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408.709.7317
Home
Attorney Profiles
Andrew B. Shin
Jiyoung Joanna Lee
Joel Chan
Workers' Compensation
Workers' Compensation Process
Worker's Compensation Benefits
Serious & Willful Misconduct
Death Benefits
Initial Application Process
Third Party Negligence Claims
What If My Claim Is Denied?
Why Do I Need A Workers' Compensation Attorney?
Workers' Rights After Injury
Work Injuries Overview
Agricultural Injuries
Asbestos Exposure
Back Injuries
Catastrophic Injuries
Chronic Pain
Construction Injuries
Electronics Assembly Injuries
Knee & Ankle Injuries
Neck Injuries
Repetitive Stress/Cumulative Trauma
Toxic Exposure
Skin Disorders
Shoulder Injuries
Personal Injury
FAQ
Blog
2018
April
Can I Get Permanent Disability Benefits After I Filed My Workers' Comp Claim?
Self-Closing Door on BMW Slices off Man's Thumb
March
What You Need to Know Before You Settle Your Workers’ Comp Case
What Does My Workers’ Comp Company Know About Me After I File My Claim?
February
Common Reasons Employers Dispute Workers’ Comp Claims
What Records Do I Need to Keep For My Workers’ Comp Claim?
January
What Is a Third-Party Negligence Claim?
Who Can File a Wrongful Death Claim?
2017
December
Never Say “Sorry” After a Car Accident
Can I Appeal a Workers’ Comp Denial?
November
The Role of Willful Misconduct in Workers’ Comp Cases
Work Injuries: Next Steps After an On-the-Job Accident
October
The Differences Between a Personal Injury Claim & a Workers' Comp Claim
4 of the Most Unsafe Occupations in California
September
Can I Get Workers' Comp for PTSD?
Workers' Compensation Claims for Workplace Violence
August
Vocational Rehabilitation Benefits for Injured Workers
Common Wear & Tear Injuries in the Workplace
July
4 Widespread Myths About Workers’ Comp Benefits
Common Reasons Workers’ Comp Claims Are Denied
June
What is Maximum Medical Improvement?
Four Important Types of Documentation for Your Claim
May
When Will My Workers’ Compensation Benefits Stop?
Preparing for Your Workers’ Compensation Hearing
April
Common Workers' Compensation Terms Explained
March
Top Causes of Workplace Injuries
February
Changes in CA Workers' Comp Coverage Now Includes Execs
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Workers' Comp
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Recent Posts in Workers' Comp Category
18
Apr
2018
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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Law Offices of Andrew B. Shin
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22
Mar
2018
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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Law Offices of Andrew B. Shin
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8
Mar
2018
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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Law Offices of Andrew B. Shin
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14
Feb
2018
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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Law Offices of Andrew B. Shin
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5
Feb
2018
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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Law Offices of Andrew B. Shin
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16
Jan
2018
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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Law Offices of Andrew B. Shin
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4
Jan
2018
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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Law Offices of Andrew B. Shin
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8
Dec
2017
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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Law Offices of Andrew B. Shin
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20
Nov
2017
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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Law Offices of Andrew B. Shin
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13
Nov
2017
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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Law Offices of Andrew B. Shin
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24
Oct
2017
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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Law Offices of Andrew B. Shin
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11
Oct
2017
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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Law Offices of Andrew B. Shin
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22
Sep
2017
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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Law Offices of Andrew B. Shin
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6
Sep
2017
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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Law Offices of Andrew B. Shin
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23
Aug
2017
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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Law Offices of Andrew B. Shin
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11
Aug
2017
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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Law Offices of Andrew B. Shin
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26
Jul
2017
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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Law Offices of Andrew B. Shin
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5
Jul
2017
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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Law Offices of Andrew B. Shin
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19
Jun
2017
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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Law Offices of Andrew B. Shin
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7
Jun
2017
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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Law Offices of Andrew B. Shin
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25
May
2017
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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Law Offices of Andrew B. Shin
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10
May
2017
Preparing for Your Workers’ Compensation Hearing
If you’ve never filed a workers’ compensation claim before, you may not know what to expect at your first hearing. People usually need to attend workers’ compensation hearings when someone has disputed whether you are entitled to the benefits or amount of benefits you should receive. While many cases settle, others are more likely to go to a hearing than others. For example, a dispute on the ...
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Law Offices of Andrew B. Shin
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13
Apr
2017
Common Workers' Compensation Terms Explained
The world of workers’ compensation can be difficult to navigate, especially if you are unfamiliar with the inner workings. These complexities can be confusing to anyone who isn’t a legal professional, which is why it is necessary you enlist in the help of a San Jose workers’ compensation attorney you can trust. If you have suffered an injury at work, it is vital you understand some of the top ...
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Law Offices of Andrew B. Shin
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15
Mar
2017
Top Causes of Workplace Injuries
Workplace injuries are far too common. According to the Occupational Safety and Health Administration (OSHA), approximately 4,836 workers were killed on the job in 2015, which is over 93 fatalities a week or more than 13 deaths every day. However, there are those injuries that occur more frequently than others. The following are the top 10 causes of workplace injuries: Overexertion – Injuries ...
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Law Offices of Andrew B. Shin
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8
Feb
2017
Changes in CA Workers' Comp Coverage Now Includes Execs
Effective January 1, 2017, new legislation expanded California workers’ compensation coverage by requiring coverage for certain officers, directors, and owners of companies unless they affirmatively “opt out” and waive coverage. AB 2883, signed into law by Gov. Jerry Brown on August 26, 2016, reverses the prior rule by which those high-level individuals had to “opt in” to get coverage. In general, ...
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Law Offices of Andrew B. Shin
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