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Workers' Comp

Recent Posts in Workers' Comp Category

  • 3 Reasons Why Employers Wrongly Deny Workers’ Comp Claims

    Although many employers are understanding when an employee decides to file for workers’ compensation, other employers take this decision personally. A good employer will see the situation from a position of trust, knowing that if their workers are treated well, they won’t be tempted to file a false claim for benefits. On the other hand, an unethical employer will go to great lengths to deny a ...
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  • FAQ: Workers’ Compensation

    At the Law Offices of Andrew B. Shin, our skilled legal team focusses on helping workers across San Jose assert their labor rights. With more than 25 years of experience, we have taken on all sorts of employers, from small businesses to giant corporations. In our time fighting for workers’ rights, we have been asked countless questions about workers’ compensation law . In this blog, we answer the ...
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  • Can I Sue My Employer & File for Workers’ Comp?

    If you get injured at work, you can recover compensation from your employer through workers’ compensation benefits . Employees in every state are covered under both federal and state workers’ compensation laws. However, other than the exceptions we talk about below, you likely won’t be able to file a regular lawsuit for damages from your workplace injury or illness. In this blog, we explain how ...
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  • Future Medical Treatment & Workers' Compensation

    Future medical benefits is an injured worker's right to receive ongoing medical treatment after a workers' compensation injury claim has been approved. Employees who have been injured due to a work-related accident are entitled to receive on-going medical treatment as long as needed or until they reach their maximum medical improvement. Because treatment for a long-term injury is expensive, future ...
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  • Can I Get Permanent Disability Benefits After I Filed My Workers' Comp Claim?

    If your work related injury or illness leaves you with a long lasting medical issue, you might be eligible to obtain permanent disability benefits through workers’ comp . Before you can get these benefits, you will need to have medical proof of your injury or illness to show that your condition isn’t likely to change. You will also need to demonstrate that your injury or illness is keeping you ...
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  • What You Need to Know Before You Settle Your Workers’ Comp Case

    Insurance companies often offer injured workers a lump sum settlement for their workers’ comp claim . But before you take such an offer, it is important to think carefully about whether or not it’s the right move to make. In this blog, we explain how to decide if you should accept a lump sum settlement offer. Does It Make Sense to Settle? Insurers want to settle your claim with a lump sum because ...
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  • What Does My Workers’ Comp Company Know About Me After I File My Claim?

    Once you file your claim for workers’ compensation, the insurance company that handles your claim will begin to track down specific information about you. In fact, these companies can obtain a considerable amount of information about you without even contacting or questioning you. Because these companies can access your information, it is important to be careful to not provide any false or ...
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  • Common Reasons Employers Dispute Workers’ Comp Claims

    Just like other types of insurance policies, employers have to pay premiums to provide workers' compensation benefits for their employees. The amount that an employer pays their insurer is directly affected by workers’ comp claims that are filed by injured workers. Because of this, employers are not eagerly awaiting for your claim to be approved. In this blog, we explain a few of the common ...
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  • What Records Do I Need to Keep For My Workers’ Comp Claim?

    When it comes to workers’ compensation claims, there is lot that you will be expected to keep track of for your case. This is why it is important to maintain accurate records and detailed notes about the specifics of your case. This can help the overall process go more smoothly and will increase your chances of having your claim approved. In this blog, we tell you what important records and ...
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  • What Is a Third-Party Negligence Claim?

    When it comes to work-related injuries, a third-party is anyone other than the employer or co-workers. If your work-related injury was caused by the recklessness of a third-party, you can file a lawsuit to seek compensation for your damages. Below, we provide more information for you about third-party negligence claims . Is There a Difference Between Workers’ Comp & Third-Party Negligence? Workers ...
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  • Who Can File a Wrongful Death Claim?

    Survivors of a deceased individual can file a wrongful death claim to seek compensation for their losses. A successful wrongful death claim can result in financial compensation that can be used to pay for things like lost wages from the deceased, loss of companionship, and funeral expenses. It doesn’t matter if the person’s death was intentional or caused by reckless acts, the surviving party of ...
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  • Can I Appeal a Workers' Comp Denial?

    Employees are sometimes hesitant to file a workers’ compensation claim for several reasons, one of which is potentially being denied. However, when a workers’ comp claim is denied, it isn’t the end of the world. You can appeal the denial. Workers’ compensation claims can be denied for several reasons. Some insurance companies regularly deny initial claims, hoping the injured worker will let the ...
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  • The Role of Willful Misconduct in Workers’ Comp Cases

    Willful misconduct is a term referring to an employer’s behavior. If an employer commits willful misconduct, he or she is guilty of intending to harm another or do an act with a positive, active, and absolute disregard for its consequences. When an employer’s willful misconduct leads to a worker’s injury, California Labor Code § 4553 obligates the employer to pay an amount equal to half the value ...
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  • Work Injuries: Next Steps After an On-the-Job Accident

    Many people spend most of their waking hours on the job. Therefore, it’s no surprise many people sustain injuries while at work. With serious injuries, however, employees in California have the right to file a worker’s compensation claim to help them pay for medical bills and lost wages. Here are the steps you need to take after experiencing a work-related injury. Step 1: Inform Your Manager or ...
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  • The Differences Between a Personal Injury Claim & a Workers' Comp Claim

    Perhaps the most significant difference between a personal injury claim and a workers’ comp claim is that a personal injury claim is based on fault, while a workers’ comp claim is not. In order to collect financial compensation for injuries you acquired from a car accident or a slip and fall, you must prove that another party’s actions were negligent. Fault in Personal Injury Cases Just because ...
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  • 4 of the Most Unsafe Occupations in California

    Most people assume that police officers and fire fighters are in the most dangerous line of work. However, you might be surprised to learn that these two professions don’t even crack the top ten most dangerous professions in the country. One reason these professions don’t make the list is because they often have numerous safety measures in place to help minimize employee risk. Below, we list 4 of ...
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  • Can I Get Workers' Comp for PTSD?

    Post-Traumatic Stress Disorder (PTSD) is gaining attention as a debilitating condition that is victimizing tens of thousands of individuals in the U.S. Workers in high-stress positions are susceptible to developing PTSD, which can greatly interfere with their day-to-day functioning. PTSD can occur in nearly any occupation, but some workers are more at risk than others. High-risk occupations ...
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  • Workers' Compensation Claims for Workplace Violence

    Any worker can experience workplace violence, but some occupations, such as social service workers, healthcare personnel, and emergency responders, are at a much higher risk of violence. Many workers sustain serious injuries in these assaults and they may even be permanently disabled in an attack. Workplace violence can be costly for employers and employees alike. According to the Occupational ...
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  • Vocational Rehabilitation Benefits for Injured Workers

    If you have been injured, returning to work can provide many financial, physical, and emotional benefits. However, some injuries may prohibit workers from going back to the same job they had before the accident. For example, if a commercial truck driver breaks his back and becomes partially paralyzed, he will be unlikely to return to his former line of work. However, vocational rehabilitative ...
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  • Common Wear & Tear Injuries in the Workplace

    Wear and tear injuries often develop over time. While some may become apparent in a matter of months, others take years or even decades to show symptoms. A variety of jobs may cause wear and tear injuries. Construction workers, movers, nurses, machine operators, gardeners, personal trainers, mechanics, and other employees in demanding physical jobs are at high risk for developing wear and tear ...
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  • 4 Widespread Myths About Workers’ Comp Benefits

    If you’ve been injured at work, you might be wondering how workers’ compensation benefits work. Do your injuries qualify? How do you apply? You’re likely worried about keeping your job or possible retaliation from your employer as well. Although the process for workers’ compensation can be complicated and intimidating at times, you’ll be better equipped to face these challenges if you’re armed ...
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  • Common Reasons Workers’ Comp Claims Are Denied

    Workers’ comp benefits are intended to provide a safety net to help injured workers with their medical expenses and lost wages. However, obtaining these benefits can be a challenge for many workers. Each year, thousands of compensation claims are denied to workers who feel entitled to benefits. Below, we explain a few of the common reasons a workers’ comp claim might be denied. Injury Wasn’t ...
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  • What is Maximum Medical Improvement?

    When you are injured on the job, your doctor will track your recovery progress and regularly report back to your employer and their insurance company. However, over time it may become more and more apparent that your injury will never fully heal and your condition is about as good as it’s going to get for the foreseeable future. When you have reached this point and can’t be expected to recover any ...
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  • Four Important Types of Documentation for Your Claim

    If you are injured on the job, you’ll most likely want to file a workers’ compensation claim, especially if your injury causes you to miss substantial time at work. Before you report your injury and start a claim, it’s important to anticipate that your insurance company will require evidence to support your claim and demonstrate that it’s covered under your employer’s insurance policy. The best ...
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  • When Will My Workers’ Compensation Benefits Stop?

    As an employee in the state of California, if you are injured while performing your job, you are entitled to benefits. These benefits cover your medical bills, rehabilitation costs, and lost wages if you need to take time off to recover. Depending on the severity of your injury, you might be entitled to temporary disability benefits or permanent disability benefits. If your disability is ...
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