Bakersfield Workers' Compensation Lawyers

Practice Areas Bakersfield Workers’ Compensation Attorneys

Chain | Cohn | Clark employs the most well-respected Bakersfield workers’ compensation lawyers in the business. We have represented numerous individuals who have been injured while on the job over the years. Our senior partner James Yoro is the head of the firm’s workers’ compensation practice and is a Board Certified Workers’ Compensation Professional in California. Over the course of his career, James has recovered millions of dollars on behalf of his many clients who have been injured on the job. When you need a workers’ compensation lawyer in Bakersfield Chain | Cohn | Clark can help. To contact one of our Bakersfield workers’ compensation lawyers call (661) 616-9829 or visit our office at 1731 Chester Ave., Suite 100 Bakersfield, CA 93301

If necessary, our team can also help you file a third-party personal injury claim against another liable party. Workers’ compensation cases do not always address the full expenses of a severe injury. If someone else was responsible for causing the accident, you can recover benefits from them as well.

Workers’ Compensation Laws in CA

There are a few important laws that apply directly to workers’ compensation cases in Bakersfield. For example, the California workers’ compensation statute of limitations is one year from the date which the employee is hurt or recognizes their injury. This ensures that any cases which occur are recent and relevant. 

Another law that affects Bakersfield workers’ compensation proceedings is the insurance policy requirement. All employers in the state must have workers’ comp coverage in case of an accident. 

Types of Workplace Injuries in Bakersfield

When an employee sustains a work-related injury in Bakersfield, he or she may sustain a variety of injuries, including but not limited to physical injuries resulting from a specific event, hypertension, heart disease, and exposure to toxic chemicals or fumes. California workers’ compensation law is designed to ensure that employers provide coverage for medical care for any injuries an employee suffers while on the job, and in some cases, compensation for future disabilities that have been caused by the incident. If your employer is refusing to adequately accommodate you for injuries you sustained on the job, contact one of our Bakersfield workers’ compensation lawyers immediately. We can examine your case and discuss your options with you to get the compensation that you are owed.

That being said, the following are some of the workplace injuries we have noticed are more common:

• Back and neck injuries: The spine has many nerves and is essential to human mobility. Damage can result in extreme discomfort and—in extreme cases—paralysis. Benefits may be able to compensate for the loss in someone’s quality of life. 
• Construction accidents: Construction sites often have heavy machinery and equipment that can result in serious damage if it collides with someone. There are also scaffoldings and unfinished structures that create falling hazards.
• Vehicle accidents: If someone is injured while driving on company time, they will be eligible for compensation. In many cases, the victim can recover benefits from their employer and a third party that may have been responsible for causing the injury. 
• Severe head trauma: If the head is hit hard enough to damage the brain, it can permanently prevent someone from working. A person may experience severe head pain or even a traumatic brain injury (TBI). 
• Carpal tunnel: This is a nerve injury that causes tingling and numbness in your hand due to a contraction in your wrist. It can be permanent and prevent an employee from being able to do work with their hand(s). 
• Chemical exposure: Some jobs require employees to work directly with dangerous substances. Chemicals can burn the skin, harm the respiratory system, and more. Even if a company has safety protocols in place, they can still be held liable for chemical injuries. 
• Hand and finger injuries: If someone’s hand is crushed or they lose a finger, they may not be able to work for the rest of their life. In many lines of work, the hands are the primary tool to complete tasks, which puts them at a higher risk. 
• Hearing loss: Constant exposure to harsh noises can damage someone’s ears and make it harder for them to hear. In some industries, this can end a person’s career. Not to mention it can change a life forever to lose the ability to hear.
• Ankle, knee, and foot injuries: Any injury that affects a person’s mobility can impact their ability to earn a living wage. Especially if someone’s occupation requires them to move a lot. 
• Elbow and shoulder injuries: Similar to hand and finger injuries, pain in the elbow and shoulder can make it nearly impossible to complete simple physical tasks. These can occur from overuse or intense stressors.
• Repetitive motion injuries: Certain activities that seem harmless can cause lifelong injuries if not done with the proper precautions. Things like lifting, pushing, and bending can all result in bodily harm.
• Stress injuries: Extreme and consistent bouts of stress can warrant compensation. Emotional stressors can also lead to physical issues like headaches. 

Any injury that happens in the workplace or while on the clock may be covered under California workers’ compensation laws. Do not hesitate to reach out to a Bakersfield workers’ comp attorney if you have questions.

Reporting a Workers’ Compensation Accident in Bakersfield

To give yourself the best chance of winning a workers’ compensation case, you should report your injury or illness as soon as possible. Waiting to report can lead to questions about the severity of your injuries and potential holdups in the process. The exception to this would be a medical emergency.

The first and most important thing you should do after an injury is get to safety and receive the proper medical attention. If you need to go directly to the hospital or another medical facility, you can find time to report after and it will be justified. 

If you have the ability to report something quickly, an employer might be able to facilitate your meeting with a medical provider. This can reduce the friction between you and your employer by letting them have some control over the treatment. However, you want to be sure that you are receiving the proper level of care and the employer is not cutting corners to save money. 

Once you have notified your employer and filled out a Division of Workers’ Compensation Form 1, the employer will need to pass that information along to their insurance. An injury adjudication claim must also be filed within one year for the case to be officially recorded. 

Legal Employment Rights in California

Before you proceed with a workers’ comp claim in Bakersfield, you should be aware of the rights provided to you by the state. 

All workers are entitled to the following rights under California law:

• File a workers’ compensation claim
• Receive medical treatment
• Return to the original job
• Receive reasonable accommodation in the workplace
• Be evaluated by a neutral doctor
• Settle a case
• Earn temporary or permanent disability benefits
• Sue at-fault third parties in civil court
• Choose and maintain a workers’ comp attorney
• Appeal decisions made about health, treatment, or benefits

Some businesses or companies may try to take advantage of your inexperience and ignore your rights. An experienced Bakersfield workers’ compensation lawyer will combat intimidation and manipulation tactics to earn you the full range of benefits you deserve.

Workers’ Compensation Insurance Benefits in Bakersfield

A good workers’ comp attorney in Bakersfield will help you earn the full range of benefits you are entitled to. Some employers may make the process more difficult than it needs to be in order to pay you less money. Below are some of the compensatory damages workers’ compensation can cover:

• Medical expenses: Any cost associated with treatment for your injury should be compensated by workers’ compensation. This includes the cost of surgeries, medications, counseling, physical therapy, rehabilitation, diagnostic testing, and transportation to/from medical facilities.
• Temporary disability benefits: If a worker is injured for a limited time, they are compensated for the work that they miss until they return. 
• Permanent disability benefits: When somebody receives a permanent injury that has healed as much as possible and still prevents them from working, they will be compensated for any limitations or residual symptoms that remain. 
• Lost financial support: These benefits are meant to make up for the money a worker would have given to their dependents, especially in cases where the dependents were relying on that income. 
• Retraining benefits: Depending on how long somebody is out of work from their injury, they may need to be retrained upon returning to the job. The cost of this training should be included in a workers’ compensation lawsuit. 
• California Return-to-Work Supplement Program: The Return-to-Work Supplement Program provides employees who are displaced from working with a one-time payment of $5,000. 

You do not pay a lawyer at Chain | Cohn | Clark unless you win. This contingency fee mindset incentivizes our team to fight for you. Our Bakersfield workers’ compensation lawyers are also capable of assisting you if there is a third party that shares fault in your injury case. 

Work Related Injury in Bakersfield Case Results

• $4.5 million
• $1.13 million
• $1 million

Third-Party Claims

In some workers’ compensation cases, you may be able to file an additional third-party claim if a person or entity aside from your employer also contributed to or caused your injuries. This is somebody who was not directly involved in the accident but played a role in causing something to go wrong. 

In California, an injured worker could pursue damages from any of the following parties in addition to their employer: 

• Manufacturers of defective products
• Property owners of dangerous environments
• Subcontractors who created risky situations
• Bakersfield (the city of)

Injured employees cannot pursue no-fault benefits from their employers as per California workers’ compensation laws. When an employee agrees to workers’ compensation benefits, they can no longer sue their employer. 

However, a workers’ compensation lawsuit does not prohibit someone from pursuing further damages from one of these third parties. Depending on the specifics of your case, you may be eligible for financial compensation through workers’ comp insurance and a civil lawsuit against another party. 

Recovering benefits in a lawsuit with multiple guilty parties can be complicated. Our Southern California workers’ compensation attorneys will use their skills and experience to help you get what you deserve in both cases. 

Chain | Cohn | Clark will harness all necessary resources to prove the circumstances of your injury. We will hire experts and investigators who understand the workers’ comp third-party claim process. 

It doesn’t matter if you are hurt from burns, transportation accidents, falling objects, electricity, exposure to dangerous substances, or falling; if there is a third party involved, we will make sure that they are held accountable for their actions.

Our Results

Will workers’ compensation benefits cover my full salary?

In California, workmans’ comp benefits cover two-thirds of your gross weekly earnings with a maximum and minimum limit that changes yearly. In 2022, the most you can earn through temporary and permanent disability benefits is $1,539.71 per week and the least you can earn is $230.95 per week. 

On the other hand, you are eligible to have your full salary covered in a personal injury case. If you are given the option, you should consult a work injury lawyer in Bakersfield to determine whether personal injury or workers’ compensation is better for you.

When should I notify my employer of an injury or illness?

In California, you are required to report your injuries within 30 days if you wish to be eligible for workers’ compensation benefits. The authority you reported to—typically your employer—will then have 10 days to file a claim with the insurance company. 

Similar to the statute of limitations, you should report as soon as possible even though you have a longer period of time. Any delay in the process will only lead to future delays. In addition, if you wait to report your injury or illness, your employer may be able to argue that it was not that painful. 

How long can I stay on workers’ comp in California?

Within five years of your injury, you are only supposed to have workers’ compensation benefits for up to 104 weeks (2 years). Very serious injuries can increase that limit to 240 weeks (just over 4.5 years) of benefits. And if your injuries are permanently disabling, you can sometimes earn benefits for life. 

Can I get fired for filing a workers’ compensation claim?

Employers are not legally allowed to terminate employees for requesting compensation. This is considered retaliation, which is illegal in California. However, you may be fired if your injuries prevent you from performing your job duties. If this is the case, your employer will need to pay you lost wages and potentially cover new job training expenses. 

How much is my case worth?

Settlements can range anywhere from a couple of thousand dollars to upwards of $100,000. And more severe injuries with catastrophic or permanent results will lead to more substantial compensation. An experienced Bakersfield workers’ compensation lawyer will be able to provide a ballpark estimate once they get the details of a case.

Chain | Cohn | Clark Can Help You Recover Compensation

Our firm has decades of practice representing residents in Bakersfield and the greater California area around Kern County. Other big-city law firms won’t give you the same attention and moral support that we will. Chain | Cohn | Clark is structured to help you get the benefits you are entitled to. 

Fill out our online form for a free case evaluation to get started on the path to compensation today.

NOTICE: Making a false or fraudulent Workers’ Compensation claim is a felony subject to up to 5 years in prison or a fine of up to $150,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.