Oakland Workers’ Compensation Lawyer

The risk of injury is an unavoidable reality for many employees when showing up to perform their workplace duties. The risk is especially great for employees in labor-intensive positions who are constantly interacting with dangerous machinery and materials. When injuries do occur, an Oakland workers’ compensation lawyer can help you file a claim for benefits. Learn more about California workers’ compensation claims by meeting with our experienced team of personal injury attorneys who are eager to get you the benefits you deserve.

California Workers’ Compensation Benefits

California requires Oakland employers to maintain workers’ compensation insurance coverage to provide benefits for employees who become injured on the job. The amount of benefits an employee can receive will depend on the nature and severity of their harm but could include compensation for the following items:

  • Medical care
  • Supplemental wages during recovery
  • Temporary or permanent disability benefits
  • Job displacement or retraining benefits
  • Death benefits

It is important to note that California limits the availability of workers’ compensation benefits to employees only. Independent contractors and other non-employee relationships do not have access to claims for benefits. However, some employers misclassify workers as non-employees and employee status can be disputed to obtain benefits after a workplace injury. Our Oakland workers’ compensation attorneys may be able to contest employment status to help injured workers receive benefits under California law.

The Workers’ Compensation Claim Process

The workers’ compensation claim process generally begins as soon as an employee sustains an injury while performing their job duties. The first step in the claim process is for the employee to notify the employer of the workplace injury within 30 days of its occurrence as required under California law. The employer should provide a workers’ compensation claim form DWC 1, which the employee must complete and submit. The claim then goes to the employer’s insurance adjuster for review. The claim adjuster must accept or deny the claim within 90 days and failing to timely respond could be treated as an acceptance.

Deadline to File a Workers’ Compensation Claim

California requires injured workers to submit a claim for compensation and to commence proceedings for benefits within one year from the date of the injury or the last date of received benefits under Code Section 5405. Failing to meet the requirements for notifying an employer and starting a claim for benefits can prevent injured workers from receiving otherwise entitled benefits under California’s workers’ compensation laws. An Oakland attorney can help a person filing for workers’ comp benefits ensure they meet all applicable deadlines and requirements.

Appealing a Denied Claim

An employer’s insurance adjuster may deny an employee’s claim for benefits for several reasons based on the available information and circumstances of the injury. For example, the adjuster may dispute whether the injury was truly the result of a workplace incident. The adjuster could also deny the amount of benefits received because of disputes over the necessary medical care for the injury or its severity. An Oakland workers’ compensation attorney can appeal denied claims on your behalf to fight for maximum benefits.

Meet With an Oakland Workers’ Compensation Attorney Today

As an employee injured on the job, you have the right to legal representation throughout the entire workers’ compensation claim process, including necessary appeals. The guidance of an Oakland workers’ compensation lawyer can be especially helpful in ensuring the full amount of benefits are awarded and that you are protected against an improper denial of benefits.

Our lawyers bring a youthful and aggressive approach to advocating for clients harmed in the workplace. We can provide transportation to our office for a free consultation or meet at a place of your convenience. Please do not hesitate to get help after a workplace injury and schedule a meeting with Valero Law Group today.