FAQ and Answers from a Disability Attorney in Nevada City

Attorney for Workers Comp in Roseville

Every day, thousands of people do an online search for a disability attorney near Nevada City, California. Most people are not fully aware of the intricacies involved in California disability laws. That is why many people search online to learn more about Social Security disability benefits and their rights as an employee. Below are some common questions disability attorneys are regularly asked along with their answers. Please visit our California Social Security Disability FAQ page for more detailed information.

My Social Social Security Disability Claim Was Denied. Now What?

The Social Security Administration (SSA) will routinely deny initial applications for social security disability benefits. Although it is not uncommon to be denied, you must respond quickly if this happens to you. Everyone has only 60 days from the date stamped on the SSA letter to file an appeal to their disability claim. Acting quickly after being denied could save your SSA disability claim.

What Do I Receive If My Disability Claim Is Approved?

Disability benefits can include a number of things. They could include individual monthly monetary benefits, Medicare (or for SSI claims, MediCal/Medicaid), family benefits, and more. When the Social Security Act was passed, a formula was agreed upon to calculate the individual benefits a person could receive which is usually more than early retirement pays. A disability attorney in Nevada City can give you a good idea of what you can expect depending on your circumstances. It is important to bear in mind that each case is different as are the benefits a person can/will receive.

How Can I Know If My Disability Qualifies For Disability Benefits?

The Social Security Act defines an eligible disability as the “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to last for a continuous period of not less than twelve months or result in death.” The best way to determine if you qualify is by visiting a qualified physician or consulting with a licensed disability attorney.

If I Have Not Worked In Some Time Do I Still Qualify?

A person must have a specific amount of Social Security earnings or work credits in order to qualify for disability benefits. A good way to determine this is by counting how many years in the last decade you have worked. If you answered five years or more then you have most likely accumulated enough of these work credits to qualify. A qualified disability attorney can calculate if you have enough to qualify for disability benefits.

Can I Apply On My Own?

Everyone is able to apply for their own Social Security benefits and represent themselves through all legal proceedings. Although you are able to apply on your own, most disability benefits experts will agree that hiring a disability lawyer is highly recommended. In fact, people that hire a disability attorney in Nevada City are much more likely to win their disability claims than those who do it on their own.

I Was Denied Last Year. Can I Still Appeal?

There is no limit to the number of times a person is able to apply for disability benefits and you may qualify even if you were previously denied. This is especially true if your medical condition has become worse since you were last denied. It is recommended that you should hire a disability attorney to assist you in appealing your case or filing a new disability claim.

Follow us: Facebook | LinkedIn

Disability Attorney Nevada City

What Is Workers Compensation?

Have you been Injured on the job?

The period following a work-related injury can be a stressful time without a Nevada County, Placer County or El Dorado County workers compensation attorney in your corner. Workers’ Compensation is an extremely helpful entitlement program and one of the most widely used in the United States.

Workers’ compensation can be broken down into a series of benefits that help employees following a work-related injury or illness. The injury can be from an specific accident or cumulative trauma (such as carpal tunnel syndrome) or be the result of a disease that has been caused by the work environment. All employees are covered by the Workers’ Compensation Act and employers are legally bound to provide benefits to their employees by law.

Most employers will handle the benefits through an insurance policy provided by a third-party carrier. Although on paper the process may seem fairly straightforward, it can be a challenge due to unresponsive employers and aggressive insurance companies.

Filing A Workers’ Compensation Claim

The injured employee can attempt to file the workers’ compensation claim on their own. However, they must still follow strict filing regulations or risk having their claim denied. Claimants must have proper documentation dependent on the work-related injury. One of the most common reasons why a claim is denied is because of improper filing and missing necessary documentation.

If you’re considering filing a California workers’ compensation claim, a workers compensation attorney in Nevada County can assist you through every step of the filing process. With years of experience in workers’ compensation law, these attorneys can help gather the proper documents and meet all the filing criteria.

It is important to remember that every state and city have their own laws and workers compensation regulations that must be followed. The claim is filed against the employer’s workers compensation provider instead of the employer themselves.

California Workers’ Compensation Benefits

According to the Worker’s Compensation Act, benefits are divided by categories. Two of these categories include:

Temporary Total Disability (TTD) are benefits paid to the employee when they are temporarily unable to return to work. The benefits of a TTD include an ongoing series of payments until the employee returns to work, until their medical condition substantially stabilizes and usually, for a maximum of two years.

Permanent Disability (PD) are benefits paid to the employee when they have sustained injuries that prevent them from returning to work in any way. Circumstances may differ depending on the kind of injury. These benefits are typically a lump sum settlement negotiated by the Nevada County workers’ compensation attorney representing the employee.

Consult a Nevada County Workers Compensation Attorney

It is important to note that these are not all the available benefits categories and they may change depending on the injury and circumstances. Also, insurance companies will usually do their best to avoid paying out full benefits. They actively attempt to deny benefits to employees and have expert attorneys with an extensive knowledge of workers’ compensation law.

Your Nevada County workers’ compensation attorney will communicate and negotiate with the insurance company on your behalf. Although the period following a work-related injury can be extremely stressful and uncertain, a workers’ compensation attorney works to ensure you receive the total amount of benefits you are entitled to.

EARLY INTERVENTION WORKS! Contact Gold Country Workers’ Comp Center to schedule a free case consultation with an experienced California workers compensation attorney soon.

Follow us: Facebook | LinkedIn

Workers Compensation Attorney Nevada County

The Importance of a California Workers Compensation Law Firm

Kim LaValley Workers Comp

A workers compensation law firm can assist you get the benefits you deserve following a work-related injury. When you get hurt at work, the most important thing to do is contact a California workers comp attorney about your injury and case. EARLY INTERVENTION WORKS!

Workers comp lawyers work closely with clients throughout the entire workers’ compensation process. They use their vast experience and expertise in workers compensation law to achieve the best result for their client.

Workers compensation laws differ depending on the state. That is why it is important for you to find a workers’ compensation attorney in California with the experience and license to practice in the state where the claim is made.

Choosing a California Workers’ Compensation Law Firm

There are many options available for finding the right California workers comp lawyer for you. It is recommended that you find a workers comp attorney soon after the workplace injury.

If you feel that there may be some difficulty with your claim, then you should find a workers comp lawyer first before contacting your employer or the state. The first way to find a workers comp law firm is to search your state through an online search.

Once you find some potential candidates, you can start searching for online reviews of how previous clients felt about their experience. Be sure to search for reviews that are descriptive and give you a good idea of the case the reviewer had.

Although no two workers compensation claims are the same, you can get a good idea of how a workers compensation law firm may treat your claim by searching for reviewers who had a similar case. Directly contacting the workers’ compensation law firm after you narrow down your potential candidates is recommended.

This will help answer important questions such as how the firm interacts with potential clients and what you should bring to a consultation. At the initial consultation, you can describe your circumstances and your claim to the attorney.

The workers’ comp attorney can then answer questions regarding how the firm communicates with clients, who will be handling your claim, and how the attorney’s fees are handled. Remember that the workers’ comp attorney should be able to clearly and honestly answer any questions you may have.

It’s important you feel confident in the expertise of the attorney you choose to represent you throughout your case. If you do not feel that the workers’ comp attorney can help you, for whatever reason, you should continue looking. 

How Workers Comp Lawyers Help Clients

Unfortunately, the workers compensation process can be stressful, challenging, and complicated for anyone who is not familiar with it. Even worse, employers and insurance companies can be difficult and sometimes even hostile through the process.

A workers comp law firm can help clients through every step of the workers’ comp process and ensure that the proper documentation and motions are filed. One of the most common reasons why a workers’ comp claim is denied is for incorrect or missing paperwork.

A workers’ comp attorney will gather the necessary documentation to prevent their client’s claim from being denied. Although most cases settle by agreement, if the claim goes to trial, your workers’ comp attorney will represent you in court.

The earlier you hire a workers comp law firm following your work-related injury, the better it will be in the long term. The time following a work-related injury can be extremely stressful on you and your family.  The fee is the same whether you get an attorney early on or towards the end of the process.  Having representation early helps insure your case is developed to maximize your benefits all along.

The pain of injury, lost wages, and medical bills can all make a difficult situation even worse. Fortunately, a workers comp lawyer can relieve this stress and ensure that you receive the maximum amount of benefits you are legally entitled to.

Contact Gold Country Workers Comp Center to schedule a free case consultation with a California workers compensation attorney and begin working on a successful resolution for your workers’ comp claim today.

Follow us: Facebook | LinkedIn

Workers Compensation Law Firm

Be Prepared With a Workers Compensation Injury Attorney

Get Compensation for a Work Injury in Roseville

A workers compensation injury attorney can help you navigate the difficult period following a workplace accident. There are unfortunately a number of barriers that can prevent you from receiving a fair let alone the maximum amount of benefits.

Some of the barriers to getting benefits include combative insurance companies, difficult employers, and collecting the proper paperwork and documentation to support your workers’ compensation claim. California workers’ compensation lawyers are dedicated to the field of workers’ compensation and are experienced in overcoming the potential challenges you face.

Although the period following a workplace injury can be extremely stressful, workers comp attorneys can defend your rights and fight for you. Gold Country Workers Comp Center is a highly experienced and renowned workers compensation law office with a long history of success for clients.

Workplace Injury

The workplace can be a dangerous place sometimes because of employer negligence and at other times because of unfortunate accidents. Workers’ Compensation was designed to assist workers who suffer an injury from their workplace environment.  Workers’ compensation benefits are payable regardless of fault.

Workplace injuries, whether the result of a sudden accident or resulting from cumulative trauma over time, can both have an incredibly disruptive effect on the lives of an employee and their family. This disruption can be incredibly painful, traumatic, and expensive due to mounting medical bills.

Workers’ Compensation is meant to address these issues through financial means. Medical bills can be paid and lost wages recovered due to a workplace injury from workers compensation.

As mentioned above, insurance companies and employers will typically make as little an effort as possible to pay when an employee files a workers comp claim. Claims can even be denied based on incomplete or missing paperwork.

How A Workers Compensation Attorney Can Help

Hiring a dedicated workers compensation injury attorney can provide you with a number of benefits. These benefits can lead to a successful outcome when it comes to filing and prosecuting your workers’ compensation benefits claim.

A workers’ comp attorney will first assist you in filing a workers’ comp claims report to the appropriate organizations. According to California state law, every business is legally required to carry insurance for their employees.

Employers and insurance companies can take a number of steps to attempt to disrupt the process or pay out fewer benefits. A workers comp attorney has the experience to deal with employers and insurance companies.

Filing the claim is only one step in the workers’ compensation process. It is important to keep in mind that, until the claim is processed and accepted, you may have to pay out of pocket for medical bills, no matter how expensive.

It is recommended that you immediately file a formal claim form with your employer, and keep all medical visit records documented and organized. This can completely change the outcome of a claim from being denied to being accepted.

Contact a Gold Country Comp Lawyer

You should not wait to begin the workers’ compensation process and the first step is to hire an experienced workers’ compensation lawyer like Gold Country Comp. EARLY INTERVENTION WORKS.  Our team of highly proven and committed attorneys can help you through the process and increase your chances of receiving the maximum benefits you deserve for your workplace injury.

Contact us today for a free consultation by calling 530-362-7188 or to speak with a friendly staff member who can answer your questions.

Follow us: Facebook | LinkedIn

Workers Compensation Injury Attorney

 


Gold Country Comp
GoldCountryComp
GoldCountryComp.com

Types Of Settlements In Workers Comp Cases

Injured on the Job?

A Marysville workers compensation attorney can assist clients through a workers’ compensation case to ensure the best result is reached. Unlike other legal cases, workers’ compensation cases are decided by a workers’ compensation judge or at a workers’ compensation appeals board.

There are three distinct types of settlements for workers’ comp cases. Understanding them can give a client a better idea of what a workers’ compensation lawyer can provide. Below, these three types of settlements or outcomes are explained.

Clients should take special note that a workers’ comp attorney cannot ask for an advanced payment without the consent of a workers’ comp judge. For more information or to discuss your case in detail, please contact a Marysville workers compensation attorney at Gold Country Workers’ Comp Center to schedule a free case consultation.

Stipulation With A Request For Reward

A settlement known as a Stipulation with a Request for Reward involves the client receiving bi-weekly installments covering the amount of partial permanent disability (PPD) money owing. 

Factors that influence this settlement include the percentage of disability found by both the treating doctors and evaluating doctors, the client’s earnings, age and occupational duties, and whether they will be physically able to return to work following medical treatment.

California workers’ compensation laws also qualify a client that receives this kind of settlement for the lifetime workers’ compensation benefit of paid medical care in the future. (This is subject to the California procedures that generally limit the medical care to what the insurance company’s doctors allow.)  This settlement also allows a client to reopen their workers’ comp case within five years of the original workplace injury if their disability level has increased.

Following the five year time period, the disability percentage will be final. Despite this, the lifetime of workers’ comp medical care will remain open.

Compromise And Release

The next type of settlement a Marysville workers compensation attorney can assist a client with is known as a Compromise and Release. This outcome will provide a workers’ comp benefits claimant to receive one large lump sum.

The sum is meant to financially settle all issues involving a workers’ compensation case, including any temporary disability payments that may arguably be owing and the partial permanent disability owing.  A Compromise and Release settlement is typically pursued in workers’ comp cases that involve future medical care, back pay benefits, and permanent or temporary disability from the workplace injury, with the final settlement of all those benefits being covered by the one agreed upon final amount.

When a judge approves this kind of award, all workers’ comp issues regarding the case are considered completely settled.

However, there is a hybrid type of settlement, where all issues are settled with the exception of future medical care.  Insurance companies generally avoid this type of settlement, but attorneys can often negotiate for this type of settlement.

If the case can’t be settled, a Trial will be necessary

A workers’ comp attorney can assist a client with a trial before a judge.  A judge won’t have authority to Order anything that can’t be covered in the same way as a Stipulation with a Request for Reward settlement mentioned above.

Unlike in the above-mentioned settlement, a judge will hear the medical and possibly vocational evidence a client has along with their testimony to make a decision.  The defense will have an attorney appear and try to present evidence favorable to the employer’s position.  A client who appears without an attorney is at a distinct disadvantage.

If a judge rules in favor of the client, the judge will determine the percentage of the client’s permanent disability, including the factors discussed above, award back due temporary disability, if any,  and if the evidence supports it, award future medical care benefits for treatment to those body parts and systems found to be industrially injured.

Early intervention works!  Only workers’ compensation specialists understand the law well enough to advise clients in dealing with trained claims adjusters and attorneys.  You are definitely at a disadvantage in the process if you don’t have an attorney to speak with.   Consult with a California workers compensation attorney today to begin working towards acquiring the benefits you are rightfully owed.

Follow us: FacebookLinkedIn

Marysville Workers Compensation Attorney

Gold Country Comp
GoldCountryComp
GoldCountryComp.com