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Stockton Workers’ Compensation Attorneys
Representing Injured Workers from All Careers in California
If you need medical care and financial support after a work-related accident, then workers’ compensation might be able to help you. But who can help you get workers’ compensation benefits in the first place, especially considering that employers and insurers often try to work against you? If you live in Stockton, California, then you can count on Pacific Workers’ for all the legal counsel and representation you need. It would be our honor to guide you through every step along the way, so you do not have to worry about going through this difficult and important legal process alone.
Learn more about workers' compensation today. Dial (888) 740-6434 or contact us online to get started with our workers' compensation lawyer in Stockton.
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130+ Años de experiencia colectivaSabemos cómo ayudarlo a obtener los mayores beneficios posibles para sus lesiones.
Five Important Workers’ Compensation Benefits
Workers’ compensation is designed to help injured workers get the rest they need so that they can enjoy a quick, comfortable recovery. In this way, workers’ comp helps the employer just as much as the employee because it helps them keep their workforce fully staffed with as little downtime as possible. When a workers’ comp case is challenged or the benefits are reduced, it is the insurance company that causes trouble more often than it is the employer for this reason.
Five benefits you might get through workers’ compensation insurance are:
- Medical treatments: All necessary medical treatments to get you back to how you were before your accident should be covered entirely by workers’ compensation. Furthermore, there should be no cap on how much medical care you can receive at no cost, as long as it is all medically necessary and not elective.
- Temporary disability pay: When an injury is too severe to let you return to work within a day or two, you can get temporary disability pay equal to two-thirds of your typical wages. You can only receive temporary disability pay for 104 weeks before it expires.
- Permanent disability pay: If your injury causes a permanent disability, then you can be transferred off temporary disability to permanent disability payments. The amount you can receive through this benefit is based on the severity of your disability, and it can last until retirement.
- Life pension: Injured workers who are not completely disabled but are significantly disabled – which translates to a disability rating between 70 and 99% – can earn additional life pension payments through workers’ comp.
- Vocational rehabilitation: You can receive supplemental job displacement benefits that help you train for a new job in a different career if you cannot return to your previous role due to a disability.
How to File a Workers' Compensation Claim
Filing for workers' compensation involves the following steps:
- Seek Medical Attention: If injured, seek immediate medical care. Inform the medical professional that the injury is work-related. Promptly reporting and documenting the injury is crucial.
- Notify Your Employer: Report the injury to your employer as soon as possible. California law requires employees to notify their employer within 30 days of the injury to be eligible for workers' compensation benefits.
- Complete DWC-1 Form: Your employer should provide you with a DWC-1 form (Workers' Compensation Claim Form) upon learning about your injury. Fill it out accurately and thoroughly. Keep a copy for your records and submit the completed form to your employer.
- Employer's Responsibility: Once notified, your employer should provide you with a claim form and forward the claim to their workers' compensation insurance company.
- Medical Evaluation: Your employer's insurance company may require you to be evaluated by a doctor they select. You have the right to seek medical treatment from your preferred doctor as well, but it should be from a healthcare provider within the employer's Medical Provider Network (MPN).
- Filing the Claim: The insurance company will investigate your claim. They may accept or deny it based on the provided information and their investigation.
- Wait for a Decision: After filing the claim, the insurance company has 90 days to decide whether to accept or deny the claim. They might provide benefits or issue a denial letter explaining the reasons if they choose not to accept the claim.
- Appeal if Denied: If your claim is denied, you have the right to appeal. File an Application for Adjudication of Claim with the Workers' Compensation Appeals Board (WCAB) and attend the hearing.
- Legal Assistance: Consider seeking legal advice or hiring a workers' compensation attorney if your claim is denied or if you encounter difficulties during the process. An attorney can help navigate the appeals process and represent your interests.
Common Reasons Your Claim Can Be Denied
Workers' compensation claims can be denied for various reasons, some of which include:
- Failure to Report in Time: Delay in reporting the injury or filing the claim within the specified timeframe can lead to denial. Reporting the incident promptly is crucial.
- Lack of Witness or Evidence: If there were no witnesses to the accident or insufficient evidence to support the claim, it might get denied due to a lack of substantiating information.
- Injury Not Work-Related: The injury or illness must be directly connected to the job. If it occurred outside work hours or during an unrelated activity, the claim might be denied.
- Pre-existing Conditions: If the injury aggravates a pre-existing condition, proving that the workplace significantly worsened the condition can be challenging, leading to denial.
- Dispute over Treatment: Disagreement between the employee and the workers' compensation insurer regarding the appropriate medical treatment can sometimes result in denial.
- Missed Deadlines or Paperwork Errors: Failing to meet specific deadlines or making mistakes on the required paperwork can lead to a denial. Accuracy and timeliness are critical.
- Violation of Company Policy: If the injury occurred while violating company policies (e.g., substance abuse policy), the claim might be denied.
- Independent Medical Examination (IME) Results: If the results of an independent medical examination conflict with the initial diagnosis or severity of the injury, it could lead to a denial.
- Employer Disputes the Claim: Sometimes, the employer may dispute the claim, stating the injury didn’t happen at work or questioning the severity of the injury.
- Incomplete Medical Records: Inadequate or incomplete medical records can result in a denial as it becomes difficult to establish the nature and extent of the injury.
Who Qualifies for Workers’ Comp in California?
In California, most employees who work for most employers should have workers’ compensation insurance coverage due to the broadness of the law. Full-time, part-time, seasonal, and newly hired workers are all eligible for workers’ compensation benefits.
You can file a workers’ compensation claim if you:
- Are hurt while working or carrying out a job-related duty.
- Get injured or fall ill due to your typical job expectations.
Importantly, independent contractors are not afforded workers’ compensation insurance benefits from an employer in nearly all situations. If you are contracted to work for a company but are not classified as an employee, then you likely do not have those benefits. Our attorneys can help you figure things out, though, if you don’t have workers’ compensation but feel like you should be based on your job expectations and regular duties.
5 Secrets You Should Know Before Choosing the Best Workers’ Compensation Lawyer
1. Make sure the attorney specializes in Workers’ Comp
As we have mentioned, the California Workers’ Compensation system has its own body of laws under the Labor Code and even has its courthouse: The Workers’ Compensation Appeals Board (WCAB).
Most lawyers do not know their way around the Workers’ Compensation system. They might be good car accident lawyers or business litigators, but when it comes to Workers’ Compensation, it is better if they are familiar with the intricacies of the laws, the WCAB, and the local judges.
Workers’ Compensation law firms also have relationships with medical practices that accept Workers’ Comp patients, which can greatly improve the quality of your treatment. You will not get the same level of assistance if Workers’ Compensation law is not an attorney’s primary practice area.
2. Do your research
Do not stick with the first option you see. Search for law firms and attorneys on browsers like Google and Bing, dig into local directories like Yelp, dive into social media pages, look at client reviews, read attorneys’ bios online, and if they have them, take a look at their blogs.
If a firm looks suspicious or does not have many client reviews, trust your hunch and go with the one that convinces you the most. Take advantage of those resources to make sure you feel a connection.
3. Value the non-lawyers in the office
Lawyers in Workers’ Compensation cases are generally very busy because they go to court and attend hearings and depositions. So, you will probably end up speaking with paralegals, case managers, legal assistants, and intake specialists about your case even for simple things like filling some paperwork.
You want to make sure that the support staff is enough to be able to handle the volume of cases that the lawyers have taken on for themselves. If an attorney has 5 cases, you will probably be able to talk to him/her, but when dealing with a couple of hundred cases—which is very common in Workers’ Compensation—then your choice should be a firm with a knowledgeable, helpful staff that has a good training program.
4. Look for tech-driven firms
The communication you have with your lawyer is very important. You want to make sure that the firm offers different ways to communicate with the team if you cannot reach them by the phone for whatever circumstance.
At Pacific Workers’, we have implemented various alternatives, such as Text-Your-Team, which allows clients to send messages directly to their team’s computers so they can answer right away. We have an online scheduling platform, where clients can book an appointment to speak with their team, even on the same day. Clients can also send emails to team members to get a timely response.
5. Go with the attorney who prioritizes your treatment and not just your award
Your financial award or settlement is an important part of your case, but it is not the most important. Your health and well-being are priceless, and your lawyer does not get 15% of that.
Make sure your lawyer helps you get the best possible medical treatment—that means helping you find a doctor who is not in the insurance company's pocket—and will fight for you when the insurance denies necessary treatments. If your case is denied, your attorney should help you find a doctor who will treat on a lien. Care is key.
Dealing with a workplace injury and a Workers’ Compensation claim can be incredibly painful and stressful, and you want to retain someone who will help get you through this difficult time. At Pacific Workers', we fight for you. If you need help, get a free consultation, contact us today.
Meet Your Stockton Workers' Compensation Attorneys
Attorney Alexandria Dhaliwal and Attorney Christopher Wee lead our Stockton workers’ compensation law office. Attorney Dhaliwal is known for her fresh ideas and creative problem-solving methods, and Attorney Wee is recognizable in many legal circles for his 30+ years of successful outcomes for workers’ comp clients. Both are truly passionate about doing what they can to help local injured workers navigate the often complex workers’ compensation system, especially when a case escalates to litigation.
NORTHERN CALIFORNIA'S BEST WORKERS COMP ATTORNEYS Over $340 million recovered
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$5,200,000
Roofer in Oakland
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$3,250,000
Laborer Involved in Trucking Accident in San Luis Obispo
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$1,100,000
Assault & Battery Victim in San Francisco
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$1,000,000
Driver Involved in Motor Vehicle Accident in Carmichael
Proudly Serving Northern California
Our Success Rate Speaks Volumes
At Pacific Workers’ in Stockton, we are proud to be able to say our team has more than 130 years of collective practice experience. But more impressively than our experience is our success rate: 98%. This means that 49 out of 50 cases that we take end favorably for our clients and meet or exceed their expectations. We cannot promise any case result for any client, but we do believe that our experience speaks volumes about the caliber of legal services you can come to expect when you let us manage your workers’ compensation claim.
Use an online contact form to connect with our Stockton workers' comp attorneys today.
Frequently Asked Questions
What Should I Do Immediately After a Work Accident?
After a work accident, ensuring your physical well-being should be your first priority. It's crucial to seek medical attention immediately, even if injuries seem minor at first glance. Informing medical staff that the injury is work-related helps ensure proper documentation, which is essential for your workers' compensation claim. Once immediate medical needs are met, report the accident to your employer, adhering to required timelines to avoid jeopardizing your claim eligibility. Collect any evidence of the scene if safe to do so, such as photographs or witness statements, which can be pivotal in disputes with employers or insurance companies. Finally, consider contacting a local workers' compensation attorney in Stockton to understand your rights and options. These steps not only secure your health but also strengthen your claim's legitimacy.
How Long Do I Have to File a Workers' Compensation Claim in California?
In California, it is imperative to act quickly after a work-related injury. Employees must report work-related injuries to their employer within 30 days to remain eligible for workers' compensation benefits. Additionally, once reported, the formal filing of the claim involves completing and submitting the DWC-1 form. While the act of reporting your injury ensures immediate eligibility, formal claims do have a longer window – employees generally have one year from the date of injury to file a compensation claim, although exceptions may apply in certain situations. Prompt reporting not only complies with state law but also facilitates quicker access to medical treatments and financial support, underscoring the importance of timely action.
What Happens If My Workers' Compensation Claim Is Denied?
Denials can happen in workers' compensation claims, typically due to incomplete documentation, missed deadlines, or disputes regarding the injury's work-related nature. If denied, understanding the denial reason is crucial. You'll receive a denial letter detailing why your claim was rejected. At this juncture, appealing the decision is an option. File an Application for Adjudication of Claim with the California Workers' Compensation Appeals Board (WCAB) and prepare for a hearing. Here, comprehensive documentation of your injury and work conditions supports your appeal. Consider legal counsel to navigate this complex stage, bolstering your chance for a favorable resolution.
We have Helped OVER 8,000 CLIENTS aND WE CAN HELP YOU TOO!
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They didn't give up on me.
“Pacific Workers went to bat for me. Was I an easy person to get along with, no but they didn’t give up on me.”
David W.
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Thank you for being so kind!
“I started my fight against my company's workers comp and after talking to Almarie for the first time I already felt a lot of weight off my shoulders.”
Jazzie D. Daly City, CA
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I'm forever grateful & thankful to all!
“I especially want to thank Mr. Jason Insdorf, who worked in attaining a settlement I never expected.”
L.S. Union City, CA
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They took care of me!
“Bilal worked on my case and he was very professional, friendly, and kind to me. I was so nervous about my deposition and he made me feel very comfortable and less stressed about the whole situation.”
Gabi O. Sacramento, CA
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The most down to earth team I have ever met!
“They have strong communication and I was respected throughout the whole process. They had never given up on me!”
Nekealla C. Tracy, CA
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I got a compensation package that I was very happy with!
“My attorney provided me with a very smooth experience, patiently answered all my questions, and worked hard to represent my best interests.”
Dro L. Redwood City, CA
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I would highly recommend PWC!
“PWC's staff is knowledgeable and informative when it comes to answering your questions and ensuring you're well informed during the process.”
Patrick P.
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Your team was great to work with!
“You took nothing and made it out of something. I felt like I mattered! Everyone was very professional and caring.”
Heather Flores Bakersfield, CA -
“¡Farber hizo que fuera muy fácil y sin estrés para mí! Ellos hicieron todo el trabajo duro y me hicieron sentir tranquila en la situación que estaba atravesando. Nunca habría esperado que el resultado fuera tan bueno. Me mantuvieron al día de todo lo que pasaba en mi caso. Todos los abogados con los que traté eran tranquilizadores y positivos. Recomendaría a Farber a cualquier empleado que necesite ayuda con su compensación de trabajadores.”
Janette D. -
Pacific Workers' Comp is one of the best places to get help from when you need help with an injury from work!
“Iana and Sergio are very helpful, and Pacific Workers' Comp is one of the best places to get help from when you need help with an injury from work they have been helping me out through my trying time and doing a damn good job with dealing with stuff that I can't handle and I really appreciate all their help if you ever need help with an injury at work this is the place to go.”
Lamar B. Santa Clara, CA -
Bilal is very professional, caring and committed to his clients!
“My lawyer Bilal took the time out on a late Friday afternoon to meet with me and answer some questions that I had. Who stays late and meets with you on a Friday afternoon? Very few do, Bilal does. It speaks to his professionalism, caring, and commitment to his clients. Which creates a culture value at PWC. This is only one example of my experience with them, there are many more just like this.”
Guy H. Novato, CA -
PWC has provided me with exceptional care!
“My experience with them has been exceptional. They are caring, devoted and professional. They had turned a stressful situation into one that does not cause anxiety.”
Jaaziel B. -
The attorneys and employees at PWC are angels!
“Thank goodness for my team of lawyers and assistants that always take the time to listen to my concerns, answer my questions, and act on my behalf when my company does nothing!! Someone else said it, and I second that the people at PWC are angels!! At least I feel that someone is on MY side now!”
Heikelyn J. -
I was lucky enough to obtain the services of Pacific Workers' Compensation Law Center!
“I was lucky enough to obtain the services of Pacific Workers' Compensation Law Center. They worked tirelessly to receive the best care, and finally a C&R settlement from SCIF for me. Without them, I would have been just another injured worker without medical treatment.”
Martha M. -
For anyone out there looking for a 'Worker's Comp attorney,' look no further!
“For anyone out there looking for a 'Worker's Comp attorney,' look no further. Robert Davis is the man you want on the case. Robert truly cares for his clients; he will help you through the tough times, with a no-nonsense approach to your situation. Robert is a good man that never leaves any doubt in your mind and always makes you feel like he is the best man for the job.”
Francisco P. Hayward, CA -
Exceptional Customer Service
“I would recommend Pacific Workers' Compensation Law Center to my family and friends. I was so blessed to talk with AlMarie in March 2018 after receiving horrible service from another attorney's office. AlMarie took the time to talk to me and give me the information that I needed. Lauren and Alex are super great, and I feel I made a good decision for the law center to represent me. I received my packet with great information, resources, and how to communicate and contact the team who will be assisting me and working on my case.”
T. Davis Addison San Leandro, CA -
Jason exuded complete confidence in my case & really understood what I went through!
“My attorney Jason Insdorf exuded complete confidence in my case and made me feel like he really understood what I've been through (didn't hurt to read about his extensive credentials and expertise specific to my case). Karla Ortega made me feel at ease, listening intently when I explained details dating back 12+ years. Also, I was very impressed by the compassion, communication, and overall professionalism.”
Matthew U. Modesto, CA -
Pacific Workers' Compensation helped me get the justice I deserved!
“It was my first injury at a job and I did not know what to do. I did not know if my rights as an employee were being met. So, I was able to call to ask Pacific Workers' Compensation about my injury that occurred and what were my rights as an employee. They were able to help me get justice.”
Victoria M. Santa Cruz, CA -
After Pacific Worker's Compensation started handling my case, I started getting the respect of an injured worker and not just a number.
“My caseworker is amazing. She is quick to respond to my messages and concerns. Before contacting Pacific Worker's Compensation, I was getting the run around with my doctors and worker's compensation insurance for my employer. After Pacific Worker's Compensation started handling my case, I started getting the respect of an injured worker and not just a number.”
Brandy L. Fairfield, CA -
Bilal is always kind, professional, compassionate and explains everything thoroughly!
“Bilal Kassem is the nicest attorney a person dealing with a workers compensation mess can ask for. Always kind, professional, compassionate, and explains everything clearly.”
Emi B. Vallejo, CA -
They were a headache & stress rellief!
“Kiki was such a help. She works with Robert Davis. After dealing with the ins Co and there run around, blood pressure tossing, I turned my case one to PWC. No more headaches, no stressing, just relief. Thank you, Kiki and Robert & Pacific Workers Compensation.”
Debra McLaughlin Benicia, CA
