San Bernardino
Workers’ Compensation
lawyer

Workers’ compensation in California is insurance that provides financial support and medical care to employees injured on the job or who become ill due to their work. It is designed to help employees get back to work as quickly as possible and to provide them with financial support while they are unable to work due to their injuries or illness. Workers’ compensation is typically provided by the employer and is often required by law. It is meant to protect both the employee and the employer, as it helps to ensure that the employee can receive the necessary medical treatment and financial support while also protecting the employer from liability for the employee’s injuries or illness.

If you recently suffered a serious injury in a workplace accident in San Bernardino, call our firm to help you claim your benefits for a workplace injury.

Unfortunately, navigating the workers’ compensation system can be very difficult, especially when you are already contending with the pain and recovery from your injury. A San Bernardino workers’ compensation lawyer can potentially streamline the claims process, assist with denials and appeals, and help you determine when to seek legal remedy for adverse actions your employer has taken against your workers’ compensation claim. 

At Kampf, Schiavone & Associates, we understand the complexities of workers’ compensation laws and are here to help protect your rights as a worker. Our team of experienced workers’ compensation lawyers can help you understand your rights under the law, and we will work with you to help ensure that you receive the full compensation and medical care due to you. We can also help you to appeal a denied claim or to negotiate with your employer on matters related to workers’ compensation. Our attorneys have years of experience in the field, and we will fight for your rights every step of the way. Connect with us today to begin exploring your legal options.

Why Choose Our Firm to Handle Your Workers’ Compensation Case

Any workers’ compensation claim has the potential to become a complex entanglement of legal red tape, conflicting reports, and many other possible issues. As your San Bernardino workers’ compensation attorneys, the team at Kampf, Schiavone & Associates will guide you through the workers’ compensation proceedings you’re sure to expect with your claim. Since 1985, our firm has provided reliable and responsive legal representation for all types of workers’ compensation cases in San Bernardino and surrounding areas.

When we accept your case, you can expect our team to thoroughly examine all aspects of your case. We will:

• Review your workers’ compensation claim to determine what type of benefits you should expect.
• Determine whether your employer handled your claim appropriately, carelessly, or even with willful misinformation.
• Consider whether the workers’ compensation doctor who examined you conducted an appropriately thorough medical evaluation of your injuries.

Our firm has a successful track record of workers’ compensation cases throughout the San Bernardino area and will leverage this experience to help you navigate your claim confidently.

Why Do I Need an Attorney?

If you suffered an injury through no fault of your own at work, you have the right to expect fair compensation through California’s workers’ compensation system. Unfortunately, navigating this system can be very difficult, and even slight errors with any paperwork submitted to the Department of Workers’ Compensation can lead to significant delays in the handling of your claim. Hiring an attorney is one of the best ways to prevent errors like these from interrupting your claim. Your legal representative will help you complete your claim paperwork and gather the supplemental documentation you will need to submit along with it.

Having a San Bernardino workers’ compensation attorney assist with your claim also reduces the risk of encountering unwelcome and unlawful retaliation against your claim. California employers must provide employees with workers’ compensation claim forms and other necessary materials as soon as a workplace injury is reported. It is illegal for any employer to interfere with an employee’s legitimate workers’ compensation claim. If your employer has formally disciplined you or negatively altered your work arrangement in response to your workers’ compensation claim, talk with us. Your San Bernardino workers’ compensation lawyer can help you determine the best available options for legal recourse and recovery.

If there is a Medical Provider Network in place, you will need to be under the care of a physician within that Medical Provider Network in order to receive benefits. This is very important as the key to a successful workers’ compensation case is to gain control over the medical treatment. Once the treatment has been completed and the physician has released you from his or her care, they will issue a final report.  This report is considered when determining your level of permanent disability. You may see a Qualified Medical Examiner if an issue arises prior to being released by your treating doctor, or after you have been released.  The Panel QME will also issue a report laying out any disability and future medical care recommendations.  This QME report will also be used in calculating your permanent disability.

If all of your paperwork is in order and no one unjustly interferes with your claim, you should expect to receive your first benefits check within a few weeks. Unfortunately, many variables might potentially complicate your workers’ compensation claim. Additionally, you could potentially receive a lower benefits rate than you expected, or another error may have interfered with your claim.

What Is Retaliation?

It’s also possible for a workers’ compensation claim to lead to another type of legal dispute: illegal retaliation. It is against the law for any California employer to interfere with an injured employee’s workers’ compensation claim or punish an employee in response to a legitimate claim for workers’ compensation benefits after an injury at work. Unfortunately, some employers engage in retaliatory behaviors because workers’ compensation claims from their injured employees can easily raise their workers’ compensation insurance premium rate.

Examples of retaliation can include terminating an employee, demoting an employee, making the employee’s work schedule or working space untenable, or creating a hostile work environment. If you have encountered any type of retaliation from your employer after requesting materials to file a workers’ compensation claim, meet with an experienced San Bernardino workers’ compensation attorney as soon as possible to discuss your legal options.

FAQ’s

What Workers’ Compensation Benefits Am I Entitled To?

What an individual is entitled to in terms of workers’ compensation benefits can vary greatly depending on the injury or illness they have suffered and the severity of that injury.

These benefits may include:

• Medical care.Workers’ compensation in California covers the cost of medical treatment for injuries or illnesses related to the employee’s work, including lifting injuries, arm & shoulder injuries, and back injuries. This may include doctor’s visits, hospital stays, surgery, physical therapy, and other necessary medical care. For example, if an employee falls and breaks their arm or sustains a shoulder injury while lifting a heavy object, their medical treatment for the broken arm or shoulder injury would be covered by workers’ compensation.
• Lost wages. If you cannot work due to your injuries or illness in California, workers’ compensation may provide you with financial support to help you pay your bills and meet your basic living expenses. This may include a portion of your regular wages or a set amount based on the state’s workers’ compensation laws. For example, if an employee is unable to work for six months due to a work-related injury, workers’ compensation may provide them with a percentage of their regular wages to help them pay their bills during that time.
• Vocational rehabilitation. If your injuries or illness make it difficult for you to return to your previous job in California, workers’ compensation may provide you with assistance in finding a new job or retraining for a different occupation. This may include job placement services, education and training programs, and other support. For example, if an employee is injured in a car accident while driving for work and can no longer perform their job duties, workers’ compensation may provide them with funding for education and training to learn a new skill and find a new job.
• Death benefits. If a worker dies due to a work-related injury or illness, such as a fatal workplace accident, workers’ compensation may provide financial support to the worker’s dependents, such as a spouse or children. This may include a lump sum payment and ongoing payments to cover the loss of the worker’s income.
• Job protection. In California, an employee injured or ill due to work is protected from discrimination or reprisal for filing a workers’ compensation claim. The employee’s job and benefits must remain secure while recovering. For example, if an employee files a workers’ compensation claim for a back injury, their employer is not allowed to terminate them or reduce their pay.

It’s important to note that workers’ compensation benefits in California are typically only available to employees who are injured, ill, or face permanent disability due to their job duties. If an injury or illness is not related to the employee’s work, it may not be covered by workers’ compensation.

Common Workers’ Compensation Case Disputes

Workers’ compensation disputes can arise for various reasons, involving disagreements between the employee, the employer, and the insurance company. Some common workers’ compensation disputes include:

• Coverage disputes. Disputes may arise over whether workers’ compensation covers an injury or illness. For example, the workers’ compensation insurance company may argue that the employee’s work duties did not cause the injury, or that the employee was not acting within the scope of their employment when the injury or illness occurred.
• Denied claims. Disputes may also arise if an employee’s compensation claim is denied. For example, the employee may believe their injury or illness was work-related and should be covered by workers’ compensation, while the insurance company or the employer may disagree.
• Benefits disputes. Disputes may also arise over the amount or type of benefits an employee is entitled to receive under a workers’ compensation policy. For example, the employee may believe they are entitled to a higher level of benefits or a longer coverage period. At the same time, the insurance company or the employer may disagree.
• Return to work disputes. Disputes may also arise if an employee is unable to return to work due to their injuries or illness, and there is disagreement over whether the employee is able to return to their previous job or whether they are able to perform modified duties.
• Misclassification disputes. Disputes may arise if an employee believes they have been misclassified as an independent contractor rather than an employee, which may affect their eligibility for workers’ compensation benefits.
• Fraud disputes. Disputes may also arise if an employee is accused of fraudulently seeking workers’ compensation benefits. For example, the insurance company or the employer may suspect that the employee’s injury or illness was not work-related or that the employee is exaggerating the severity of their injuries or illness in order to receive benefits.

What If My Claim Is Denied?

If your workers’ compensation claim is denied, the insurance company or your employer decided not to provide you with the benefits you requested. This can be frustrating and stressful, especially if you are unable to work due to your injuries or illness and are relying on workers’ compensation to provide you with financial support.

If your workers’ compensation claim is denied, you may have the option to appeal the decision. Generally speaking, you may be able to appeal a denied claim by:

• Requesting a review of the decision. You can request that the insurance company or your employer reconsider their decision to deny your claim. You may need to provide additional information or documentation to support your claim, or you may need to meet with a representative of the insurance company or your employer to discuss your case.
• Seeking mediation or arbitration. If you are unable to resolve the issue through a review of the decision, you may be able to seek mediation or arbitration. This is a process in which a neutral third party will review your case and decide if your claim should be approved.
• Filing a lawsuit. If you cannot resolve the issue through a review of the decision, mediation, or arbitration, you may need to file a lawsuit to seek the benefits you are entitled to. This can be a complex and time-consuming process, and it may be advisable to seek legal representation if you choose to pursue this option.

Act quickly if your workers’ compensation claim is denied, as there may be deadlines for appealing the decision or filing a lawsuit. It is also helpful to seek the advice of a qualified work injury lawyer who can help you understand your rights and options.

Qualities of a Strong Workers’ Compensation Claim

Several factors can help make a workers’ compensation claim strong and more likely to be approved. These may include:

• Adequate documentation. Having clear and comprehensive documentation of your injury or illness and the treatment you have received can be crucial in supporting your claim. This may include medical records, witness statements, and other evidence.
• Prompt reporting. It’s essential to report your injury or illness as soon as possible to your employer and to seek medical treatment right away. This can help to establish the link between your injury or illness and your work and can also help to ensure that you receive timely treatment.
• Cooperation. Working closely with your employer and the insurance company, and following their instructions and guidelines, can help to strengthen your claim. This may include providing requested information and documentation, attending medical evaluations, and participating in rehabilitation or retraining programs.
• Clear causation. To receive workers’ compensation benefits, you must be able to demonstrate that your job duties caused your injury or illness. Having clear and detailed information about the circumstances of your injury or illness, including any hazards or risks you may have faced on the job, can help strengthen your claim.
• Supporting statements from coworkers or supervisors. Having statements from coworkers or supervisors who witnessed your injury or illness or who can speak to the conditions of your work environment can help support your claim. In addition, these statements can help to establish the link between your injury or illness and your work duties and can provide additional evidence to support your case.
• Expert testimony. In some cases, it may be helpful to have expert testimony from medical professionals or other experts to support your claim. For example, if you are claiming that a specific hazard or condition caused your injury or illness at your workplace, an expert witness who is knowledgeable about that hazard or condition could provide valuable testimony to support your claim.
• Legal representation. If your claim is denied or you are having difficulty getting the benefits you are entitled to, seeking legal representation can be helpful. A qualified attorney can help you understand your rights and options and represent you in appeals or lawsuits if necessary.

It’s important to remember that every workers’ compensation claim is unique, and the specific factors that contribute to a strong claim will depend on the circumstances of your case. Working closely with your employer and a qualified legal representative in San Bernardino, California, can help to ensure that you have the best chance of obtaining the benefits you are entitled to.

What Makes an Effective California Workers’ Compensation Attorney?

An effective workers’ compensation attorney can represent and advocate for their clients in workers’ compensation claims and disputes. Some specific qualities that may make an attorney effective include:

• Knowledge and experience. An effective workers’ compensation attorney should have a thorough understanding of California’s workers’ compensation laws and regulations and a track record of successful experience representing clients in workers’ compensation claims and disputes.
• Strong communication skills. A workers’ compensation attorney should be able to clearly and effectively communicate with their clients, as well as with insurance adjusters, employers, and other parties involved in the claims process.
• Ability to negotiate. A workers’ compensation attorney should be able to negotiate effectively on behalf of their clients to ensure that they receive the benefits and compensation they are entitled to under the law.
• Willingness to litigate. In some cases, it may be necessary to litigate a workers’ compensation claim or dispute to obtain the benefits or compensation to which the client is entitled. Therefore, an effective workers’ compensation attorney should be prepared to represent their clients in court if necessary.
• Attention to detail. An effective workers’ compensation attorney should pay close attention to the details of their client’s cases and any deadlines or requirements that may be involved in the claims process.

Overall, a California workers’ compensation attorney should be knowledgeable, skilled, and dedicated to effectively advocating for their clients and helping them obtain the benefits and compensation they are entitled to under the law. They can make or break any workers’ compensation claim, so it is vital to find an attorney with the experience, skill, and dedication necessary to effectively represent their clients in workers’ compensation claims and disputes.

Contact Your Workers’ Compensation Attorney Today!

The sooner you take legal action after experiencing retaliation or an unjust denial of your workers’ compensation claim, the sooner you can obtain the benefits you need to manage your everyday expenses while you recover. The right San Bernardino workers’ compensation lawyer can streamline your claims process and safeguard the integrity of your claim, ensuring you receive the benefits you are rightfully due under California state law. If you encounter any problems with your workers’ compensation claim, or even if you don’t but want to be sure you are being guided down the proper path, your San Bernardino workers’ compensation attorney will provide you with the guidance you need to handle the situation confidently. Contact Kampf, Schiavone & Associates today to schedule your case evaluation with one of the most experienced teams of San Bernardino workers’ compensation lawyers in the area. Contact Kampf, Schiavone & Associates today to schedule your case evaluation with one of the most experienced teams of San Bernardino workers’ compensation lawyers in the area.