San Jose Healthcare Workers Compensation Lawyer

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San Jose Healthcare Workers Compensation Lawyer

San Jose Healthcare Workers Compensation Attorney

San Jose’s healthcare workers put in long hours and make great sacrifices for patients. The nature of their job often means they have to interact with people who may be belligerent or even physically violent. Hospitals and healthcare clinics are full of infectious diseases that can strike nurses and other healthcare workers. The lawyers at Wiesner English, P.C., are dedicated to fighting for the rights of injured health workers. With the help of a San Jose healthcare workers’ compensation lawyer, you can receive monetary compensation for your work-related injuries.

A Look at Workers’ Compensation for Healthcare Workers

Millions of people work in healthcare in the United States, so it’s no surprise that those nurses, technicians, doctors, and hospital employees account for a sizable portion of people who file workers’ compensation claims every year. Many sectors of the healthcare industry are understaffed, which can place increased stress and pressure on the folks who provide important medical treatments for patients.

When a healthcare worker is injured on the job, worker’s compensation is the first place they look to for help. Under California law, anyone who owns a healthcare facility is required to purchase an insurance policy that covers work-related injuries. Healthcare workers are entitled to certain benefits under the state law that could include:

  • Reimbursement for medical costs associated with the work-related injury
  • Payments that compensate for missed time off work while the injured worker recovers
  • Money for retraining programs if needed
  • Compensation for therapy and other services
  • Temporary or permanent disability benefits

In a perfect world, workers’ compensation programs would quickly reimburse injured healthcare workers. Unfortunately, some insurance companies may fail to pay fair compensation, or they may reject a claim altogether. This is where a workers’ compensation lawyer can help. An attorney can hold the insurance company accountable and take legal action to compel them to disburse every penny you are entitled to under the provisions of the workers’ compensation plan.

Types of Injuries that Can Lead Healthcare Workers to File a Claim

Some types of injuries that healthcare workers experience are common in any workplace environment. A slip-and-fall injury, for example, can happen anywhere. Although the term slip-and-fall may sound innocuous, workers of any age can experience broken bones and other serious injuries if they fall at work.

Anyone who works with machinery can be injured if the machinery malfunctions or if equipment falls and hits someone. Nurses are often tasked with lifting heavy objects, which can lead to degenerative spine problems, pulled muscles, and other physical injuries that can be debilitating.

Other types of accidents are unique to the medical field. Although anyone can be assaulted while at work in San Jose, California, hospital employees work in stressful environments. Patients can become belligerent and uncooperative. In more extreme circumstances, hospital visitors and patients can physically assault hospital personnel, which can lead to serious physical harm. Most hospitals have security or law enforcement on site, but there is no way to protect every healthcare worker from danger.

Infectious diseases are another health hazard that is unique to hospitals and clinics. Patients often come in with symptoms of an infectious disease. Nurses and doctors take precautions to protect themselves from becoming infected, but there is never a guarantee that a viral or bacterial infection won’t make them sick. A minor cold can be handled with sick time or paid time off, but a serious ailment could require the worker to file a workers’ compensation claim.

Other possible injuries that could require the services of a San Jose healthcare workers’ compensation lawyer include repetitive stress injuries, back injuries, burns, and perforation injuries, among other potential types of injuries.

How Can a Workers Compensation Attorney Help Me?

Filing a workers’ compensation claim is not an easy process, and injured healthcare workers can benefit greatly from the help of an experienced workers’ compensation lawyer. Any missteps in the application process can lead to a rejected claim application or insufficient compensation. By letting our law firm handle your claim on your behalf, you can focus on recovery.

One of our attorneys will help you receive reimbursement for out-of-pocket expenses that you may have incurred. If you are eligible for Social Security disability benefits, we can help with that as well. If you have legal grounds for a third-party personal injury lawsuit because a visitor or patient harmed you, one of our attorneys can handle that claim as well. No matter what your workers’ compensation-related needs are, our law firm is here to take stress off your situation.


Q: How Much Do Workers’ Comp Lawyers Charge in California?

A: The lawyers at Wiesner English, P.C., work on contingency. This means there are no up-front costs, and you do not have to pay a type of deposit known as a retainer. When you are awarded a settlement, our law firm collects a percentage of that settlement as compensation for the time our lawyers put into your case. The contingency payment terms will be clearly defined by one of our lawyers early on in the process.

Q: What Is the 90-day Rule for Workers’ Comp in California?

A: The 90-day rule for workers’ compensation in California refers to the deadline that applies to workers’ compensation insurance carriers. The companies that issue workers’ comp policies must provide a decision on your claim within 90 days after you or your attorney submit your claim. If they do not approve, deny, or extend your claim within 90 days, your claim is approved by operation of law.

Q: How Long Does a Workers’ Comp Case Take to Settle in California?

A: When the insurance provider is cooperative, most claims take a few weeks or one month to settle. If the insurance company delays making a decision or does not provide a reasonable settlement offer, the case can take several months or longer to resolve. You are not obligated to accept an unfair settlement offer. Sometimes, taking legal action is worth the extra wait.

Q: How Much Is the Average Workers’ Comp Settlement in California?

A: Each workers’ compensation case is unique. Minor injuries may only require a few thousand dollars in compensation to help workers receive medical treatment, rest, and return to work. More serious injuries can lead to disabilities that can be temporary or permanent. Those types of cases could easily reach tens of thousands or hundreds of thousands of dollars.

Schedule Your San Jose Workers’ Compensation Consultation Today

Healthcare workers provide a critical service for our San Jose community, and they deserve prompt and fair compensation if they are injured on the job. You can streamline the workers’ compensation claim process and improve your chances of receiving a fair settlement offer by working with the attorneys at Wiesner English, P.C. To schedule your workers’ compensation consultation, contact our office today.


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