Workers Compensation Attorney / Lawyer
Helping you with your Workers’ Compensation claim
At the Law Offices of Norman J. Homen our goal is to provide the injured and disabled clients with the best results in a timely and cost-effective manner. For over 16 years, our outstanding litigation team has remained dedicated to the rights and welfare of injured and disabled clients throughout Southern California including Los Angeles, Orange County, Riverside and San Bernardino County at Status Conference, Mandatory Settlement Conference, Trial and Expedite Hearings in front of The State of California Workers’ Compensation Appeals Board. Mr. Homen is dedicated to help clients receive proper medical care, temporary disability and permanent disability, vocational rehabilitation or voucher or other compensation should the impairments become permanent.
Types of Injuries
A work injury may be the result of a single incident, such as dropping a heavy object on your foot, or cutting your finger on a machine.
An injury may also be the result of continuous trauma (“ct”) of work activities over a period of time, for example, a person whose job requires the lifting of heavy objects over a period of time may develop back or neck pain. Another example would be a person whose job requires repetitive motion of the hands or wrists such as assembly work or typing at a computer. This work might develop carpal tunnel syndrome or repetitive use syndrome of the wrists, and this would also be considered a work injury entitling a person to the same benefits as if it had been a specific injury. Another example of continuous trauma would be an employee, either by the nature of the job or harassments of the management, developed stress, anxiety and depression. This type of injury will constitute a psychological claim.
Filing a Workers Compensation Claim
All employers in California must have Workers’ Compensation coverage. In California Workers’ Compensation is a no-fault system.
A majority of injuries are covered under Workers’ Compensation such as asbestos, diseases, illnesses, accidents and death due to employment. Workers’ Compensation does not limit the injury. The issue is whether you were injured while employed at your job. If you sustained an on the job injury then you are entitled to benefits to help you recover from that injury.
You may think that you do not have case because you worked as a Gardner, trucker or maid but you have rights. Your job title does not define whether you are entitled to Worker’s Compensation benefits. Your entitlement to benefits can be limited by the amount of hours worked within a 90 day period or amount of wages earned in a 90 day period. For these reasons you need to seek legal counsel.
What if my Employer does not have Workers’ Compensation Coverage?
The State of California will pick up the claim through the Uninsured Employer Fund. It is illegal for a company not to be insured for Workers’ Compensation but it does happen. Penalties can be assessed against a company that does not hold Workers’ Compensation Insurance. This does not affect your case as an injured worker. Your case will continue against the Uninsured Employer Fund. You may still obtain medical benefits.
Types of Workers’ Compensation Injury Cases
Our attorneys handle various types of work place injuries. Below are just a few examples:
- Carpel Tunnel, Tendonitis or other repetitive motion injuries
- Muscular injuries, broken bones, torn ligaments, torn rotator cuffs, Neck Back and herniated disks from lifting, pushing, or other actions
- Toxic Exposure
- Hearing loss
- Respiratory illness
- Head injuries like concussions or traumatic brain injuries (TBIs) from falling objects or falls
- Construction accidents
- Assorted injuries to the back, spinal cord, shoulder, eyes, knees, neck, hip, ankles, wrists, feet and hands
- Infections disease and other injuries sustained by healthcare workers
- Trucking Accidents or other MVA accidents that occurred on the job
- Loss of Vision
What benefits am I entitled to?
An employer Workers’ Compensation Insurance Carrier is required to pay for necessary medical treatments, testing, and prescription drugs associated with a work injury. They also may pay temporary total disability benefits if you are unable to return to work while you heal.
If I file a Workers’ Compensation Claim can my employer fire me?
An employer cannot fire you for filing a claim. If so, then you have 1 year from the date of injury to file a 132a claim against the employer.
Can I sue my employer for my injury?
Workers’ Compensation is the exclusive remedy. You cannot file a civil action against the employer. However, there may be a third party claim if a third party contributed to the accident
Temporary Total Disability
If you cannot perform the work which you were hired for due to a work related injury you may be entitled to temporary total disability benefits. These benefits are based on your average weekly wage. Although they are lower than your weekly wage they are tax free.
Temporary total disability benefits will assist you in paying for life’s necessities such as food, rent, and living expenses. It will ease your mind knowing that while you are recuperating from your injury money will be coming in to help you pay for your necessities. This will take the pressure off as you heal from your industrial injury.
According to State Legislature temporary total disability benefits are only for a 104 week period. This benefit is only available for admitted claims. It may be necessary to prove that you sustained an injury at work. If this is the case we will need to obtain medical reports to prove your injury. Cases that are originally denied can be admitted at a later date. It is our job to work with you to gather the necessary evidence to prove up the injury. If necessary we will work the case up to go to trial on the limited issue of AOE/COE in order to obtain temporary total disability benefits for you.
In denied claims the Insurance Company will not provide temporary total disability benefits. If your claim has been denied by the Insurance Company you may be eligible for EDD benefits. EDD benefits are only available for a 1 year period.
It is our philosophy to obtain the best outcome for your case. We will do everything we can to help you obtain the benefits you are entitled to.