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.
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.
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:
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.
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.
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:
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.
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:
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.
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:
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.
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.
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.
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