BACK & NECK INJURY AT WORK

WORKERS COMP ATTORNEY IN SACRAMENTO

Workers Comp Attorney in Sacramento

Back & Neck Injury at Work

Back and neck injuries are some of the most serious and potentially life-threatening injuries given the sensitivity of the spinal cord and the central nervous system. Suffering any type of injury in general could be a traumatic experience but getting injured while on the job, could be even more stressful. A back injury can happen out of nowhere and depending on what type of work you’re in, you could be prone to more injuries than others. Even if you weren’t participating in an activity that is more susceptible to injuries, if you suffered any back or neck pain due to your line of work, you may be entitled to workers compensation benefits under California law. Contact a workers comp attorney in Sacramento to learn more about your options.

Neck injuries vary depending on various factors but some of the most common types of injuries are:

  • Neck sprain – this typically occurs when the ligaments in your neck are stretched, causing stiffness and pain
  • Pinched nerves – this typically occurs when bone or ruptured discs pinch nerves, causing extreme pain or weakness
  • Neck strain – commonly known as a whiplash, this occurs when the muscles in your neck are torn or stretched
  • Herniated discs – also known as ruptured or slipped discs, this occurs when a sudden neck motion puts pressure on a disc causing pain, weakness and potential numbness

The consequences of a neck or back injury can be debilitating, putting you out of work permanently. That’s why it’s crucial you contact a workers comp attorney in Sacramento immediately. When a specific one-time accident causes your neck or back injury, all that needs to be proven is the accident happened. When it comes to repetitive stress injuries, proving the injuries were a result of your work may be a bit more challenging. Unfortunately, many injured workers who obtain injuries from repetitive stress as opposed to a one-time event, they typically dismiss the cause, not correlating the relation with the job. Because of that, it’s important you contact a workers comp attorney in Sacramento regardless of your situation.

Work Comp Claim Lawyers

Generally speaking, the most common type of work injury in California are from one-time accidents. But workers compensation applies to all professions. It’s not uncommon for individuals having a desk job to suffer a stiff neck or salesmen to experience slip and fall accidents. Whatever situation you may have experienced, it’s important you seek medical attention as needed and then seek legal advice from a skilled workers comp attorney in Sacramento who will review what caused the accident and how to prepare the best case to get you the compensation you deserve.

The most important thing you need to do is report the accident and injury right away. Waiting for any length of time or taking the wrong steps in doing so can complicate your claim. For example, if you take sick days to recover from the injury instead of filing a workers compensation claim, the legal process can become more complicated.

Back Injuries at Work

The most common types of injuries pertain to the back. Depending on the severity, you may need surgery, physical therapy or chiropractic care. Not only does this add up financially, it could put you out of work for a long time, adding additional amount of stress. Having a skilled workers comp attorney in Sacramento by your side, is the best thing you can do to ensure you have a speedy recovery. It’s important to keep in mind that workers’ compensation cases in California could take anywhere from one to two years. That’s why it’s important you start the process immediately, especially to avoid any delays.

Because of the lengthy process, it’s important to be patient and fight for the compensation you actually deserve. It may be an easy solution to just accept the initial offer to get the process over with, you should fight for what you deserve. A workers comp attorney in Sacramento who has experience handling such cases, will know what’s reasonable and how to ensure you get the best settlement.

Speak to a Workers Comp Attorney in Sacramento for Your Neck or Back Injuries

Since 1987, Mehlhop & Vogt has been devoted to ensuring injured workers get the best medical attention and the workers’ compensation they deserve. Getting injured while on the job can affect your life in many different ways and due to the complexities in the legal process, having a workers comp attorney in Sacramento by your side is the best thing you can do for your future. Give us a call at (916) 930 – 9675 if you’ve been injured while on the job.

Contact Workers Comp Attorney in Sacramento for Help

Workers Compensation Lawyer in Sacramento CAHave you suffered a serious work injury? Contact our work compensation attorneys for FREE consultation about your California workers compensation claim benefits. We’ve been helping injured workers since 1987 and are certified by the State Bar of California.

Give us a call at (916) 930-9675 to speak to a work comp attorney in Sacramento now.

TELL US ABOUT YOUR CASE

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  • C.D.
    WORKERS COMP CASE
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    There was excellent communication. If I didn’t understand something, Adam explained it. I was informed of what to be expected as the case was moving along. Very satisfied with the service.

  • J.R.
    WORKERS COMP CASE
    img

    I am very pleased with the services provided by Mehlhop & Vogt. The firm knows what they are doing and gets stuff done! I always felt respected and cared for. Adam always answered my questions right away and with great detail.

  • M.H.
    WORKERS COMP CASE
    img

    I liked the way Mr. Mehlhop handled my case, he was very professional at all times. I feel like he did the best he could considering my wages.

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WORKERS’ COMPENSATION IS ABOUT TO BE TRANSFORMED

Workers’ compensation is the largest premium segment in the U.S. commercial insurance market. Workers’ compensation, mandated by law in 49 U.S. states to provide employer reimbursements for injuries occurring in the course of employment, represents one of the largest nondiscretionary expenses for labor-centric firms.

Yet these premiums are dwarfed by the overall cost of occupational injuries and illnesses, estimated at $250 billion in 2012 by a UC Davis researcher. This figure far exceeds the direct and indirect costs of cancer, diabetes or strokes.

Costs Still Very High

While some progress has been made in addressing expenses, the costs of administering the system are stubbornly high. Take California as an example, where it costs the system $0.54 to deliver $1 worth of benefits. In Medicare, the overhead costs to deliver the same benefits are $0.02.

Operating in a data-poor environment, the insurance industry is using long-established rating and risk guidelines, with retroactive and backward-looking underwriting policies based on loss histories.

Investments in technology and operational efficiency improvements have largely focused on treatment and back-to-work programs after an injury has occurred. The industry has been stymied in its desire to prevent worker injuries by a lack of data and technology that would enable preemptive action.

Read entire article here: http://www.brinknews.com/workers-compensation-is-about-to-be-transformed/

 

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  • C.D.
    WORKERS COMP CASE
    img

    There was excellent communication. If I didn’t understand something, Adam explained it. I was informed of what to be expected as the case was moving along. Very satisfied with the service.

  • J.R.
    WORKERS COMP CASE
    img

    I am very pleased with the services provided by Mehlhop & Vogt. The firm knows what they are doing and gets stuff done! I always felt respected and cared for. Adam always answered my questions right away and with great detail.

  • M.H.
    WORKERS COMP CASE
    img

    I liked the way Mr. Mehlhop handled my case, he was very professional at all times. I feel like he did the best he could considering my wages.

SEE ADDITIONAL TESTIMONIALS

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MOST COMMON OCCUPATIONAL ILLNESSES

SACRAMENTO WORKERS COMPENSATION ATTORNEY

Sacramento Workers Compensation Attorney

Workplace Injuries & Illnesses

Occupational illnesses occur when an event or exposure occurs in the workplace, resulting in the development or worsening of a medical condition. Workplace accidents can happen to anyone even at the most unexpected time. Though some workplaces are more prone to occupational accidents, such as construction and other manual labor jobs, occupational illness includes a wide range of health problems that can occur even in the most seemingly low-risk office jobs. Regardless of your occupation, if you have gone ill as a result of your workplace, reach out to a Sacramento workers compensation attorney to learn what legal actions you can take.

A large portion of occupation disorders go unreported. According to documents from a hearing before the US House of Representatives Committee on Education and Labor, as much as 69% of workplace injuries and illnesses are not reported. In 2013, the US Bureau of Labor Statistics found that there are nearly 3 million occupational injuries in a single year. In 2007, a study found that the estimated costs for the medical treatment of occupational illnesses in the US was $67 billion.

Examples of Occupation Illnesses

There are numerous occupational illnesses that can occur due to work environments. Some of the most common are described below.

Asthma

Due to low quality air conditions and possible airborne contaminants, asthma is a very common occupational illness. It can result in difficulty breathing, chest tightness, and wheezing. Occupational conditions can bring about asthma symptoms without any history or agitate a pre-existing condition. Other more serious respiratory illnesses can include:

  • Mesothelioma
  • Pneumonia
  • Tuberculosis
  • Silicosis
  • Pharyngitis
  • Chronic obstructive pulmonary disease (COPD)

If you have suffered any type of these illnesses, consult with an experienced Sacramento workers compensation attorney to learn what you can do.

Carpal Tunnel

This condition often develops in workers who complete repeated tasks using their wrists, such as writing or typing. Carpal tunnel is the compression of the median nerve in the arms. This can result in pain, numbness, tingling, weakness, and clumsiness of the hands. Once a person suffers from carpal tunnel, it often returns.

Skin cancer

Workers who have jobs that require them to be outdoors for periods of time have an increased risk of developing skin cancer. Jobs that may require prolonged sun exposure include:

  • Construction
  • Roofers
  • Agricultural workers

If you work in a job that requires constant sun exposure, make sure you’re aware of the dangerous of skin cancer and speak to a Sacramento workers compensation attorney if you have any questions.

Skin disease

Jobs in which the employees are exposed to dangerous and harsh chemicals may lead to the development of skin diseases. Some jobs where this risk is high include construction, painters, cleaners, mechanics, and manufacturers. Many manufacturing processes expose employees to toxic chemicals on a daily basis. The skin diseases that may result from this exposure include:

  • Eczema
  • Skin cancer
  • Skin infections
  • Contact dermatitis
  • Rashes
  • Ulcers
  • Skin inflammation
  • Burns

Hearing loss

Jobs that involve loud machinery and excessive noise throughout the employees’ shifts often lead to some amount of hearing loss. Construction workers, people who work at airports, and club or music venue employees are just a few individuals who could suffer. Though it may seem minor, hearing loss is a permanent disruption to a major sense.

Overexertion

One of the most common workplace illnesses is overexertion. Employees are expected to give everything they have to their job in order to be considered a good employee with the chance of a promotion. Overexertion can affect people in the manual labor field, to people in the medical field, to people in high pressure positions. It can affect almost anyone at any level. Though there are laws regarding breaks and the amount of time a person can work, these laws are often ignored or aren’t helpful given the person’s unique situation. In 2013, an investment banking intern died after working 72 straight hours. If you have been injured from overexertion at work, immediately consult with a Sacramento workers compensation attorney. Injuries that often accompany overexertion include:

  • Hernias
  • Strains
  • Sprains
  • Joint injuries
  • Shoulder and back injuries
  • Death

What to do?

If you or a loved one may have suffered from a workplace illness, it’s important to address that possibility as soon as possible. First, take an inventory of symptoms and the timeline in which they appear. Be sure to take note if there are any previous health conditions that may have contributed to the current symptoms. Try to tie in what was happening when the symptoms first occurred and what, if anything, has made them worse.
If you or a loved one has sustained an injury, illness, condition, or experienced worsening of a pre-existing condition due to your employment, there are steps you can take to be compensated. If the job caused your pain, it can pay for it. Be sure to contact an experienced Sacramento workers compensation attorney to discuss your options.

Contact acramento Workers Compensation Attorney for Help

Workers Compensation Lawyer in Sacramento CAHave you suffered a serious work injury? Contact our work compensation attorneys for FREE consultation about your California workers compensation claim benefits. We’ve been helping injured workers since 1987 and are certified by the State Bar of California.

Give us a call at (916) 930-9675 to speak to a work comp attorney in Sacramento now.

TELL US ABOUT YOUR CASE

REQUEST YOUR FREE, NO-OBLIGATION CONSULTATION WITH AN ATTORNEY

  • C.D.
    WORKERS COMP CASE
    img

    There was excellent communication. If I didn’t understand something, Adam explained it. I was informed of what to be expected as the case was moving along. Very satisfied with the service.

  • J.R.
    WORKERS COMP CASE
    img

    I am very pleased with the services provided by Mehlhop & Vogt. The firm knows what they are doing and gets stuff done! I always felt respected and cared for. Adam always answered my questions right away and with great detail.

  • M.H.
    WORKERS COMP CASE
    img

    I liked the way Mr. Mehlhop handled my case, he was very professional at all times. I feel like he did the best he could considering my wages.

SEE ADDITIONAL TESTIMONIALS

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MOST COMMON CONSTRUCTION SITE ACCIDENTS

SACRAMENTO WORK INJURY LAWYER

Sacramento Work Injury Lawyer

Construction workers risk injury every day

In 2010, the Bureau of Labor Statistics found that there were 774 deaths due to an accident on construction sites. This is more than 18 percent of all on-the-job fatalities of 2010. The Bureau of Labor Statistics has also found that 4% of construction workers are injured while they work every year. Construction is a very dangerous job due to the nature of the work as well as the tools and machinery construction workers use to complete their tasks. Dangerous electric tools and conditions paired with physically exhausting hours leads to an increased likelihood of injury. If you have been injured while working on a construction site, make sure to seek out legal representation from a Sacramento work injury lawyer immediately.

Construction accidents can result from many different causes. Fatigue can lead to forgetfulness or recklessness, and in the presence of exposed parts, heavy machinery, and other dangerous conditions, not being at peak performance can easily lead to injury. Just a moment of distraction can result in a mistake causing a serious injury. These injuries can include spinal injuries, brain damage, and burns. These severe injuries can significantly impact a person’s life and require care for decades to come. Given such vast outcomes to construction site accidents, having an experienced Sacramento work injury lawyer by your side can make all the difference in your compensation.

Despite extensive regulations put in place by the Occupational Safety and Health Administration (OSHA), many potential dangers are overlooked or accepted in the name of laziness or haste to get the job done. Every company and person in the construction industry is supposed to follow OSHA regulations but, for various reasons, this often is not done. The state of California prohibits employees from suing their employers for on-the-job accidents, no matter how serious the resulting injuries. There are a few exceptions to this rule, but generally work injuries are dealt with through workers compensation claims.

This article aims to outline the most common injuries that occur on California’s construction sites and to provide some information about what can be done in the instance that a construction worker is injured on the job. Every case is different and only a Sacramento work injury lawyer can speak to your case specifically.

Falls

The most common incident that results in injuries on construction sites is a fall. Construction workers are often required to work at extreme heights, such as on scaffolding, ladders, roofs, boom lifts, etc. The Bureau of Labor Statistics found that falls account for more than a third of all on-the-job deaths of construction workers.

Slips and Falls

Second to falling from a height is falling due to a slip. Construction sites are by nature unfinished areas, full of hazardous holes and obstacles. Additionally, the numerous tools that are used in projects and the organic nature of each project, limited the ability to organize these tools, results in a high propensity for slips and trips. Though it may seem silly to worry about tripping over a hammer, there is plenty to worry about regarding where the individual lands on a construction site, such as on another tool or in the way of machinery.

Electrocutions

Construction sites use many electric tools and have unfinished and open environments. Wet conditions paired with electronic machinery can result in electrocutions. Also, many construction sites include exposed wiring, power lines, and unfinished electrical systems. As construction workers are often not specifically trained in electrical work, they may not be certain how to deal safely with such conditions. Coming into contact with any of these electrical outputs may result in electrocution or shock that can leave life-altering complications. Contact a Sacramento work injury lawyer to determine how you can seek financial compensation.

Falling Objects

Now that we have covered the dangers of construction workers falling, another significant danger is inanimate objects falling onto construction workers. One of the most iconic aspects of a construction worker’s uniform is a hardhat – and for good reason! Debris, tools, and other materials are often on a higher level than construction workers and anything falling from above can cause serious damage. It is common for falling tools, building materials, or even structural aspects of the construction site in question to strike a worker going about his or her work.

Being Crushed

Construction sites are filled with moving objects, such as heavy machinery, materials, and large tools. Workers can often find themselves stuck between a structural aspect of the site and a large tool or machinery if they aren’t careful. This can lead to serious injury such as broken bones, internal bleeding, brain damage, or even death.

Fires and Explosions

Unfinished piping, electrical systems, and plumbing can be quite volatile. Fires and explosions are common occurrences on construction sites due to the open systems mixing together. Obvious, these incidents can lead to severe injury.

Overexertion

Construction jobs are very physical and the conditions often exacerbate the tiring nature of the work. Many road and home construction projects take place during working hours in the summer. This is to avoid bad weather and for the convenience of everyone working at the same time, such as clients, supervisors, and actual construction workers. Unfortunately, the extreme heat and humidity can cause workers to overexert themselves and suffer from a range of injuries, such as heat stroke.

What can be done?

There are many other injuries that are not listed in this article that commonly affect construction workers. While the state of California prevents those injured from suing their employers under most circumstances, the reason that employers are protected is because they provide workers compensation. Workers compensation is supposed to provide financial support to individuals hurt on the job. Be sure to contact an experienced Sacramento work injury lawyer who can represent you in dealings with your employer so you can get the compensation you need and deserve.

Contact a Sacramento Work Injury Lawyer Today if You’ve Been Injured While On The Job

Due to the nature of the environment, accidents at construction sites are very common. The Law Firm of Mehlhop & Vogt has over 30 years of experience handling workers compensation claims of all sorts, including those at construction sites. If you have been injured, don’t wait to speak to a Sacramento work injury lawyer. Give us a call at (916) 930-9675 to learn what you can do about your case.

Contact Sacramento Worker Injury Lawyer for Help

Workers Compensation Lawyer in Sacramento CAHave you suffered a serious work injury? Contact our work compensation attorneys for FREE consultation about your California workers compensation claim benefits. We’ve been helping injured workers since 1987 and are certified by the State Bar of California.

Give us a call at (916) 930-9675 to speak to a work comp attorney in Sacramento now.

TELL US ABOUT YOUR CASE

REQUEST YOUR FREE, NO-OBLIGATION CONSULTATION WITH AN ATTORNEY

  • C.D.
    WORKERS COMP CASE
    img

    There was excellent communication. If I didn’t understand something, Adam explained it. I was informed of what to be expected as the case was moving along. Very satisfied with the service.

  • J.R.
    WORKERS COMP CASE
    img

    I am very pleased with the services provided by Mehlhop & Vogt. The firm knows what they are doing and gets stuff done! I always felt respected and cared for. Adam always answered my questions right away and with great detail.

  • M.H.
    WORKERS COMP CASE
    img

    I liked the way Mr. Mehlhop handled my case, he was very professional at all times. I feel like he did the best he could considering my wages.

SEE ADDITIONAL TESTIMONIALS

TELL US ABOUT YOUR CASE

REQUEST YOUR FREE, NO-OBLIGATION CONSULTATION WITH AN ATTORNEY

CALIFORNIA WORKERS’ COMPENSATION CLAIM PROCESS

SACRAMENTO WORKERS COMPENSATION LAWYER

Sacramento Workers Compensation Lawyer

Workers’ Compensation Claims in Sacramento, California

No one expects to go to work and get injured, except maybe individuals in the rare “most dangerous jobs” category. Though your job may come with some amount of risk, most people are under the impression that it will never happen to them. Unfortunately, job injuries and illnesses due occur and they could happen to anyone. If you have been injured on the job, it’s important to speak to a Sacramento workers compensation lawyer for legal help. The best way to avoid getting hurt is to pay attention to the injury and illness prevention program all employers in the state of California are required to have. This program must consist of:

  • Worker training
  • Workplace inspection
  • Procedures for addressing unsafe conditions

When Injuries Occur on the Job

Some circumstances can’t be avoided under the best training. If you do sustain an injury, the incident should be reported to your supervisor immediately. If the injury or illness took a while to fully develop, it’s important to report it as soon as you think it could have been caused by your job. This is important for your employer as well as yourself.

Reporting as soon as possible helps your employer address the problem so others may avoid the same fate. It also makes it easier for you to receive benefits by limiting the delay. If you don’t report it within 30 days of the incident, you could lose the opportunity to receive workers’ compensation benefits. As soon as your injured, make sure to contact a Sacramento workers compensation lawyer.

If the injury is an emergency, seek medical help immediately. The employer may be able to instruct you on where to go for treatment. Be sure to tell your medical provider that your injury resulted from your job.

After reporting it to your supervisor, your employer should get you the claim form within one business day. Fill this out and return it as soon as you can to keep the process moving. You should receive a copy of the form you turned in within a business day. You can find the form online if your employer does not provide it for you. The information you fill out is only used to process your workers’ compensation claim.

Workers Compensation Claim Processing

The claims administrator processing your workers’ compensation claim is required to keep you up to date on what’s going on by sending you letters. These letters will explain details such as how payments were determined, why a payment may be delayed, etc.

While your claim details are being investigated, the claims administrator is required to authorize medical treatment within one working day of the claim filing. The treatment costs during the period of claim investigation is limited to $10,000. There is a law requiring immediate medical treatment to be authorized. If it is not, speak to your employer and the claims administrator immediately.

Claims administrators have utilization review processes that determine whether the treatment an injured employee is undergoing is necessary. This review process has legal rules about how it is executed. If you think it is being done unfairly, speak to the Division of Workers’ Compensation.

Disputes with the Workers Compensation Claims Administrator

When a claims administrator will not approve of medical treatment that was requested by your doctor, your doctor must resolve it through a process called Independent Medical Review (IMR). When your claims administrator denies or modifies a requested treatment, you will receive a letter in the mail explaining this. You are able to reject this by signing the provided IMR form, which will start the IMR process.

If you received treatment and the claims administrator will not pay for it, the doctor and the claims administrator need to discuss the situation and work it out. If this is your specific case, make sure to contact a Sacramento workers compensation lawyer.

Getting Back to Work After a Work Injury

The physician treating you can determine when you can start working again and in what capacity. He or she will send a report to your employer explaining:

  • What kind of work can be done during recovery
  • The changes in schedule and work necessary

You should review your job description with a Sacramento workers compensation lawyer, doctor, and employer to determine what changes need to be made. If you don’t agree with your doctor, it’s important to communicate with your claims administrator as soon as possible or you could lose your right to reject his or her report.

Temporary disability benefits can be paid for as many as 104 weeks. After that, if you still aren’t able to return to work or permanently lose your ability to work as you did before, you may be eligible for permanent disability benefits.

There are so many independent people who have power over when you work and how much you receive in benefits. It’s important to seek knowledgeable and experienced legal representation during this process to help you get the benefits and treatment you deserve.

Speak to a Sacramento Workers Compensation Lawyer About Your Claim

Getting injured on the job can be an extremely tricky legal process. Having an experienced Sacramento workers compensation lawyer by your side can make all the difference. Mehlhop & Vogt Law Offices have been helping those injured at work get the right compensation they deserve since 1987. Give us a call at (916) 930-9675 if you’ve been injured at work.

 

SACRAMENTO WORKERS COMPENSATION ATTORNEY

Workers Compensation Claim Denied or Delayed

What Your Options Are If Your Workers Compensation Claim is Denied or Delayed

If you’re injured or become ill directly as a result of your work injury, workers compensation is insurance that provides cash benefits and medical care you need to get back to good health. But what happens if your claim is denied or delayed? After already having a work-related injury, the last thing you need is a denial of medical care or financial payments you need to live. It can be a very stressful time. Contact a work comp lawyer in Sacramento if you’ve been denied workers compensation or your claim is delayed.

If your claim is denied, it means the claims administrator believes your injury isn’t covered by workers’ compensation. Unfortunately, this happens too frequently in the state of California. The good news is you have a right to challenge the decision. It’s crucial you do so in a timely manner. If you delay challenging it, you may lose your right to pursue the claim. The first thing you’ll want to do is speak to a work comp lawyer in Sacramento who can begin the legal process with you by filing an injury claim form DWC-1 and an “Application for Adjudication of Claim”.

WORKERS COMPENSATION LAWYER SACRAMENTO

Work Comp Attorney In Sacramento

California Workers’ Compensation Benefits

Workers’ compensation is financial compensation for an injury an employee gets during work. Getting injured on the job can be a tricky legal process in getting the proper compensation you deserve and requires the expertise of a Sacramento workers compensation lawyer. Work-related injuries vary, such as:

  • Falling off a step-ladder and breaking your arm
  • Getting a chemical burn due to your work environment
  • Dislocating a shoulder during a car accident while driving for your company, such as to pick up materials or to make a delivery
  • Repeated exposure to physically stressful events – This can be hearing loss due to loud noise or a wrist injury due to repetitive motions required by your work.

Workers’ compensation is a form of insurance that a company pays for to protect their workers. Unlike other insurance, there is no amount of money deducted in paychecks for workers’ compensation – the employer is obligated to pay for it as a part of doing business. In the state of California, this insurance has five basic benefits:

  • Medical care – After an injury at work, the employer pays for the relevant medical care
  • Temporary disability benefits – This includes lost wages due to an injury or disability that prevents the injured party from working
  • Permanent disability benefits – If the injured employee does not recover completely, these benefits cover lost wages
  • Supplemental job displacement benefits – Displacement benefits consist of vouchers that help the injured party pay for retraining or acquiring new skills in the case the employee can not return to his or her original job
  • Death benefits – In the unfortunate case of the death of an employee, these benefits go to the spouse, children, or other dependents of the deceased

Unfortunately, under California law it is not required for independent contractors to be covered under the workers’ compensation of the company for which they work. As there is no exact definition of “independent contractor,” it can be difficult to determine if someone is an actual employee or an independent contractor.

When the person paying the worker behaves in the following ways, the court is likely to consider an employer/employee relationship:

  • Controlling the details and manner of work
  • Having the right to terminate the worker
  • Paying the worker an hourly or salary wage
  • Making unemployment and social security deductions
  • Supplying materials or tools
  • Requiring the worker to work specific days or times

If you’ve been injured on the job as an independent contractor, it’s important to seek legal advice from a Sacramento workers compensation lawyer who understands the complicated legal process.

Employer Responsibilities to Injured Workers

Employers have certain responsibilities to their employers regarding worker’s compensation. This includes:

  • Getting workers’ compensation insurance – The employer may qualify to be self-insured
  • Provide information regarding employees rights and responsibilities around workers’ compensation to all new employees
  • Have a workers’ compensation poster visible to all employees

After an injury has occurred, employers are obligated to do the following:

  • Provide the injured party with a workers’ compensation claim form within one working day of the report of the injury
  • Return a copy of the claim form within one working day of receipt from the injured party
  • Forward the claim form and the injured party’s report to the claims administrator within one working day of receipt of the completed form
  • Authorize up to $10,000 in appropriate medical treatment within one day of receiving the claim approval
  • Provide transitional or light work whenever possible
  • If the employee was a victim of a crime, the employer is required to provide information about workers’ compensation eligibility within one working day of the crime

Medical Care After a Work Injury

Doctors in the workers’ compensation system are required to provide medical treatment that has been proven to be effective in treating whatever specific injury or illness the individual is suffering from. There are specific guidelines that specify the exact treatments are effective for particular injuries and illness. These guidelines also go over how often these treatment should be given, how long treatment should last, and the extent or intensity of the treatment, as well as other aspects of treatment. This means there are limits to certain treatments, such as chiropractic therapy, physical therapy, occupational therapy, etc.

Because there are so many details and various circumstances in which an employee can get injured on the job, it’s best to seek legal advice from a Sacramento workers compensation lawyer at our office to ensure you’re getting the compensation you truly deserve.

Temporary Disability Benefits Through Workers’ Compensation

Temporary disability is when a person’s illness or injury temporarily makes them unable to do their usual job. Benefits are paid to this individual through workers’ compensation, depending on whether the individual can work part or none of their usual hours. Temporary disability payments are typically about 67% of the pre-tax wages, tips, food, lodging, overtime, bonuses, etc. that the employee usually enjoys. There is a maximum amount set annually for what one person may receive each week.

Temporary disability payments begin when your doctor determines you cannot return to work as usual for three or more days or if you are hospitalized overnight. The payments are given out every two weeks and typically stop when you return to work or when you are released back to work by your doctor. After 2004, temporary disability payments were limited to 104 weeks.

Permanent Disability Benefits Through Workers’ Compensation

Permanent disability is when a worker has any lasting disability which decreases his or her earning capacity after medical treatment has completed. Individuals whose illness or injury resulted in permanent disability are entitled to benefits, even if they return to work. These benefits may not cover all lost income.

Your physician will be able to determine if a loss in the ability to work is due to an injury or illness and whether any more recovery is likely. When the maximal medical improvement is reached, or the illness or injury is permanent and stationary, you are considered to have permanent disability. A report will be sent from the doctor to the claims administrator, describing the loss of earning capacity and whether any other factors contributed to your permanent disability status.

Permanent disability benefits are determined by considering the following:

  • The disability rating
  • The date of the injury/illness
  • The wages before injury/illness

Seeking Legal Representation in a Workers’ Compensation Claim

No employer wants to pay out workers’ compensation. Some employers don’t even have it! In order to get the payment you deserve by law, it’s very important to have knowledgeable representation of a work comp attorney in Sacramento. This can help you get the full disability payments you deserve!

Call a Workers’ Compensation Attorney in Sacramento

With 30 years of experience handling workers compensation cases throughout the greater Sacramento area, you can trust the Mehlhop & Vogt Law Offices to handle your case with the experience and dedication you deserve. Give us a call at (916) 930-9675 to speak to a work comp attorney in Sacramento now.

TELL US ABOUT YOUR CASE

REQUEST YOUR FREE, NO-OBLIGATION CONSULTATION WITH AN ATTORNEY

  • C.D.
    WORKERS COMP CASE
    img

    There was excellent communication. If I didn’t understand something, Adam explained it. I was informed of what to be expected as the case was moving along. Very satisfied with the service.

  • J.R.
    WORKERS COMP CASE
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    I am very pleased with the services provided by Mehlhop & Vogt. The firm knows what they are doing and gets stuff done! I always felt respected and cared for. Adam always answered my questions right away and with great detail.

  • M.H.
    WORKERS COMP CASE
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    I liked the way Mr. Mehlhop handled my case, he was very professional at all times. I feel like he did the best he could considering my wages.

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