Fremont Workers’ Compensation Lawyer

Fremont Workers’ Compensation Attorney

Although workers’ compensation insurance is intended to protect injured workers and give them the benefits they need to heal, it can often be challenging to obtain it. If you’re trying to collect workers’ compensation benefits in the Fremont area, a skilled Fremont workers’ compensation lawyer from Wiesner English, P.C. can assist you in navigating the process and securing the compensation you need.

About Wiesner English, P.C.

At Wiesner English, P.C., our devoted attorneys have more than 20 years of experience protecting the rights of injured workers across California. Our in-depth understanding of state workers’ compensation and employment laws gives us a powerful advantage when helping our clients secure benefits. Our dedicated lawyers can assess your case, help you file a strong claim, and help you appeal decisions if your request is denied.

Understanding Workers’ Compensation Benefits in California

Section 3700 of the California Labor Code states that employers in California must pay for workers’ compensation insurance. If a covered employee is injured on the job, they can receive benefits such as compensation for medical care, lost wages, and more. Data from the California Department of Industrial Relations shows that there were 30,117 first reports of injury in Alameda County in 2024, suggesting a 3.5% injury rate.

In California, workers’ compensation is a no-fault system. This means your eligibility for benefits doesn’t change even if you are partially responsible for your injury. However, you may not qualify if you were performing reckless or illegal actions. Because workers’ compensation is no-fault, California workers generally cannot hold their employers liable for their workplace injuries.

What Benefits Can I Get Through Workers’ Compensation in Fremont?

The workers’ compensation benefits you’re eligible for depend on the nature of your injury, whether you have to miss work, and more. Benefits can include compensation for:

• Medical care, including any treatments, doctor’s visits, and surgeries needed to treat your injury
• Temporary disability, which covers lost wages while you recover
• Permanent partial or total disability, which offers compensation for long-term or permanent injuries
• Supplemental job displacement benefits, which can include work retraining for disabled employees who can’t return to their previous roles
• Death benefits for surviving family members who lost a loved one they financially depended on

Filing for Workers’ Compensation Benefits in Fremont

If you get hurt at your Fremont workplace, it’s important that you take the proper steps to protect yourself and your future claim. To file a strong workers’ compensation claim in California, you should:

• Report Your Injury to Your Employer. You should report your injury to your supervisor immediately. The window for reporting is generally 30 days; if you miss it, you might lose your entitlement to benefits.
• Seek Medical Treatment. You should seek emergency treatment immediately if needed, and make sure to inform the medical staff that your condition is work-related. Retain all bills and any other documentation you receive. If you don’t need emergency attention, you should still go see a doctor who can evaluate you for any unnoticed injuries.
• File a Workers’ Compensation Claim. Your employer is required to give or send you a workers’ compensation claim form within one business day of your injury report. You should fill it out and return it as soon as possible. Once you file, your employer will give the form to a claims administrator at their insurance company.
• Wait for Your Claim to Be Reviewed. The claims administrator is responsible for deciding if your claim will move forward within a reasonable timeframe. While you’re waiting, an insurer will usually pay for up to $10,000 in medical treatment. If you can’t work, you can also request temporary disability benefits within 14 days of when the insurer learns of your condition.

If the claim is denied, you have the right to appeal by filing a case at the Division of Workers’ Compensation Office serving your area. For Fremont, that’s the Oakland office.

Why Should You Hire a Workers’ Compensation Lawyer in Fremont?

Workers’ compensation insurance is a notoriously convoluted system, making it crucial that you hire a workers’ compensation lawyer who has the knowledge and experience needed to help you secure the benefits you’re entitled to. A skilled attorney from Wiesner English, P.C. can handle all aspects of your case, from filing the initial claim to litigating an appeal. We have helped employees across get the benefits they need to heal and move forward from their injuries.

FAQs About Fremont, CA Workers Compensation Laws

What Injuries Are Eligible for Workers’ Compensation in California?

Generally, any injury in the workplace may be eligible for workers’ compensation, especially if it requires medical treatment. Common injuries covered by workers’ compensation insurers include broken and fractured bones, severe lacerations, head trauma and concussions, spinal cord damage, and more. This insurance may also cover psychological injuries and illnesses related to harmful exposure.

When Should I Consult an Attorney After a Workplace Injury in California?

It can be useful to consult a workplace injury lawyer as soon as possible after you suffer an injury at work. If you plan to claim workers’ compensation benefits, you will have to comply with numerous deadlines, and finding an attorney early in the process can help keep you on track. Additionally, an attorney can negotiate with insurance companies and represent you if your claim is denied.

What Is the Average Workers’ Compensation Settlement in California?

It’s important to understand that the size of a workers’ compensation settlement in California can vary largely depending on the nature of the injury being compensated. The National Safety Council reported a relative average of $47,316 for claims filed in 2022-2023. However, the amount you receive will depend heavily on the nature of your injury.

What Should You Do If Your California Employer Doesn’t Have Workers’ Compensation Insurance?

If your employer is uninsured, you can apply for workers’ compensation benefits through California’s Uninsured Employers Benefits Trust Fund (UEBTF). Because California employers are legally required to have workers’ compensation insurance, you may be able to take additional action if your employer violated your rights by not having coverage.

Contact a With a Fremont Workers Compensation Lawyer at Wiesner English, P.C., Today

If you need support with your workers’ compensation, you can trust the experienced attorneys at Wiesner English, P.C. to advocate for you and provide you with support as you navigate proceedings. Contact Wiesner English, P.C. to request your initial consultation today. Our office is located near Fremont, in San Jose, and we serve clients throughout California.