The post What’s The Difference Between Workers’ Compensation and Personal Injury Claims? appeared first on Glauber Berenson Vego, LLP.
]]>Understanding the differences between these two legal options is crucial for making informed decisions about pursuing one. The team at Glauber Berenson Vego will explore the key differences, eligibility criteria, fault requirements, and the types of injuries covered by each claim.
Workers’ compensation is a state-regulated insurance program that provides benefits to employees who suffer injuries or illnesses in the course of their employment. To be eligible for workers’ compensation benefits, the following criteria must be met:
Workers’ compensation is a no-fault system, meaning the injured employee does not have to prove that their employer was at fault. As long as the accident or injury occurred while the employee was on the job, they are generally entitled to workers’ compensation benefits.
On the other hand, a personal injury claim requires the plaintiff to prove that the defendant was at fault for their injuries. In a personal injury case, fault is determined by negligence. Negligence occurs when someone fails to exercise reasonable care, resulting in injury to another person.
Workers’ compensation covers injuries or illnesses that occur during the course of employment, regardless of who was at fault. This can include slip-and-falls, repetitive motion injuries, occupational diseases, and other workplace injuries.
A personal injury claim, however, covers injuries sustained due to another party’s negligence. This can include car accidents, medical malpractice, product liability, premises liability, and more.
The scope of compensation available through workers’ compensation and personal injury claims also differs significantly.
In a workers’ compensation claim, the injured employee is entitled to medical expenses, lost wages, and disability benefits. Disability benefits are usually paid out in weekly installments and are designed to compensate the employee for lost wages due to their injury or illness.
In a personal injury case, the plaintiff may be entitled to a broader range of damages, including medical expenses, lost wages, compensation for pain and suffering, emotional distress, and other non-economic losses.
To better illustrate the differences between these two legal options, let’s consider some real-world examples:
These real-world examples illustrate the differences between workers’ compensation and personal injury claims. No matter the type of accident or injury, it’s important to understand your legal options and seek the appropriate compensation for your losses.
Whether you’re eligible for workers’ compensation benefits or need to pursue a personal injury claim, consulting with a qualified attorney can help ensure that your rights are protected and that you receive the compensation you deserve.
Workers’ compensation and personal injury claims are two legal options available to those who suffer injuries due to accidents. While workers’ compensation covers injuries sustained on the job, personal injury claims cover injuries due to another party’s negligence. Understanding the key differences between these legal options is crucial for making informed decisions about which one to pursue. If you’re unsure which option is best for you, it’s always recommended to consult with a qualified attorney who can guide you through the process.
Our attorneys at Glauber Berenson Vego are ready to help you in various aspects of your case, including filing your initial claim, appealing a denied claim or early termination of benefits, accessing treatment, and more.
Our attorneys at Glauber Berenson Vego are ready to help you in various aspects of your case, including filing your initial claim, appealing a denied claim or early termination of benefits, accessing treatment, and more.
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]]>The post Can Seasonal Employees Get Workers’ Compensation Benefits? appeared first on Glauber Berenson Vego, LLP.
]]>Workers’ compensation benefits are designed to help employees who sustain injuries or develop illnesses due to their job. These benefits can cover medical expenses, lost wages, and rehabilitation costs. However, whether or not seasonal employees are eligible for these benefits depends on several factors:
First and foremost, it’s essential to determine whether or not you are considered an independent contractor as opposed to a regular part-time or full-time employee. Independent contractors are not entitled to workers’ compensation benefits, as they are considered self-employed. If you are an independent contractor, having a valid contract to establish your status is important to avoid confusion.
Assuming you are not an independent contractor, you may still be ineligible for workers’ compensation benefits if your employer does not consider you an official employee. However, you may be entitled to workers’ compensation benefits if you are designated as an employee and become injured while performing work-related duties.
The specific laws and regulations regarding workers’ compensation benefits for seasonal employees can vary from state to state. In some cases, seasonal employees may be required to work a certain number of hours or days in order to be eligible for these benefits. It’s important to consult with an experienced workers’ compensation attorney to ensure you understand your rights as a seasonal employee.
Hiring an experienced workers’ compensation attorney is essential for anyone injured on the job. These attorneys can help you navigate the complex legal system and ensure you receive the compensation you deserve. They can also help you communicate with your employer and insurance company to ensure everything is handled properly.
Whether or not seasonal employees are eligible for workers’ compensation benefits depends on several factors. It’s important to know your rights as a seasonal employee and consult with an experienced workers’ compensation attorney for guidance.
If you are interested in speaking with or hiring an attorney, know that at Glauber Berenson Vego, our experienced workers’ compensation lawyers are ready to advocate for your immediate and long-term needs.
Contact us today at (626) 605-2450 for a FREE, no-obligation consultation with one of our Glendale workers’ compensation lawyers, or fill out this short form.
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]]>The post Why Social Media and a Pending Workers’ Compensation Claim Don’t Mix appeared first on Glauber Berenson Vego, LLP.
]]>It’s no secret that insurance companies and employers are always on the lookout for information that can be potentially harmful to your case. They can utilize social media to gather information about you and then use this information against you to reduce or deny your claim. Even if your social media account is set to private, someone connected to your case can access your information, including your posts, pictures, and videos.
If you post something on social media that contradicts what you’ve said in your claim, it’s likely to raise red flags. For example, if you make a claim for a lower back injury and then post a picture of you on a ski trip, the insurance company or employer may argue that your injury isn’t as severe as you claim it to be. These inconsistencies can hurt your credibility and the strength of your case.
Many employers and insurance companies have investigators who look into workers’ compensation claims by using surveillance footage from social media accounts. They’re looking for evidence that the person claiming benefits has not been truthful about their injury. Therefore, one should avoid posting anything, as even the simplest of posts could be misinterpreted.
Posting about your employer, colleagues, or coworkers can be harmful to your case. For instance, if you post something complaining about your employer or comment on a friend’s post who has a similar injury, it could affect your claim’s outcome. Insurance companies can use your statements about the company against you, suggesting that your injury wasn’t a work-related accident.
Social media and a pending workers’ compensation claim don’t mix. Insurance companies and employers will do anything within their power to discredit the case and reduce their payout. Therefore, it’s important to avoid posting anything that could be potentially harmful to your case.
Remember, anything you post on social media is public, no matter how private you believe it is. By hiring an experienced workers’ compensation attorney, you can avoid social media blunders and ensure that your claim is not jeopardized. An attorney will help ensure that you get the compensation you deserve.
At Glauber Berenson Vego, we make it our mission to help our clients secure their needed benefits. Learn more about how we can help with workers’ compensation claims or schedule a consultation by calling (626) 605-2450 or visiting our website.
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]]>The post Common Myths About Workers’ Compensation: Debunking Misconceptions appeared first on Glauber Berenson Vego, LLP.
]]>Debunked: Workers’ compensation is a no-fault system, meaning that benefits are generally provided regardless of who is at fault for the injury or illness. The main purpose of workers’ compensation is to provide financial and medical support to employees who are injured or become ill due to their job, without the need for lengthy and costly litigation.
Debunked: In most cases, part-time and temporary employees are still eligible for workers’ compensation benefits. The coverage typically applies to all employees, regardless of their employment status, as long as they are classified as employees and not independent contractors.
Debunked: While many work-related injuries do occur on the job site, workers’ compensation also covers injuries and illnesses that arise from work-related activities outside the physical workplace. This can include injuries sustained during business travel, work-related training, or even certain social events sponsored by the employer.
Debunked: It is illegal for an employer to retaliate against an employee for filing a workers’ compensation claim. If you experience retaliation or wrongful termination as a result of reporting a work-related injury or illness, you may have additional legal claims against your employer.
Debunked: While it’s true that not all workers’ compensation claims require legal representation, having an experienced attorney on your side can be invaluable. Workers’ compensation laws can be complex, and navigating the process without a knowledgeable advocate may lead to missed benefits or a denied claim. An attorney can help you understand your rights, ensure your claim is filed correctly, and fight for the benefits you deserve.
Workers’ compensation is an essential safety net for employees who experience work-related injuries or illnesses, but misconceptions can prevent workers from fully understanding and accessing their benefits. By debunking these common myths, we hope to empower injured workers in Glendale to seek the support and benefits they deserve. If you or a loved one has been injured on the job, don’t hesitate to reach out to our experienced workers’ compensation attorneys for a consultation.
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]]>The post The Top 10 Questions People Ask About Workers’ Compensation appeared first on Glauber Berenson Vego, LLP.
]]>If you or someone you know recently suffered an injury while working, it is crucial to understand your rights and available options when filing a claim. But where do you start? Continue reading to learn the answers to the top ten most frequently asked questions about workers’ compensation in California.
Workers’ compensation is a form of insurance that provides wage replacement and medical benefits to employees who experience a work-related injury or illness.
In California, employers are required to provide this insurance coverage for all their employees in case of an accident or illness on the job. The benefits cover several areas, such as medical treatment, temporary disability payments, and even death benefits in some cases. It also ensures that the employer does not face any legal liability for employee injuries or illnesses arising from a work-related incident.
Workers’ compensation insurance benefits employees who sustain an injury or illness while performing their job-related duties. This vital insurance coverage covers all types of occupational injuries and diseases, from broken bones caused by a fall at a construction site to carpal tunnel syndrome sustained in an office environment.
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Workers’ compensation provides monetary and medical benefits to employees who are injured on the job. Monetarily, workers receive payments to cover lost wages and medical bills resulting from the injury. Medical expenses are covered regardless of fault because work injuries are treated as no-fault. Employees can also be eligible for vocational rehabilitation, which will help them return and remain employed. In addition, permanent disability benefits may be granted depending on the type of injury sustained and its severity.
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Workers’ Compensation Benefits You May Be Entitled To
Filing a workers’ compensation claim can be daunting without the proper support. However, it is essential to understand the process so that you can receive the rights you have if you sustain an injury while working in California. To start, employers must report all workplace injuries, regardless of severity, to their insurance provider promptly. Afterward, injured employees must fill out and submit a claim form, also known as “DWC-1”, with details such as doctor visits, injuries sustained, and other requested documents to move forward with the claim evaluation. It is recommended to contact an experienced workers’ compensation lawyer who can help you understand your legal rights and navigate through different stages to ensure the best possible outcome for your case.
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Knowing whether your injury is work-related or not can be a tricky question. California’s workers’ compensation system provides specific guidelines for employers and employees to follow in the event of an injury. To qualify for workers’ compensation, an injury must have occurred at a place of employment while performing duties within that role or from occupational exposure. There are exceptions and certain conditions that may apply to specific scenarios.
Employees in the state of California are often entitled to workers’ compensation benefits even if their injury took place outside of work. However, it is crucial to consider a few factors when deciding whether an injured worker will qualify for benefits. It is essential to prove that your injury was causally related to your work duties or activities performed under the scope of your job and duties assigned to you. Also necessary for workers’ compensation benefits eligibility is proof that the injury was not personal and did not result from voluntary participation in a recreational activity unrelated to work.
Before filing a workers’ compensation claim in California, it is essential to research the process. Being informed can help ensure that everything goes smoothly while you follow the necessary steps and provide all required documentation. When filing your claim, you should be prepared to provide detailed information about your injury or illness, how it happened, and its impact on your work life. It is also essential to familiarize yourself with the deadline for filing and the potential resources available to support you throughout the process.
The time necessary for a successful outcome in a workers’ compensation claim can vary from case to case. The time begins when a worker applies for benefits and, if necessary, continues until an administrative hearing is conducted. It is important to remember that regardless of the timeline, benefits due to an injured worker will be provided promptly.
If you were recently denied a claim for workers’ compensation in California, the first thing you should do is not panic. Understanding the appeals process and taking timely action is critical. It’s essential to contact an experienced workers’ compensation lawyer who specializes in California law as soon as possible. A qualified attorney can advise you on steps to seek justice and determine if you have grounds for an appeal. Certain time limit restrictions affect the appeal process, so it’s best to explore your options quickly. Doing this will help ensure that you exhaust all options available to get the compensation you deserve.
Securing legal representation after a workplace injury can be invaluable as you maneuver the complexities of California’s workers’ compensation. An experienced lawyer will have a thorough understanding of state and federal laws, which can be a great asset in ensuring you obtain all the benefits you are entitled to. A knowledgeable attorney can also ensure that your employer follows the law. When choosing who to represent your case, looking for an individual or firm with extensive experience navigating California’s workers’ compensation claims system is important.
At Glauber Berenson Vego, we make it our mission to help our clients secure their needed benefits. Learn more about how we can help with workers’ compensation claims or schedule a consultation by calling (626) 605-2450 or visiting our website.
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]]>The post The Most Common Work-Related Injuries in 2022 appeared first on Glauber Berenson Vego, LLP.
]]>Read on to learn the most common work-related injuries in 2022 and how to prevent them from occurring in your workplace. We’ll also examine what measures employers can take to ensure employees stay safe on the job and do not become victims of work-related injury or illness. Employers and workers can benefit from a healthier, safer work environment by understanding and reducing these risks.
Overexertion and bodily reaction injuries were among the most common work-related injuries in 2022. These occur when employees work too strenuously or rapidly, leading to strain and fatigue. Overexertion can include lifting heavy objects, bending, twisting, pushing, pulling, or reaching for items. It can also result from repetitive motions, such as using a computer mouse or typing on a keyboard.
The most common work-related injuries due to overexertion and bodily reaction included sprains and strains of the back, shoulders, neck, arms, and legs. These can be especially damaging if left untreated or when employees work without proper safety precautions.
Employers should ensure workers wear protective gear and use ergonomically designed workstations.
Another common work-related injury was slips, trips, and falls. These can occur when a work surface is slippery or uneven, leading to employees losing their balance and falling. Other causes of slips, trips, and falls include obstacles in work areas, poor lighting, or unsecured rugs or cords.
Employers should keep work surfaces clean and dry to reduce the risk of slips, trips, and falls. They should also consider installing bright lighting to allow workers to see hazards. Employers should also take precautions to secure rugs and cords and remove obstacles from work areas.
These accidents are often non-fatal yet account for 84% of all workplace accidents in one year; these accidents will continue to happen as long as employers remain negligent and fail to provide their employees with the proper safety precautions. These accidents can be devastating and challenging to navigate, especially when wages are lost and you have bills to pay. The workers’ compensation attorneys at Glauber Berenson Vego can help you seek the compensation you deserve.
Learn how we can help with your workers’ compensation claim or schedule a consultation by calling (626) 605-2450 or visiting our website.
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]]>The post Workers’ Compensation Benefits You May Be Entitled To appeared first on Glauber Berenson Vego, LLP.
]]>California’s Workers’ Compensation system pays specific financial benefits to eligible employees. These include:
Workers’ compensation pays for all medical treatment and care expenses for qualifying work-related injuries and illnesses. This includes:
It also includes the cost of traveling to and from medical appointments. You can be reimbursed for travel costs at the current federal mileage rate.
Temporary disability benefits compensate injured workers while they are unable to return to work due to a work-related injury or illness. Temporary disability benefits equal two-thirds of the worker’s average weekly wage up to state-set limits. Typically, temporary disability benefits are capped at 104 weeks or 240 weeks, depending on the type of injury suffered.
Permanent disability benefits are available to workers who suffer partial or total disability due to a work-related injury or illness. To qualify, you must prove that your injury prevents you from returning to work at full capacity to a diagnosis from the American Medical Association guidelines. Permanent disability benefits are based on the worker’s disability rating, which the treating physician assigns at the point of “maximum medical improvement” (MMI).
Workers with an impairment rating of 70 – 99% may be eligible for life pension payments. This additional payment is provided on top of permanent disability benefits available for the remainder of the injured worker’s life. Life pension payments are rare, and you must be able to prove that you have suffered a severe, life-altering, or debilitating injury to be eligible.
Also known as the Supplemental Job Displacement Benefit, vocational retraining benefits are available to workers who cannot return to their previous employment due to a work-related injury or illness and whose employers do not offer modified or light-duty work. Vocational retraining benefits are paid in the form of a $6,000 voucher for educational courses and training at certain schools approved by the state.
When a worker dies due to a job-related injury or illness, eligible surviving family members (spouses and dependents) can recover death benefits through the Workers’ Compensation system. These benefits include burial and funeral expenses up to a specified amount and compensation for lost income.
An experienced workers’ compensation attorney can help ensure you receive all the benefits you are entitled to and can also assist with filing appeals if necessary. A good attorney will also know how best to handle negotiations with insurance companies so that you can get the best possible outcome for your case.
Injured employees should always seek legal advice before settling with an insurance company or employers regarding their workers’ compensation claim. Knowing what types of damages/benefits you are eligible for and how best to negotiate with insurers is essential in getting fair compensation for your injuries or illnesses caused by work-related activities. An experienced workers’ compensation lawyer can provide invaluable assistance throughout this process and ensure that victims get the justice they deserve for any workplace-related injuries or illnesses sustained by them or their family members.
Contact us today at (626) 605-2450 for a free, no-obligation consultation with one of our California workers’ compensation lawyers, or fill out this short form.
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]]>The post 5 Steps to The Workers’ Compensation Claims Process appeared first on Glauber Berenson Vego, LLP.
]]>If you have been injured at work, you are likely feeling overwhelmed by the workers’ compensation claim process. Like any legal matter, navigating the workers’ compensation claim process can be difficult and time-consuming. However, it is important to follow all the steps to ensure that your claim is processed correctly and efficiently. In this blog post, we will discuss the five steps in the workers’ compensation claim process, the best practices for each step, and tips for hiring a workers’ compensation lawyer.
The first step in filing a workers’ compensation claim is to report your injury to your employer. You should report your injury as soon as possible after it has occurred so that it can be appropriately documented. It is also important to keep detailed records of all medical expenses associated with your injury. This includes doctor visits, hospital stays, medications, physical therapy costs, etc. This information will be necessary when filing a workers’ compensation claim.
The next step in the process is to file a formal workers’ compensation claim with California’s Workers’ Compensation Board or Commission. Once you have filed your claim, an investigator from the board/commission will review it and make an official determination regarding whether or not you are eligible for benefits based on the severity of your injury and the amount of time you were out of work due to the injury.
While not always required, after your initial application has been approved or denied by the board/commission, hearings may be scheduled for further investigation into your case. During these hearings, you and witnesses may be called upon to testify about your injury and its impact on your life. You should always appear at these hearings prepared with any relevant documents or evidence that could help support your case.
If approved by the board/commission, then you may receive benefits such as medical expense coverage and lost wages due to time missed from work while recovering from your injury. These benefits will generally last until either you are able to return to work or until such time as it has been determined that no further recovery is possible from your injuries sustained in the workplace accident.
Lastly, consider hiring an attorney if you feel overwhelmed or need assistance navigating complex legal issues related to workers’ compensation claims, such as appeals or settlement negotiations, at any point during this process. An experienced attorney specializing in workers’ compensation claims can provide expert advice and legal representation throughout this process.
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The workers’ compensation claim process can seem daunting, but with proper guidance and expert advice, it doesn’t have to be overwhelming! Following these five steps can help simplify this complex issue while ensuring that all parties involved receive their rightful entitlements for their workplace accident injuries. If you are interested in speaking with or hiring an attorney, know that at Glauber Berenson Vego, our experienced workers’ compensation lawyers are ready to advocate for your immediate and long-term needs.
Contact us today at (626) 605-2450 for a free, no-obligation consultation with one of our Glendale workers’ compensation lawyers, or fill out this short form.
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]]>The post What You Should Know: Workers’ Compensation for Remote Workers appeared first on Glauber Berenson Vego, LLP.
]]>In short, remote workers are usually eligible for workers’ compensation.
Workers’ compensation varies state-to-state, but most states require workers’ compensation to cover remote workers.
While remote work-related injuries vary person-to-person, the following injuries are commonly seen:
Remote work-related injuries are typically sustained due to the following:
Any injuries that an individual sustains in their home while doing something that is not work-related is not considered a remote work-related injury. Here are a few in-home scenarios given by the Occupational Safety & Health Administration (OSHA):
Scenario 1: A remote employee drops a box of work documents and injures their foot.
Scenario 2: A remote employee working at home is electrocuted because of faulty home wiring.
Scenario 3: A remote employee’s fingernail is punctured by a needle from a sewing machine used to perform garment work at home, becomes infected, and requires medical treatment.
Scenario 4: A remote employee is injured because they trip on the family dog while rushing to answer a work phone call.
Scenarios 1 and 3 are considered work-related. Scenarios 2 and 4 are not considered work-related.
Workers’ compensation claims can be complex, even more so with remote workers’ compensation claims. However, having an experienced workers’ compensation attorney on your side can make a crucial difference in navigating the legal processes and getting the justice you deserve. No matter your needs, you can rely on the team at Glauber Berenson Vego to take care of you.
Contact us today at (626) 605-2450 for a free, no-obligation consultation with one of our Glendale workers’ compensation lawyers, or fill out this short form.
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]]>The post Can I Still Get Workers’ Compensation if I Quit My Job? appeared first on Glauber Berenson Vego, LLP.
]]>Workers’ compensation is governed by laws that vary from state to state. In California, the workers’ compensation system is a no-fault system, meaning:
In California, workers’ compensation benefits are paid in one of two ways, depending on whether or not your employer is insured.
The California’s Workers’ Compensation system pays specific financial benefits to eligible employees, including:
To learn more about these benefits, visit our detailed Workers’ Compensation page.
You can still get workers’ compensation benefits after quitting a job in California. Whether you file a claim after quitting or you were receiving workers’ compensation benefits when you quit, you are entitled to receive workers’ compensation due to your work-related injury or illness.
In California, you can still get workers’ compensation benefits after getting fired from a job. Whether you file a post-termination claim or you were receiving workers’ compensation benefits when you were terminated, you are entitled to receive workers’ compensation due to your work-related injuries or illness. It is also important to note that a company cannot terminate your employment for simply obtaining workers’ compensation benefits.
Almost 2 million workers were treated in emergency departments in 2020 for work-related injuries, according to the Centers for Disease Control and Prevention (CDC). Workers’ compensation is an important part of receiving fair compensation for immediate and long-term needs for work-related injuries. Whether you have recently quit or been fired from a job at which you sustained injuries, you are still eligible to receive workers’ compensation benefits.
Having a team of experienced California workers’ compensation attorneys is crucial to protecting your rights, educating you about the process, and ensuring you receive the maximum available benefits.
Contact us today at (626) 605-2450 for a free, no-obligation consultation with one of our California workers’ compensation lawyers, or fill out this short form.
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