workers compensation attorney in Sacramento

In most cases, workers’ compensation does not cover injuries sustained during your regular commute to and from work. This is because California law generally considers commuting a personal activity, not directly related to your job duties. However, there are some important exceptions where you may still be eligible for workers’ compensation benefits.

If your employer asked you to run an errand or perform a task during your commute, and you were injured while carrying out that task, this might qualify for workers’ compensation under the Special Mission Exception. Additionally, if your employer provides or arranges transportation, such as a company car or shuttle, and you’re injured during that commute, your injury could be covered.

If you’ve been injured during your commute and believe one of these exceptions might apply to your situation, it’s important to seek legal advice. At Mehlhop & Vogt Law Offices, we can help you understand your rights and determine if you’re eligible for workers’ compensation. Contact us today for a free consultation, and let us help you secure the benefits you deserve.

The Going-and-Coming Rule

The Going-and-Coming Rule in California workers’ compensation law generally states that injuries sustained while an employee is commuting to or from work are not covered by workers’ compensation. This rule is based on the idea that commuting is not considered part of an employee’s work duties. However, there are exceptions to this rule. For example, if you are performing a work-related task during your commute, such as running an errand for your employer, or if your job requires you to travel as part of your duties, your injury may still be covered by workers’ compensation. Understanding the specifics of this rule can be complex, and it’s important to consult with an experienced attorney to determine whether your situation qualifies for an exception.

Exceptions to the Going-and-Coming Rule

Exceptions to the Going-and-Coming Rule in California workers’ compensation law allow certain injuries sustained during commuting to be covered. Some of the key exceptions include:

• Special Mission Exception: If your employer asks you to perform a task or run an errand outside of your regular work duties or hours, and you’re injured during this task, you may be eligible for workers’ compensation.
• Traveling Employee Exception: If your job requires you to travel as part of your duties, such as a salesperson or delivery driver, injuries sustained during travel are typically covered.
• Employer-Provided Transportation Exception: If your employer provides transportation to and from work, and you’re injured while using this transportation, your injury may be covered.
• Worksite Proximity Exception: If the injury occurs near your workplace or in an area controlled by your employer, it might be covered under workers’ compensation.

These exceptions can be nuanced, so it’s important to consult with an experienced attorney to determine if your situation qualifies for coverage under these rules.

Special Mission Exception

The Special Mission Exception in California workers’ compensation law applies when an employee is injured while performing a task or errand at the request of their employer, outside of their regular work duties or hours. Even if the task occurs during the employee’s normal commute or outside of the workplace, the injury may still be covered by workers’ compensation. This exception recognizes that the employee is acting on behalf of the employer, making the activity work-related and therefore eligible for compensation if an injury occurs.

Employer-Provided Transportation

Under California workers’ compensation law, the Employer-Provided Transportation Exception applies when an employee is injured while using transportation provided or arranged by the employer. If your employer offers a company vehicle, shuttle, or any other form of transportation to and from work, and you are injured during that commute, the injury may be covered by workers’ compensation. This exception acknowledges that the commute becomes part of the work-related activities when the employer is responsible for the transportation.

Work-From-Home Scenarios

In California workers’ compensation law, work-from-home scenarios can be covered if an injury occurs while the employee is performing work-related duties in their home environment. Since the home is considered an extension of the workplace when remote work is involved, injuries sustained during tasks that are part of your job may be eligible for workers’ compensation. However, the challenge is proving that the injury happened during work-related activities rather than personal activities. Clear documentation of your work schedule and tasks can be important in

Contact workers compensation Lawyer in Sacramento

If you’ve been injured while working from home and are unsure if your injury qualifies for workers’ compensation, don’t hesitate to reach out to us at Mehlhop & Vogt Law Offices. We can help you navigate the complexities of your case and ensure your rights are protected. Contact us today for a free consultation, and let us provide the guidance you need to secure the benefits you deserve.

Contact workers compensation attorney in Sacramento

Have you suffered a serious work injury? Contact a Sacramento workers’ compensation attorney at the Mehlhop & Vogt Law Offices 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 with a Sacramento Workers’ Compensation Attorney Today.

workers compensation Lawyer in Sacramento

At Mehlhop & Vogt Law Offices, we understand that life doesn’t always follow a predictable path. Sometimes, circumstances change, and you may find yourself leaving a job while still dealing with a work-related injury. A common question we hear from workers in this situation is, “Can I file for workers’ compensation after quitting?”

The short answer is yes, you can still file for workers’ compensation after quitting your job, but the timing and circumstances surrounding your claim are crucial. California workers’ compensation law allows you to seek benefits for a work-related injury even after you’ve left your job, as long as the injury occurred while you were employed.

However, there are some key factors to consider. First, you must be able to prove that your injury or illness was work-related and that it occurred while you were still employed. If you quit before reporting the injury, it can make your claim more complicated, as the employer may argue that the injury didn’t happen at work or that it wasn’t serious enough to warrant compensation.

Timing is also important. If you were injured and then quit your job soon after, it’s essential to file your workers’ compensation claim as quickly as possible. The longer you wait, the more difficult it can become to prove that your injury is work-related, and this can affect your eligibility for benefits.

Another situation we often see is when an injury or illness develops over time, such as repetitive stress injuries or occupational diseases. In these cases, it’s possible that you didn’t fully realize the extent of the injury until after you left your job. Even in these situations, you may still be eligible to file a claim, but it’s vital to act promptly and seek legal advice to ensure your rights are protected.

At Mehlhop & Vogt Law Offices, we have extensive experience helping workers navigate the complexities of filing for workers’ compensation after quitting. We can assist you in gathering the necessary evidence, filing your claim, and advocating on your behalf to ensure you receive the benefits you deserve.

If you’re considering filing for workers’ compensation after quitting your job, or if you have questions about your eligibility, we’re here to help. Our commitment is to provide you with the knowledge and support you need to move forward with confidence. Reach out to us today to discuss your situation and explore your options.

Conditions for Filing After Quitting

In California, you can file for workers’ compensation after quitting if certain conditions are met:

• Injury Occurred While Employed: The injury must have happened while you were still employed and performing work-related duties.
• Timely Reporting: You must report the injury within a reasonable time frame, typically within 30 days of the injury, to preserve your right to file a claim.
• Causal Connection: There must be a clear connection between your work and the injury. If you quit because of the injury, this can help establish the connection.
• Continuous Condition: If the injury is ongoing or worsens after quitting, you may still be eligible to file a claim.
• Retaliatory or Constructive Discharge: If you were forced to quit due to the injury or because of your employer’s actions related to the injury, your case might be stronger.

Meeting these conditions is crucial to successfully filing for workers’ compensation after leaving your job.

Exceptions to the Rule

In California, there are a few exceptions to the general rule that allows you to file for workers’ compensation after quitting:

• Unrelated Injury: If the injury occurred after you left the job or is unrelated to your employment, you typically cannot file a claim.
• Pre-existing Conditions: If your claim is based on a pre-existing condition that wasn’t aggravated by your work or was not caused by your employment, it may not be eligible for workers’ compensation.
• Voluntary Resignation Without Injury: If you voluntarily resigned without any work-related injury or health issue, you cannot later claim workers’ compensation for an injury that didn’t exist during your employment.
• Fraudulent Claims: If there is evidence that the injury claim is fraudulent or exaggerated after quitting, it could be denied, and legal consequences could follow.
• These exceptions highlight the importance of a clear connection between your injury and your employment for a successful workers’ compensation claim after quitting.

Proving the Connection to Previous Employment

To successfully file for workers’ compensation after quitting, it’s essential to prove that your injury is directly connected to your previous employment. Here’s how we establish that connection under California law:

• Medical Documentation: We gather medical records that clearly link your injury to the tasks or conditions you experienced while working. This includes doctors’ reports, treatment notes, and any medical history related to the injury.
• Work History and Job Duties: We provide evidence of your job duties and how they contributed to your injury. Detailed descriptions of your work environment, tasks, and any incidents leading to the injury help build a strong case.
• Timing of the Injury: Demonstrating that the injury occurred or was aggravated while you were still employed is crucial. We establish a timeline showing the progression of your injury in relation to your employment period.
• Statements from Coworkers or Supervisors: Testimonies from coworkers or supervisors who witnessed the injury or can confirm the work conditions that led to it can support your claim.
• Reason for Quitting: If you left your job due to the injury, we emphasize this in your claim. Showing that your resignation was directly related to the injury strengthens the connection to your previous employment.

Proving this connection is key to securing workers’ compensation benefits after quitting, and we work diligently to ensure all necessary evidence is presented.

Time Limits & Deadlines

In California, strict time limits and deadlines apply to workers’ compensation claims, even if you’ve quit your job:

• Injury Reporting Deadline: You must report your work-related injury to your employer within 30 days of the injury or from the date you became aware of the injury. Failing to do so can jeopardize your claim.
• Filing a Workers’ Compensation Claim: Generally, you have one year from the date of injury to file a workers’ compensation claim. This deadline applies whether you are still employed or have quit.
• Cumulative Trauma: For injuries that develop over time, like repetitive stress injuries, the deadline is typically one year from the date you realized the injury was work-related.
• Special Circumstances: Some exceptions may extend these deadlines, such as cases involving fraud, a minor, or a delayed discovery of the injury. However, these are rare and require specific legal guidance.

Meeting these deadlines is crucial for ensuring your right to workers’ compensation benefits, so it’s important to act quickly and seek legal advice if you’re unsure about your situation.

Contact workers compensation Lawyer in Sacramento

If you’ve been injured at work and are concerned about your rights after quitting, don’t wait—time is critical. Contact Mehlhop & Vogt Law Offices today for a free consultation. We’re here to guide you through the process, protect your rights, and ensure you get the compensation you deserve. Let us help you take the next step towards securing your future. Call us now or fill out our online form to get started.

Contact workers compensation Lawyer in Sacramento

Have you suffered a serious work injury? Contact a Sacramento workers’ compensation attorney at the Mehlhop & Vogt Law Offices 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 with a Sacramento Workers’ Compensation Attorney Today.

Sacramento workers’ compensation lawyer

At Mehlhop & Vogt Law Offices, we understand that one of the biggest concerns you might have after filing a workers’ compensation claim is how it could impact your future employment opportunities. As Sacramento’s trusted workers’ compensation attorneys, we want to reassure you and provide clarity on this important issue.

When you’re injured on the job, your priority should be your health and recovery. Filing a workers’ compensation claim is your right as an employee in California, and it’s designed to provide you with the medical care and financial support you need during this difficult time. But what happens after your recovery? Will this claim follow you into future job searches?

First and foremost, it’s important to know that California law prohibits employers from discriminating against workers for filing a workers’ compensation claim. This means that your current employer cannot legally terminate or penalize you for exercising your rights. Additionally, when you’re ready to move on to a new job, potential employers are generally not allowed to access your workers’ compensation history during the hiring process.

We’ve been exclusively devoted to workers’ compensation cases in Sacramento since 1987, and we’ve seen many workers successfully move on with their careers after a claim. Our experience tells us that, while some employers may have concerns about hiring someone with a previous claim, many understand that injuries can happen to anyone and do not define your capabilities or future contributions.

We’re here to help you navigate this process, ensuring that your rights are protected every step of the way. If you have any concerns about how your workers’ compensation claim might affect your future employment, we encourage you to reach out to us. We’ll provide the guidance and support you need to make informed decisions about your case and your future.

At Mehlhop & Vogt Law Offices, our commitment is to your recovery and your rights, so you can focus on getting back to work without the worry of what’s next.

Disclosing a Workers’ Compensation Claim

When it comes to disclosing a workers’ compensation claim, you may wonder if you are required to inform potential employers about your past claim or how it could impact your job prospects. At Mehlhop & Vogt Law Offices, we want to help you understand your rights and what you should know about this aspect of your employment journey.

In California, there is no legal obligation for you to voluntarily disclose a previous workers’ compensation claim to a prospective employer during the hiring process. Employers generally do not have access to your workers’ compensation history, and it’s not something that typically comes up unless you choose to share it. Your medical history and workers’ compensation claims are considered private, and California law protects you from discrimination based on past claims.

However, if you are asked directly about any past injuries or workers’ compensation claims during an interview or on a job application, it’s important to be truthful. Honesty is always the best policy, but remember that the question itself should be relevant to the job duties and your ability to perform them. For instance, if the job involves physical labor and you have a previous injury that could impact your performance, this might be a situation where disclosure is necessary.

Medical Examinations & Job Offers

When navigating the job market after a workers’ compensation claim, you may encounter situations where a potential employer requires a medical examination as part of the hiring process. Understanding your rights and what to expect during this process is crucial to ensuring that your past claim doesn’t unfairly impact your job prospects. At Mehlhop & Vogt Law Offices, we’re here to guide you through these scenarios with the expertise and care you deserve.

In California, employers may request a medical examination as a condition of a job offer, especially if the position involves physical labor or specific health requirements. However, these examinations must comply with the law and be applied fairly to all candidates. The examination should be related to the essential duties of the job and not solely focused on uncovering any past workers’ compensation claims or medical history.

It’s important to note that if an employer requires a medical examination, it must be conducted after a conditional job offer has been made. This means that the job offer is contingent on the results of the examination. If the examination reveals a previous injury or ongoing medical condition, the employer must evaluate whether reasonable accommodations can be made to enable you to perform the job. They cannot simply withdraw the job offer based on your medical history without considering accommodations.

Long-Term Career Impact

When facing a workers’ compensation claim, it’s natural to worry about the long-term impact on your career. You might wonder if this injury will follow you throughout your professional life, affecting your job opportunities and advancement. At Mehlhop & Vogt Law Offices, we understand these concerns and are here to provide you with the information and support you need.

First and foremost, it’s important to remember that California law protects workers from discrimination based on a workers’ compensation claim. This means that your current employer cannot legally fire you, demote you, or retaliate against you in any way simply because you filed a claim. Additionally, future employers generally do not have access to your workers’ compensation history, which means your past claim should not impact your ability to secure new job opportunities.

While a past injury may raise concerns for some employers, especially if it affects your ability to perform certain physical tasks, it does not define your skills, experience, or potential. Many workers who have filed claims go on to have successful careers, often with the same or even greater responsibilities than before. The key is to focus on your abilities and how you can contribute to your workplace.

In some cases, an injury might necessitate a change in career path or job duties. If your injury limits your ability to perform certain tasks, it’s important to explore other areas where your skills can be valuable. Whether it’s seeking retraining, taking on a different role within your industry, or even transitioning to a new field, there are often many opportunities for growth and development post-injury.

Contact Sacramento workers compensation Lawyer

Have you suffered a serious work injury? Contact a Sacramento workers’ compensation attorney at the Mehlhop & Vogt Law Offices 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 with a Sacramento Workers’ Compensation Attorney Today.

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

Have 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.

Sacramento workers’ compensation attorney

The time it takes to approve a California workers’ compensation claim can vary depending on several factors. These factors include the complexity of the claim, the availability of medical records and evidence, the cooperation of all parties involved, and any potential disputes or appeals that may arise.

In California, the claims process generally follows the following timeline:

Reporting the injury: It is important to report the work-related injury or illness to your employer as soon as possible. California law requires that you report the injury within 30 days, but it’s recommended to report it immediately to ensure timely processing.

Employer’s report: Once you report the injury, your employer is responsible for completing and submitting a report to their workers’ compensation insurance carrier within a specified timeframe (usually within five days). This report initiates the claims process.

Investigation and decision: The insurance carrier will conduct an investigation, which includes reviewing medical records and any other relevant evidence. They have 90 days from the date the claim form is received to make a decision regarding the claim’s approval or denial.

Temporary disability benefits: If your claim is approved, you may be entitled to temporary disability benefits to compensate for lost wages during your recovery. These benefits should begin within 14 days after your employer receives notice of your disability or becomes aware of your claim.

Medical treatment: Once your claim is approved, you should have access to appropriate medical treatment. The timeframe for treatment can vary depending on the nature and extent of your injury or illness.

Permanent disability rating: If your injury or illness results in permanent impairment, a medical evaluation will be conducted to determine your permanent disability rating. The rating will affect the amount of any permanent disability benefits you may receive.

It is important to note that the timeline provided is a general guideline, and there can be variations and delays at different stages of the process. Disputes or appeals can significantly extend the time it takes to resolve a claim. It’s recommended to consult with an experienced Sacramento workers’ compensation attorney to ensure that your rights are protected and to navigate the claims process effectively.

Contact Sacramento workers compensation Lawyer

Have you suffered a serious work injury? Contact a Sacramento workers’ compensation attorney at the Mehlhop & Vogt Law Offices 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 with a Sacramento Workers’ Compensation Attorney Today.