Oakland Workers’ Compensation Lawyer

Oakland Workers’ Compensation Attorney

Everyone has the right to feel safe at their place of employment, but this is unfortunately not always the case. Accidents and negligence can lead to long-lasting ailments, leaving workers without the funds or know-how to manage their injuries or illnesses. Fortunately, with the help of an Oakland workers’ compensation lawyer at Wiesner English P.C., you do not need to face this alone. Instead, you can get guidance and advocacy as you pursue financial compensation.

An Overview of What Qualifies for Workers’ Compensation in Oakland, California

Before you look into hiring an Oakland workers’ compensation lawyer, you may benefit from learning more about what the Golden State considers a workplace injury, what makes you eligible for workers’ compensation, and how choosing the right lawyer can help you in your pursuit of justice and compensation.

According to the U.S. Bureau of Labor Statistics, there were roughly 2,569,000 reported cases of non-fatal workplace injuries in the private industry in 2023. This means that over two million people are suffering from either injuries or illnesses related to their vocational livelihood. Some ailments are more common than others.

The Occupational Safety and Health Administration (OSHA) and the National Safety Council (NSC) have determined that some of the more common types of workplace injuries include the following examples:

• Occupational illnesses: This term describes the kinds of illnesses that can develop from prolonged or momentary exposure to potential hazards in your workplace, including damage from toxic substances, cancer from unhealthy chemicals or working conditions, and lung diseases, such as asbestosis or black lung.
• Repetitive stress injuries: Repetitive stress injuries can develop over time and are often caused by repeated movements or consistent overexertion. This includes back and neck pain, hearing loss from being around loud machinery, tendonitis, bursitis, and carpal tunnel syndrome, to name a few.
• Traumatic injuries: An injury is considered traumatic when it occurs suddenly and immediately because of an accident. This can include slips, being crushed by machinery, electrical burns, lacerations, trips, punctures, chemical burns, fractures, cuts, heat burns, broken bones, and falls.
• Mental and emotional injuries: Some jobs can result in psychological injuries due to experiencing a traumatic event at your place of employment. This can include severe stress or anxiety caused by work-related trauma and PTSD from an intense or even violent incident at your job.

OSHA has also determined the fatal four incidents, which are known for commonly causing workplace fatalities. In 2023, there were 5,283 fatal work injuries reported in the United States, the majority of which were caused by either getting crushed between objects, falls, electrocution, or being struck by equipment or an object.

What Types of Injuries Are Not Covered by Workers’ Compensation in California?

While it is unfortunate, not every kind of workplace injury is considered eligible for workers’ compensation. This is mainly due to the circumstances surrounding the cause of the illness or injury, such as the following:

• The employee was engaging in unlawful activities at the time of the incident.
• The injury occurred while an employee was intoxicated or under the influence of drugs, causing the incident.
• The employee was not actively on company time when they suffered the injury.
• The injury was self-inflicted, which can include sustaining injuries after initiating a fight with a coworker.
• The employee disregarded company policy or safety rules.
• One party intentionally inflicted harm upon another individual.

It is also important to note that workers’ compensation generally does not apply to contractors or subcontractors. This means that if you are not an employee, your lawyer may advise you to pursue compensation from the responsible party directly instead of the employer.

Why Should I Hire a Workers’ Compensation Lawyer in Oakland, California?

When you hire a workers’ compensation lawyer, you can receive the added support your case needs. Should your claim be denied, your attorney can represent you and fight for your rights and desired outcome at the Oakland District Office of the California Division of Workers’ Compensation. This can allow you to focus on your recovery and/or adjusting to your new life after a workplace incident.

FAQs About Oakland, CA Workers’ Compensation Laws

How Much Does It Cost to Hire a Workers’ Compensation Lawyer in California?

In California, it is common for the cost of hiring a workers’ compensation lawyer to vary due to the influence of unique variables. Some variables include the lawyer’s experience and fee structure, the overall level of complexity your case presents, and the amount of time your case needs to resolve. Our firm represents clients on a contingency fee basis, meaning we do not get paid unless you do.

How Can I Get the Most Out of a Workers’ Compensation Settlement in California?

Some of the smartest ways that you can maximize your workers’ compensation settlement are by making your employer aware of your injury or illness, seeking medical assistance right away, and filing your workers’ compensation claim as soon as you can. Keeping detailed documentation and reports of everything can also help your case.

Do I Need a Workers’ Compensation Lawyer to File a Claim in California?

While it is perfectly legal to file your workers’ compensation claim alone in California, many individuals have found that hiring a workers’ compensation lawyer can be incredibly helpful and even increase the likelihood of a successful outcome for your case. Your lawyer can help reduce the confusion and stress of dealing with a workers’ compensation claim.

How Long Will My Workers’ Compensation Case Take to Settle in California?

How long your workers’ compensation case takes to settle depends on several elements of the case. Each workers’ compensation case is different, which means that timelines tend to vary. Your specific timeline can be impacted by the severity of your injury, the scheduling conflicts of the other parties involved, and the complexity that your case presents.

Why Should I Choose Wiesner English, P.C., for My Oakland Workers’ Compensation Case?

At Wiesner English, P.C., we believe in helping fellow hardworking Americans who have had the misfortune of experiencing a workplace injury or illness. With over 20 years of combined experience and plenty of grateful clients, we have managed to recover over $80 million for California victims just like you.

Contact Wiesner English, P.C., today to schedule a consultation and discover what we can do to help you.