Top Rated Workers' Compensation Attorneys
Bakersfield Workers' Compensation Lawyer
We are one of the best Bakersfield employment law firms
Bakersfield Workers' Compensation Attorneys
Have you suffered a workplace injury? Goldberg & Loren are Bakersfield workers’ compensation attorneys who fight for a workers’ rights to compensation in Kern County.
For over 30+ years we have represented those injured collecting over half a billion in settlements and through litigation.
We are top-rated work comp attorneys and available for free work comp consultations at our local Bakersfield offices located at 1701 Westwind Dr, Bakersfield, CA 93301 or by calling (661) 669-8224.
Our workplace injury attorneys work on a contingency fee basis on workers’ compensation claims, which means you won’t pay anything unless we win.
Goldberg & Loren Workers' Compensation Lawyers
Fight for Maximum Compensation!
Pay Nothing, Unless We Win
How Do I Know if I Have a Case?
If you have been injured at work in Bakersfield or in Kern County, you are eligible for workers’ compensation benefits under California state law.
Some of our clients use our legal services because they don’t want to miss out on their benefits from the start. Others wait until they are either denied, need to appeal, or because the employer refuses to pay.
Should I Fill Out the DWC-1 Claim Form?
The short answer is, yes.
Submitting the DWC-1 form is the pivotal first step in initiating the workers’ compensation process in California for any job-related injury or illness. By filling out and delivering this form to your employer, you formally notify them of your injury, thereby commencing the claim process for medical care, disability compensation, and additional benefits.
If you have a lawyer, they can assist you with the form. This form is then given to the insurance company, which then kicks of the investigation and a claim for workers comp.
With the form involving long-term of permanent disability benefits, feel free to reach out to our local Bakersfield office by calling (661) 669-8224 or fill out the form for a free no-obligation consultation.
Do Employers Have to Carry Workers' Compensation Insurance?
According to California Labor Code §3700.5. Every employer needs to carry workers’ compensation insurance. Failing to secure workers’ compensation insurance is classified as a misdemeanor, which can result in a penalty of up to one year in county jail, a fine starting at $10,000 (or up to twice the uncollected premium), or both..
Work comp insurance helps workers injured on the job pay for medical bills, medical treatment, and partial income.
Do I Need a Lawyer to File for Workers' Compensation?
No, you may freely report any work injury to your employer and typically that is enough if it isn’t to serious. But there are circumstances where retaining a lawyer should be considered, including:
Claim Denial or Delay: If your claim is denied or delayed, an attorney can help you appeal and gather needed evidence.
Employer or Insurance Disputes: When your employer challenges the legitimacy of the injury or denies it occurred on the job, securing legal assistance is essential to substantiate your claim.
Severe or Permanent Injuries: If you suffer from severe or permanent disabilities, an attorney can help you secure the fullest benefits possible, which may include long-term care and disability compensation.
Employer Retaliation: If you face retaliation like demotion, termination, or harassment after submitting a claim, an attorney can safeguard your rights and initiate legal proceedings.
Third-Party Claims: Third-party involvement in your injury requires legal help to manage complex, multi-claim cases.
Low Settlement Offers: If you receive a low settlement offer from the insurance company, a lawyer can advocate for a more equitable compensation.
What Recovery Options Do I Have for Work Comp?
In California, workers’ compensation offers various recovery options for those injured on the job. These include medical care for work-related injuries or illnesses. They also include temporary disability benefits to cover lost wages during recovery. Permanent disability compensation is for injuries that cause lasting impairment.
Workers may qualify for supplemental job displacement benefits. These help with retraining or further education if they cannot return to their previous job. Workers may also receive death benefits for dependents if there is a work-related fatality.
Table of Contents
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Bakersfield Workers' Compensation Attorneys
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How Do I Know if I Have a Case?
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Should I Fill Out the DWC-1 Claim Form?
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What Compensation Can I Get Under California Law?
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Do I Need a Lawyer to File for Workers' Compensation?
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What Recovery Options Do I Have for Work Comp?
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Types of California Workers' Compensation Disability
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What if You are Denied Workers' Compensation?
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Common Places Where Work Injuries Occur In
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Common Injuries in Workers' Compensation Claims
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Do I Have to Prove Employer Negligence to Get Work Comp Benefits?
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What Are the Benefits of Hiring a Work Comp Lawyer?
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Contact the Workers' Compensation Attorneys at Goldberg & Loren Today!
Bakersfield Practice Areas
Types of California Workers' Compensation Disability
There are four disability types in California. These are called Temporary Total Disability (TTD), Temporary Partial Disability (TPD), Permanent Total Disability (PTD), and Permanent Partial Disability (PPD).
They are summarized as follows:
Temporary Total Disability (TTD): TTD is provided when an employee is unable to work at all for a limited time due to a workplace injury. The benefit is typically two-thirds or 66.67% average weekly wages and continues until the employee returns to work or reaches maximum medical improvement.
Temporary Partial Disability (TPD): TPD is given to employees who can return to work on modified duties while recovering from their work-related injury. The benefit reflects the earning ability during recovery.
Permanent Total Disability (PTD): This is for employees who are injured so severely at work that they can never return to work or any type of employment. This means they receive two-thirds or 66.67% of their weekly wage prior to injury for life.
Permanent Partial Disability (PPD): Permanent disability benefits are for those who have a lasting impairment but can still perform some work. If the worker can not return to their current job, you may be awarded displacement benefits.
Determining disability types involves medical assessments, disability ratings, and evaluating how they affect the worker’s potential to earn in the future.
Our workers comp lawyers can help determine the type of worker’s compensation you are entitled to by thoroughly reviewing your injury, medical records, and work duties.
We have found that “costly” mistakes can be made by unsympathetic doctors, and pushes by employers to have someone return to work when they are physically not able to.
What if You are Denied Workers' Compensation?
If you were injured, are injured, and denied work comp in Bakersfield, you should immediately talk to a lawyer. The main issues for a denial include:
Delay or Failure to Report Injuries: Employees must report injuries promptly, you only have 30 days as required, in California to do so.
Lack of Medical Evidence: Insufficient medical evidence or the lack of documentation is a reason why claims are denied or a loss of benefits.
Missing Filing Deadlines: You must meet filing deadlines; claims must be filed within one year of the date of your injury.
Pre-existing Conditions: If you were injured in the past or have a prior injury, things become complicated quickly, and you can be denied just for a pre-existing condition to your new injury.
Not Establishing a Work-Related Cause: Our firm often sees this: you’re in a company vehicle accident, initially feel fine, but can’t move from an injury days later. You might be denied workers’ comp, suspecting the injury occurred elsewhere.
Employer and Insurance Disputes: In an effort to avoid benefits, employers and insurance companies may deny a work comp claim.
Delayed Treatment or Denials: Insurance company adjusters may deny medical procedures that impact claims.
Work comp is a highly time-sensitive legal procedure, and any delays or missteps can cause claims to be denied. That’s why having a seasoned and skilled workers’ compensation lawyer can make all the difference.
Common Places Where Work Injuries Occur In
Californians are hard-working. Many work in blue-collar and agricultural jobs. It does not matter if you were injured in a farm field or an office. Workers’ compensation is for everyone.
It may include the following types of injuries:
- Agriculture
- Auto Accidents
- Car Accidents
- Chemical Plants
- Civil Employees (Police, Fire, Ambulance)
- Construction Accidents
- Corrections Officers
- Factory Workers
- Farm Workers
- Industrial Accidents
- Machinery Accidents
- Oilfield Accidents
- Restaurant Workers
- Retail Workers
- Slip and Fall
- Truck Accidents
Common Injuries in Workers' Compensation Claims
Our office sees many cases year after year. Workers’ never expect to be injured, and when they are injured they are typically shocked at the severity of the injury.
The injuries include:
- Amputation
- Arm, shoulder, wrist or elbow injuries
- Back injuries
- Broken bones
- Burns
- Electrical shocks
- Eye injury
- Hearing loss
- Other injuries
- Paralysis
- Repetitive stress injuries (RSIs)
- Severe laceration (cut)
- Slip and fall
- Spinal cord injury
- Traumatic brain injuries
- Whiplash
- Wrongful death
Yes, unfortunately, there is death in the workplace and in workers’ compensation claims. Especially around dangerous jobs such as police, fire, crane operators, heavy machinery, and the like. Crushing injuries alone in factories represent a high percentage of cases that we see at our law firm.
Do I Have to Prove Employer Negligence to Get Work Comp Benefits?
No, workers’ compensation is for “any” injury. Regardless if the accident was your fault or due to someone else’s negligence, you have a right to workers’ comp benefits.
What Are the Benefits of Hiring a Work Comp Lawyer?
Peace of mind, with looming deadlines and complex procedures workers compensation can be a pitfall for many workers. An experienced Bakersfield workers comp attorney can guide and help you with the following:
- Filling out and filing complex paperwork
- Legal counsel on the right form of action and strategy
- Represent you at hearings and with denials, and appeals
- Obtain the proper medical care for your work injury
- Negotiate with insurance companies and employers for a fair settlement
- Meet paperwork deadlines
- Recovering funeral costs
- Knowing if you will need vocational rehabilitation
- Knowing California’s workers’ compensation laws
A work injury lawyer can keep the process moving when employers and insurance companies drag their feet. At Goldberg & Loren, we have battled the biggest insurers in the business.
Contact the Workers' Compensation Attorneys at Goldberg & Loren Today!
Since 1994, our law firm has been fighting for the rights of California workers. If you or a loved one has suffered a workplace injury in Bakersfield, CA, we can help you get the benefits you so rightly deserve.
Call us now at (661) 669-8224 to get a free work comp case evaluation.
Goldberg & Loren
Address: 1701 Westwind Dr, Bakersfield, CA 93301
Phone: (661) 669-8224
Source:
California Department of Industrial Relations (DIR) https://www.dir.ca.gov/
Our California workers' compensation lawyers are here to make your legal journey easy. With over 120 years of combined expertise in California law, there's no better choice than Goldberg & Loren.
George Goldberg
Senior Partner
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