Modesto Workers’ Compensation Lawyers

A:The basic premise of workers’ compensation is that it provides medical care benefits to eligible workers who are hurt on-the-job or while completing a job-related duty. Unlike a personal injury claim, fault is usually not factored into a workers’ comp claim, which is to say that you can receive workers’ comp benefits even if you are the sole person responsible for your accident.

A:Yes, workers’ compensation is effectively the same thing as workman’s comp. You might have heard one term or the other interchangeably.

A:Employers in California who have at least one employee must purchase workers’ compensation insurance, either through the state’s program or an approved private insurer. All workers designated as employees are eligible for workers' compensation, including full-time, part-time, and seasonal workers. Independent contractors are not employees, so they do not qualify for workers’ comp.

A:You should tell your employer immediately about a workplace injury or accident, but you technically have 30 days to notify them. If you don’t notify them within 30 days of your accident, then your employer or their insurer can challenge your workers’ comp claim and likely have it dismissed.

A:Workers’ compensation benefits don’t always provide you with money directly. Instead, the most common benefit of workers’ comp is coverage for necessary medical treatments related to a workplace injury. If you are unable to work for three or more days, or your injury required overnight hospitalization, then you can get temporary total disability benefits or temporary partial disability benefits. Disability benefits will usually provide two-thirds of your average weekly wages from the period before your injury, up to a cap.

A:When you file for workers’ compensation benefits, you are effectively agreeing that you won’t hold your employer liable for your accident, which means you cannot sue them, too. Only in rare circumstances can a workers’ comp claimant also bring an injury claim against their employer. For example, you might be able to sue your employer for damages not provided through your workers’ comp benefits if they intentionally caused your injury or behaved with “egregious” negligence. Alternatively, if your injuries were caused by someone other than your employer, you may be able to collect workers' compensation and pursue a concurrent third party claim.

A:California workers’ compensation rules allow you to choose your own doctor for treatments. You must first notify your employer that you want to be taken to that doctor after an accident, though. Otherwise, your employer can send you to their insurer’s chosen urgent care facility if you need medical attention right away. Many workers’ compensation beneficiaries receive medical attention from the insurer’s medical group before arranging to see their own primary care physician for follow-up appointments.

A:Benefits provided through workers’ comp aren’t permanent. Regardless of your injury’s severity, benefits will end after 104 weeks or 5 years, whichever occurs first. You don’t need to receive workers’ compensation benefits week after week, which is why it could take up to 5 years to receive 104 weeks’ worth of benefits. If you are still affected by your injury after your workers’ comp benefits expire, then you will need to consider filing for long-term disability (LTD) or Social Security Disability Insurance (SSDI) benefits.

A:Most injuries are covered by workers’ compensation as part of the agreement that the worker will always be able to receive coverage after a workplace accident. If your injury occurred outside the workplace, during an optional workplace party, or while you were engaging in an activity unrelated to your job, then your injury might not qualify. Certain repetitive stress injuries (RSI) and mental health difficulties might also not qualify you for workers’ compensation benefits unless you can show with medical evidence that they are directly related to your job.

A:If you were injured or otherwise harmed by a defective or unreasonably dangerous product during the course of your employment, you may be able to collect workers' compensation benefits as well as pursue additional compensation by filing a product liability claim. This is a third-party lawsuit filed against the product's manufacturer, distributor, or retail seller and is separate from the no-fault workers' compensation. Our experienced attorneys can help you navigate this process. 

A:The Internal Revenue Service (IRS) does not get to tax workers’ compensation benefits, whether they are paid for medical treatment coverage, ongoing care, lost wages, funeral costs, or disability benefits. Although, if you are receiving SSDI benefits and workers’ compensation benefits, then some of your workers’ comp benefits could be taxed to keep your total income within SSD limits. You can talk to a local workers’ comp attorney or tax expert to get a better understanding of what you’ll be able to keep when taxes are factored in.

A:Your employer may not force you to use PTO or sick time as a means of discouraging you from filing a workers' compensation claim, however this may be your only option to continue being paid until your your claim is approved. Following a workplace injury, you may not receive workers’ compensation benefits immediately. In some cases, your claim may even be denied. Your employer may tell you to use your state-mandated/employer-provided sick time so you can continue being paid while you are unable to work. Once this time is exhausted, if your workers' comp claim still has yet to be approved, using your accrued paid time off (PTO) may be the only way to continue receiving wages while you are out of work.

A:A workers’ compensation claim denial is disheartening, but it is not the end of your claim. With the assistance of a workers’ compensation attorney, you can file an appeal with the California Workers’ Compensation Appeals Board. A judge will hear your argument and one prepared by the insurer to decide if your claim should be accepted or if the denial was justified. If that hearing fails, then there might be other options available to you, depending on the circumstances of your claim.

A:In most cases, yes. It is absolutely in your best interests to at least consult with an attorney after being hurt on the job. California's workers' compensation system is complicated and can be intimidating to navigate without the right help. In many cases, one small error can result in your claim being denied. Having an attorney by your side who understands the ins and outs of the process can help protect you against potentially costly pitfalls and maximize your chances of securing the compensation you need.

A:The vast majority of workers' compensation lawyers, including those at Rancaño & Rancaño, APLC, handle work injury claims on a contingency fee basis. This means that there are no upfront costs to retain our services. If we win your case, our fee will be charged as a percentage of any settlement or benefits you may receive. If we lose, you will not owe us a dime for our services.