal responsibilities with regard to paying legitimate workers' compensation claims. If they fail to do so, they could face legal action. Understanding what the workers' compensation insurance company you are dealing with has the legal obligation to provide is an important part of filing a claim. Read more about insurance responsibilities...

Why Hire a Workers' Comp Lawyer? Yes, you can file a claim without legal assistance. The problems arise when you don't fully understand what benefits you could be able to claim. As the insurance company and their employees are representing your employer - not you - you could lose certain types of benefits merely through a lack of understanding of how to navigate the system. Read more about why hire a workers' comp lawyer...

Wrongful Termination In cases in which an employee was wrongfully terminated, legal action should be taken. There are limits to what an employer has the legal right to do, including in "at-will" contracts. If the termination was the result of the employee refusing to take an action that was illegal, or violates public policy, the individual may have the right to recover damages for the action. Read more about wrongful termination...

It is our job to make sure you get the medical treatment you deserve and the recovery time you need. At our workers' compensation law firm, we focus on your needs, your injuries and your recovery. If you have been injured at work, contact our firm in Bakersfield for a free consultation. We will listen to your situation and give you a realistic evaluation of your case. There will not be a charge for our services unless we are successful on your behalf. The Law Office of Wm. Todd Berry, APC, serves clients throughout the Central Valley of California, including Bakersfield and Fresno as well as Tulare and Visalia.

Contact a Fresno workers' compensation attorney from our firm for immediate legal counsel in workers' compensation claims.