At Wiesner English, P.C., our experienced Fresno workers’ compensation lawyers advocate fiercely for injured workers who are navigating the complicated workers’ compensation system. With decades of combined experience handling workers’ compensation cases, we understand how overwhelming workplace injuries can be. Our team can help alleviate the stress of the legal process so you can focus on healing.
Common Workplace Injuries Covered by Workers’ Compensation
The U.S. Bureau of Labor Statistics reported over 363,000 nonfatal occupational illnesses and injuries in California in 2023. Of these, 236,700 were considered of a more severe nature. These injuries occurred at a rate of 2.0 per 100 full-time workers, compared to the U.S. average of 1.5 per 100.
Workers suffer a qualifying injury when their physical or mental health is negatively impacted by their job. This can happen in a single incident, such as an accident, or develop over time from stress and exposure. Whether the injury occurs while actively performing job duties or simply being present in the workplace, it may qualify for workers’ compensation benefits.
Common Workplace Injury Cases
- Slip and fall accidents. Slip and fall accidents are responsible for missed workdays and on-the-job fatalities. Hazards, such as wet floors, obstructed walkways, and elevated workspaces, like ladders and scaffolding, can increase the risk of falls.
- Vehicle-related accidents. A lot of jobs require driving or working near a moving vehicle. If a third party is involved, you may be able to file a personal injury claim in addition to your workers’ compensation case.
- Machinery and equipment accidents. Workplaces that rely on heavy machinery or specialized tools present additional risks for workers.
- Repetitive strain injuries. Not all work injuries result from a single traumatic event. Many develop over time from repeating the same tasks. Some examples include carpal tunnel syndrome, tendinitis, or musculoskeletal disorders.
- Exposure to harmful substances and conditions. Some environments may expose workers to toxic chemicals, airborne contaminants, or loud noises.
Workers’ Compensation Laws in California
California law requires qualifying employers to carry workers’ compensation insurance and to cover injuries that occur in the course of employment. You don’t have to prove fault to receive benefits.
The key benefits available through the workers’ comp system include:
- Medical treatment. Includes doctor visits, surgery, medication, and therapy
- Temporary disability payments. Wage replacement while you recover and cannot work
- Permanent disability benefits. If your injury causes lasting impairment
- Supplemental job displacement benefits. Vouchers to retrain if you cannot return to your previous type of work
- Death benefits. Payments to dependents of a worker killed on the job
The Workers’ Compensation Process in Fresno
Filing and pursuing a workers’ compensation case in Fresno involves several critical steps.
Report the Injury
Notify your employer as soon as possible after your injury occurs. Failure to report can mean forfeiting your rights to benefits.
File a DWC-1 Claim Form
Your employer must provide you with this form. Submitting this starts the formal claims process.
Get Medical Care
You have the right to receive care from a doctor within your employer’s medical provider network, unless you have pre-designated your own physician.
Investigation and Response
The insurance carrier can accept or deny your claim. If they delay or deny, we can request an expedited hearing.
Evaluation and Benefit Determination
You may be sent to a Qualified Medical Evaluator to assess your injury. The outcome affects your benefit amount, so legal representation is important.
Resolution or Litigation
We strive for fair settlements. But, if necessary, we are prepared to confidently represent you at trial before a workers’ compensation judge.
What if You Are Denied Workers’ Compensation?
Too many valid workers’ compensation cases are wrongly denied.
Some of the common reasons include:
- The insurer claims your injury didn’t happen at work.
- You missed a deadline, or the paperwork was incomplete.
- There is a dispute over pre-existing conditions.
- The insurer claims your condition doesn’t require treatment.
Don’t panic if your claim is denied. Wiesner English, P.C. can file for a hearing and represent you in front of a judge. We collect evidence, question witnesses, and cross-examine the insurer’s experts to get your claim back on track.
Why Choose Wiesner English, P.C.?
Wiesner English, P.C. holds a deep understanding of California workers’ compensation laws. With over two decades of cumulative experience advocating for clients who have suffered workplace injuries, no case is too complex.
Our exceptional legal team stays up to date on every development in state laws and protects your rights to maximize your benefits. We tailor our legal approach based on your injury, job role, and long-term goals. Our team explains your rights plainly and keeps you updated at every step.
Fresno, CA Workers’ Compensation Laws FAQs
How Much Do Fresno Workers’ Compensation Attorneys Charge in California?
Workers’ compensation lawyers in California are generally paid on a contingency fee basis. However, fees are subject to approval from the Workers’ Compensation Appeals Board. If you win your case, the lawyer is paid a percentage of the settlement award. If you don’t receive a favorable outcome, the attorney may not require payment.
The attorneys at Wiesner English, P.A. never require upfront payment. We are dedicated to being there when you need it most, and won’t require payment unless we win your case.
Is Suing Workers’ Comp Worth It?
Filing a claim against a workers’ compensation insurance provider or employer can be worth it if your legitimate claim is denied or undervalued. In some cases, workers’ comp is your exclusive remedy, which means you cannot file against your employer in civil court. You can file a case with the Workers’ Compensation Appeals Board at 2550 Mariposa Mall in Fresno to challenge denied claims. Our dedicated workers’ comp attorneys can assist you.
What Is the New Law for Workers’ Comp in California?
Recently, California passed laws that expanded access to workers’ comp for public safety workers, including presumptive coverage for PTSD, cancer, and other conditions. Senate Bill 623 extended the dates for PTSD presumptions for firefighters and peace officers. There has also been more emphasis placed on mental health support within workers’ comp cases as well.
Hire a Workers’ Compensation Lawyer
Contact us today to schedule a consultation. Let us fight for the compensation you are entitled to while you put your energy toward recovering from your injury.
