Workers Compensation

Employer Retaliation for Oxnard Workers' Comp Claims

Oxnard Workers' Compensation Attorney

An employee in Oxnard who has been injured at work and needs to file for workers' compensation benefits has the right to file his or her claim without any fear of employer retaliation. Employer retaliation in regard to an Oxnard workers' compensation claim may include the wrongful termination of an employee, an unfair performance review, demotion, refusal to rehire or actual interference with the workers' compensation claims process. In any of these situations, an employer that takes these actions because an employee was injured or because an injured worker filed for workers' compensation has actually committed an illegal act.

To discuss your legal rights and your options if you were the victim of employer retaliation in regard to your workers' compensation claim or work injury, please contact an Oxnard workers' compensation attorney at our law offices. We can talk to you about your particular situation, what has occurred and what you can do at this point to hold your employer responsible for their actions.

Legal Recourse after Employer Discrimination for Workers' Compensation

When an employee in Oxnard is the victim of employer discrimination or any type of retaliation or punishment in regard to a workers' compensation claim, he or she may file a claim to receive additional benefits for this wrongful conduct. This is an Application for Discrimination Benefits Pursuant to Labor Code Section 132(a). Labor Code 132(a) is the law that applies to discrimination for this misconduct. This particular petition can only be filed if you currently have a case pending with the Workers' Compensation Appeals Board.

Employer retaliation and discrimination may be difficult to prove. This is technical process, and as such it is important to consider involving an attorney to help with your claim. To find out more about your case and your legal remedies after employer retaliation, contact an Oxnard workers' comp lawyer at our law offices today.

Filing for Workers' Compensation in Oxnard

An Oxnard Workers' Comp Lawyer Can Help

There are specific actions you can take when filing for workers' compensation in Oxnard. Doing these things can positively impact the outcome of your claim, helping you recover the benefits you need for medical expenses and the other damages associated with your injury. In addition to contacting an involving an Oxnard workers' compensation lawyer as early in the process as possible, following are the steps to take when filing for workers' compensation in the Oxnard area:

• Immediately report your accident or injury to your manager or supervisor. Your employer should provide you with a workers' compensation claim form within one working day of your injury.
• Fill out the "employee" section of the workers' compensation claim form to the best of your ability. Turn this in as soon as possible, returning it to your employer.
• Request that your employer return the claim form to you after they have filled out the "employer" section of the form.
• Seek medical attention as soon as possible. Your employer may provide you with a list of providers that are covered by your workers' compensation insurance policy.
• Be sure to explain that your injury is work related when you see the doctor, and explain how it occurred.
• Keep copies of everything related to your claim, including a copy of the claim form and any receipts or medical records from the treatment you receive. Make sure you also keep records of any missed work, notes on what you remember of what occurred, receipts for any medical or prescription costs that you paid out of pocket, and a record of your mileage to and from doctor appointments.

For help in filing for workers' compensation and recovering the benefits you deserve, contact an Oxnard workers' comp attorney at our law firm today!

Oxnard Workers' Rights Lawyer

Protecting the Rights of Injured Workers

Protecting workers' rights is an important part of our legal practice. An injured worker has particular rights, and these should be fully protected if that worker is to have the opportunity of recovering and rebuilding his or her life with the help of workers' compensation benefits. For example, a worker involved in a work accident or who has suffered any type of work injury is entitled to prompt, effective medical treatment for his or her injury. A worker also has the right to file for workers' compensation without fear that his or her employer will retaliate and punish him or her for exercising this legal right. When a worker involves an attorney to handle his or her claim, he has a guard against any type of fraud or unethical conduct by his or her employer or the insurance company handling the claim.

As an example, an employer may attempt to terminate your employment if you file for workers' compensation or may even try to discourage you from filing a claim, and this may mean that you will lose your job or will be unable to recover the full benefits you should have received for your claim. It may mean that you no longer have a job to go back to. An Oxnard workers' compensation lawyer can step in, recognize the signs of a violation of your rights, and then take whatever action is appropriate to address the matter and help you successfully resolve your workers' comp claim.

Consult an Oxnard Workers' Compensation Attorney

Our legal team has more than 35 years of combined attorney experience to apply to your case. To learn more about how we can help protect your rights as an injured worker, call our offices for a free consultation with an Oxnard workers' compensation attorney who can answer your questions and address your concerns. Contact us today!

State Workers' Compensation Claims

Just like any employee, a person who works for the state of California may suffer a work injury. Whether this injury is sustained in an accident, occurs due to hazardous exposure at the workplace or is otherwise related to the course of your employment, you as a state employee will have the right to file for workers' compensation benefits. Workers' compensation covers any work-related injuries regardless of who may have been at fault in causing the incident. This no-fault coverage may be very beneficial to an injured worker, as he or she will not have to prove that someone else caused a work injury to recover benefits. However, you may still have to prove the value of your claim or that your injury was work-related to successfully recover financial benefits for your state workers' compensation claim.

An Oxnard workers' compensation lawyer can help if you are a city or state employee who needs to file a workers' comp claim for a work injury of any kind. To learn more about your legal rights and your options in this regard, we recommend that you call our offices to undergo a free consultation. We accept calls 24 hours a day, 7 days a week at 800-670-8142 and handle any type of state workers' compensation claim for our clients.

Benefits for State Workers' Comp Claims in Oxnard

As a state employee, you are entitled to specific benefits for any work injury. This may include medical benefits, disability benefits, job displacement benefits, and possibly more. The value of your case will vary depending on the extent of injury suffered and the nature of your claim, such as whether you have suffered a temporary or permanent disability. With our experience in this field and the resources to fully investigate you case, our legal team can help. Contact a workers' comp attorney for help with your state workers' compensation claim in Oxnard, CA.

Types of Benefits for Workers' Compensation Claims

There are six primary types of benefits that may be available to an injured worker who files for workers' compensation in Oxnard. A workers' comp lawyer at our law firm can help you file your claim and seek the full benefits in all of these categories that you are entitled to receive compensation. This may include:

• Medical benefits - money for medical care of any kind related to your work injury. This includes money for medical treatment, hospital bills, prescription drugs, medical supplies, and mileage related to your medical care.
• Temporary disability benefits - if your Oxnard work injury leaves you unable to work for more than three days, you may be entitled to temporary disability benefits, which may be up to two-thirds of your average earnings. The specific amount may vary depending on your case and the date of your injury.
• Permanent disability benefits - in some cases, a work injury will result in some type of permanent impairment for the worker. Permanent disability may be paid in these cases, and in this situation it will vary depending on the extent of disability and other factors.
• Supplemental job displacement benefits - these are essentially vouchers for retraining or skill enhancement if an injured worker is unable to return to his or her previous position.
• Death benefits - the family of a worker who has lost his or her life in due to a work injury may be able to recover money for funeral/burial costs and possibly lost earnings as well.
• Additional benefits - in some cases, an injured worker in Oxnard may also be eligible to receive additional benefits. Situations that may warrant these additional workers' compensation benefits may include: willful misconduct on the part of the employer, psychological depression caused by the work injury, other physical injuries caused by the initial work injury, or medical malpractice committed in the treatment of a work-related injury.

Oxnard Workers' Compensation Attorney

Find out more about what your claim may be worth and how Pacific Attorney Group can help you seek the workers' compensation benefits you deserve. Contact an Oxnard workers' compensation attorney today!

Workers' Compensation Law Overview

Workers' compensation laws regulate accidents and injuries at work. All employers in California are required by these laws to provide workers' compensation coverage for employees. The only exception may be if you and/or your spouse are the only employees of the company, but an attorney can answer any questions you may have in this regard.

Injuries covered by workers' compensation in Oxnard typically include any type of injury that occurs during the course of one's employment. This includes work accidents, repetitive motion injuries, attacks or assaults at the workplace, exposure to hazardous conditions, and any work-related injury. By law, an injured worker or his or her family may be entitled to various benefits:

• Medical benefits
• Benefits for a temporary or permanent disability
• Job displacement benefits
• Death benefits

Do you want to find out more about how workers' comp law may affect you? Feel free to call an Oxnard workers' compensation attorney at our offices for a free consultation.

How Workers' Compensation Law Works for Oxnard Employees

Workers' compensation laws govern both employers and employees throughout Oxnard. Workers' compensation was adopted in order to reduce litigation arising from work-related injuries in regard to employer negligence and liability. In exchange for qualifying any work injury to receive workers' compensation benefits, workers' compensation laws prohibit employees from suing their employers for work accidents and injuries. Workers' compensation benefits are offered on a no-fault basis, meaning the injured worker does not need to prove that someone else was responsible for his or her injuries in order to recover benefits. This differs from personal injury law, which requires that the injured party prove the negligence or intentional wrongdoing of the other party in order to recover financial compensation.

Contact an Oxnard workers' compensation lawyer at our law offices for more information about workers' comp law.  

Work Accident Claims in Oxnard

Have you been involved in a work accident in the Oxnard area? Involving an attorney is an important step to take, particularly if you would like to seek the benefits you deserve. Filing for workers' compensation after a work accident can be complicated. A dispute may arise regarding whether your accident is work related or perhaps regarding what your claim should be worth. An attorney can address either of these issues for you to help you resolve this matter swiftly and to the best resolution possible.

Work accidents may vary in severity, affecting an injured worker in different ways. Almost any employee may be involved in an accident of some kind at one point or another, regardless of the industry or the employee's particular position. Slip and fall accidents, injuries from falling objects, construction site accidents, industrial accidents and auto accidents are all examples of incidents that may occur at the workplace or which may be considered work related. These may lead to hospitalization, extensive medical bills and missed work. Recovering financial benefits after an Oxnard work accident may make a significant difference in your ability to rebuild and move on.

Financial Benefits for a Work Accident

If you are injured in an Oxnard work accident, you will most likely be entitled to financial benefits through a workers' compensation claim. However, an attorney can also look to other resources from which you can recover financial compensation. A third party may be held liable for causing a work accident in some situations, meaning that you may be able to sue for damages from that party as well as recover money from your workers' compensation accident claim.

The value of your case and what sources are available to recover financial compensation from will vary depending on your particular workplace accident claim.To talk about your unique case, contact an Oxnard workers' compensation lawyer at our offices today!

Oxnard Workers' Comp Attorney

If your workers' compensation claim was denied and you would like to understand your options in filing an appeal, an Oxnard workers' comp attorney at Pacific Attorney Group may be able to help. It is possible that any Oxnard workers' compensation claim will be denied by the claims administrator. This person usually works for the insurance company that provides coverage to the injured worker, although in some cases a third party administrator may review the case or the claims administrator will work for the employer, for large companies that self-insure for workers' compensation.

Why will a claim be denied? There are two primary reasons that would result in the denial of a workers' comp claim:

• Improperly filed paperwork, or
• Insufficient evidence that an injury is work-related.

It is also possible that a workers' compensation claim will be denied based upon a mistake or unethical conduct by an employer or the claims administrator.

Your Rights after a Workers' Compensation Denial

Although your claim may have been denied, this does not necessarily mean that you have lost all opportunity of recovering worker's compensation benefits. If the claims administrator denied your claim, you can request a hearing with a workers' compensation judge to review this decision. If a workers' compensation judge denied your claim, you may be able to file a petition for reconsideration with the Workers' Compensation Appeals Board. You have options, and a workers' compensation lawyer can explain these to you.

Your initial consultation with an Oxnard workers' compensation lawyer at our firm is free. By talking to an attorney about your case, you can find out more about what can be done after a workers' compensation denial and can get the information you need to make the right decision about your claim.

Contact our firm today!

Oxnard Workers' Comp Appeals

Attorney for Workers' Compensation Appeals in Oxnard

An appeal may be sought for an Oxnard workers' compensation claim if you disagree with your employer or the insurance company regarding the outcome of your case and would like this decision reviewed by the Workers' Compensation Appeals Board (WCAB). To do this, you need to file a form with the Appeals Board called an application for adjudication of claim. Filing this claim will open a case with the Appeals Board and enable you to seek a decision by a workers' compensation judge.

Filing a workers' compensation appeal can be complex, and without legal counsel you may be at risk of improperly filing your paperwork and harming your chances of getting the outcome you are hoping for. At Pacific Attorney Group, we represent injured workers in Oxnard, helping with their workers' compensation claims and appeals. If you would like to talk to an attorney at our offices about how we can help you file an appeal for a decision made about your claim, call us at 800-670-8142 - your initial consultation is free and confidential.

Appealing a Workers' Compensation Judge's Decision

A situation may also arise where you can appeal a decision made by a workers' compensation judge. Your claim may have been denied or an amount of benefits approved that you feel is unfair and was reached in error. Filing a petition for reconsideration enables you to seek a review of this decision by the Appeals Board. The petition lists out five reasons for which an appeal of this kind may be filed:

• "By the order, decision or award, the Board acted without or in excess of its powers.
• "The order, decision, or award was procured by fraud.
• "The evidence does not justify the findings of fact.
• "Petitioner has discovered new evidence material to him which he could not with reasonable diligence have discovered and produced at the hearing.
• "The findings of fact do not support the order, decision or award."

Make sure you have a competent attorney review your case and determine whether you should file an application for adjudication or a petition for reconsideration with the Workers' Compensation Appeals Board at this point. To properly address your case, it will be necessary for your attorney to have knowledge and experience in regard to Oxnard workers' comp appeals in particular.

Contact an Oxnard workers' compensation lawyer at our law offices today.

Oxnard Workers' Comp Exposure Attorney

Workplace Exposure & Workers' Compensation

Workers' compensation claims cover any injury or illness sustained in the course of one's employment, and this includes any medical condition caused by exposure to a hazardous substance or condition at the workplace. Oxnard workplace exposure claims may differ widely from case to case. An employee in construction or manufacturing may be at risk of toxic exposure to chemicals or another dangerous substance, an office worker may be exposed to mold in the office air conditioning system, or a typist may develop carpal tunnel syndrome due to exposure to the repetitive motion of typing all day. In any of these or a similar case, the injured worker may be able to file a workers' compensation claim.

Were you recently diagnosed with a medical condition that you believe was caused by workplace exposure? An Oxnard work exposure lawyer at our law firm may be able to help. We can assist you in properly filing your workers' compensation claim and can address any issue that may come up. If the claims administrator needs more information or evidence, suspects that your injury is not work related, or denies your claim, we can step in and protect your rights to seek the fair outcome you deserve. This includes filing an appeal on your behalf, if necessary.

Workers' Compensation for Work Exposure in Oxnard

Workers' compensation was designed to help both employers and employees in situations related to work injuries of any kind, including those arising from exposure at the workplace. In exchange for swift medical treatment and benefits for any work injury regardless of fault, employees are prohibited from suing their employers for work injuries.

Take a moment to discuss your case and your legal options with a skilled professional. Contact an Oxnard workers' compensation attorney at Pacific Attorney Group today!

Workers' Compensation Fraud in Oxnard

Workers' compensation fraud involves any type of misrepresentation or deception in the workers' compensation claims process. This may be committed by an employee or by an employer, insurance company, health care provider or other party involved in the workers' compensation claims process. With the current climate of the economy and past occurrences of workers' compensation fraud, employers and claims adjusters in Oxnard may be on the lookout for this offense.

Tips to Avoid Workers' Comp Fraud

There are a few useful tips that you can use to avoid workers' compensation fraud:

• Be honest about your claim, what happened to cause your current injuries, what previous injuries you may have had, and what pain and suffering you are experiencing. Honesty in these cases can make a big difference in your attorney's ability to properly handle your case.
• Keep your workers' compensation lawyer informed of how you are feeling and in regard to any new developments involving your claim, such as an action on the part of your employer, an update on your medical condition, etc.
• Try to involve an attorney as early in the process as possible. An Oxnard workers' compensation attorney can help ensure that your paperwork is properly filed so your interests are represented and rights protected in this case - and this can help you avoid any type of misrepresentation for your case.

Disclosing all information about your case can help you avoid any issues that may arise with your case, as well as the potential that you may be accused of workers' compensation fraud. Fraud in filing for workers' compensation is a criminal offense that may result in you facing imprisonment and other serious criminal penalties. It may also mean that you will be unable to recover benefits for your work injury, even if you would have actually been entitled to these benefits had you not been accused of fraud.

Oxnard Workers' Compensation Attorney

Find out more about what you can do to avoid fraud or how we can help if you have been the victim of workers' compensation fraud, such as a fraudulently denied claim.Contact an Oxnard workers' compensation attorney at Pacific Attorney Group today!

Resources for Oxnard Workers' Compensation

Information can empower an injured worker, helping him or her make the right choices about hiring a lawyer, filing for workers' compensation and addressing any issue that may arise after a work accident or injury. At Pacific Attorney Group, we offer a free case review with an Oxnard workers' compensation lawyer if you would like to discuss your case with an experienced professional who can offer you information that will help you decide what to do. We have also compiled a list of several resources that will be helpful in getting more information regarding workers' compensation in Oxnard. We welcome you to review these links and to call us at 800-670-8142 to undergo your free consultation.

What is Workers' Compensation?

Overview of Workers' Compensation

California Division of Workers' Compensation

Injured Worker Info Center

Workers' Compensation Appeals Board

DWC Form 1 (workers' compensation claim form)

How to File a Workers' Comp Claim Form

Workers' Compensation Service Center

U.S. Dept of Labor: Workers' Compensation

U.S. Dept of Labor: Workplace Injury Statistics

Workplace Injury and Illness Prevention

City of Oxnard

Map of Oxnard, CA

Profile of Oxnard

Oxnard Workers' Comp Attorney

For your free case review with an experienced attorney, do not wait to call our offices. Contact an Oxnard workers' comp attorney today!

Settlements for Oxnard Workers' Comp Claim

Workers' Compensation Lawyer

A settlement is the most common way that Oxnard workers' compensation claims are resolved. The basic definition of "settlement" is an agreement reached outside of the courtroom. To reach a settlement in a workers' compensation case, the parties involved must reach an agreement regarding benefits that will be paid to the injured worker. These may be paid in a lump sum or may be paid over time, depending on the particular case and the type of settlement reached.

It is important to discuss your workers' compensation claim with a lawyer to discuss how you can reach a fair settlement for your case. Our law firm represents injured workers through Oxnard with claims involving work accidents, exposure to hazards at the workplace, and virtually any type of work-related injury. Our goal in handling a workers' compensation claim is typically to reach a settlement without going to trial, but we will take your case to an appeal with the Workers' Compensation Appeals Board if this is necessary to seek a fair outcome on your behalf. The only reason we will seek a settlement is that it typically results in lower legal fees and a faster payout of your benefits. In some cases, however, we will be unable to reach a fair agreement with the other party outside of the courtroom, and we may seek adjudication to resolve the matter to your best interests.

Involve an Oxnard Workers' Compensation Attorney

There are two types of settlements for workers' compensation cases in Oxnard. A Compromise and Release usually involves a worker who no longer works for the company where the injury occurred and is a lump sum paid to the worker, releasing his or her right to future benefits. A Stipulated Finding and Award may apply if the worker is still employed at the company where the injury occurred and/or requires continued payments. Upon reaching a settlement for an Oxnard workers' compensation claim, this agreement will be reviewed by a judge to determine that it is fair.

Find out more about what settlement may apply to your case. Involve an Oxnard workers' compensation attorney to help with your claim today!

Hiring an Oxnard Workers' Compensation Lawyer

Making the decision to hire an Oxnard workers' compensation lawyer is personal and something that you must decide for yourself. Filing for workers' compensation may be a difficult process, particularly if you sustained a serious work injury and are looking at extensive medical bills and missed work, as well as a temporary or permanent disability. Our law firm offers a free consultation to discuss your case and what services we can provide to assist you.

When you call our offices for a free case review with an Oxnard workers' comp lawyer, you can find out more about your rights as an injured worker, what benefits you may be entitled to, what advantages are available to you under workers' compensation law, what to do if your workers' compensation claim is denied, and more. You can get information that is applicable to your specific situation so you can make the right choice about your case and whether to involve a lawyer in the first place.

One of the greatest advantages of choosing to involve a workers' compensation lawyer to handle your claim is that you will pay no out of pocket legal fees for the lawyer's representation. Attorney fees in Oxnard workers' compensation cases are determined by a judge and are paid out of the settlement or award that the injured worker receives from the workers' compensation insurance company.

Contact a Lawyer for your Oxnard Workers' Compensation Case

Having a lawyer at your side can help you in many different ways. First, you can be sure that your workers' comp claim is properly filed. Second, your rights and interests will be protected throughout the process associated with filing your claim and seeking the benefits you deserve. Finally, should any situation arise, such as a denied claim or a dispute that needs to be resolved by a workers' compensation judge, your lawyer can work to represent your interests and assist you in resolving this matter.

Contact an Oxnard workers' compensation lawyer at Pacific Attorney Group today to learn more about how we can help with your particular case.