Pursuing Workers’ Compensation For People In High-Risk Occupations
Workers’ compensation protects workers in any profession, and even workers in seemingly low-risk professions can end up with serious injuries. Still, police officers, nurses, construction workers, firefighters are in particularly high-risk occupations — jobs in which workers’ compensation is critical for worker protection.
Despite the known risks of these careers, workers still face pushback from employers. They fear of retaliation after reporting an injury and face other obstacles to maximum recovery. Our job at The Katzakian Law P.C., in San Jose, is to simplify this process and fight for the rights of injured workers across California.
We take pride in our work because it has been known to change lives. If you were hurt at work — don’t fight this battle alone. We can help you. Call attorney Bo Katzakian today at 888-724-4138, or contact the law firm online for a free initial consultation.
Common Challenges Workers Face When Filing Compensation Claims
Filing a workers’ compensation claim in California can be a complex and challenging process. While the system is designed to support injured workers, various obstacles can arise that make securing your due benefits difficult. Examples of these obstacles can include, but are not limited to the following.
Proving the injury is work-related: In California, it is vital to establish that the injury occurred within the course and scope of employment. For instance, an employee who develops carpal tunnel syndrome from typing may need to show that the repetitive motions required by their job duties directly contributed to their condition.
This requires detailed medical documentation that links the injury directly to work activities. However, disputes can arise, with employers or insurers questioning the claim’s validity or the connection between the injury and the job.
Dealing with delayed or denied claims: Claims can be denied for various reasons, including insufficient evidence or missed reporting deadlines under California regulations. When a claim is delayed, the worker may be left without income or necessary medical treatment, potentially worsening the physical and financial strain caused by the injury.
In some cases, delays may stretch out for months, leaving workers in a precarious situation where they struggle to pay bills or get the medical care they need for recovery.
Complex legal requirements in California: The workers’ compensation laws in California are worker-friendly, but notoriously complex. The process involves specific forms, strict filing deadlines and detailed procedural rules. For example, the claim form, known as DWC-1, must be filed within 30 days of the injury.
Additionally, injured workers must seek a medical evaluation from a physician within the employer’s network unless specific exceptions apply.
An experienced attorney can help overcome these challenges. We can help to ensure compliance with California-specific claim procedures, handle disputes over denied treatment recommendations, and advocate for the worker’s rights in hearings or appeals before the Workers’ Compensation Appeals Board (WCAB).
Who We Help
Our workers’ compensation experience has made a difference to people with a wide range of injuries. We are especially skilled in working with individuals who were hurt in high-risk occupations, such as:
- A nurse, doctor or physician who was injured by exposure to contagious, life-altering illnesses, slip-and-fall accidents, injuries caused by lifting or transporting patients, etc.
- A construction worker who was hurt in a fall from heights, hazardous equipment errors, traffic accidents, heavy machinery accidents, etc.
- A police officer, firefighter or public safety officer who was hurt in the line of duty due to gunshot wounds, assault injuries, fires, motor vehicle accidents, etc.
- An airline employee, such as a baggage handler who injured his or her back lifting luggage.
- A housecleaner or housekeeper who suffered injuries while performing his or her duties.
- A warehouse worker or industrial employee who was crushed by heavy equipment, strained his or her back or suffered other injuries.
- If you suffered an injury in the course of your work as a delivery driver, you may be entitled to workers’ compensation benefits.
We count our greatest successes as the lives we have improved through quality workers’ compensation representation. We encourage you to schedule a free consultation and learn more about your options for maximum recovery.