Sacramento Workers’ Compensation Lawyers

Injured Workers Know They Have Allies in Us

It is not unusual for an injured worker to be misinformed after a workplace accident about their rights to compensation. Many employers don’t actually understand the details of the workers’ compensation policies they have for their employees, so workers can be left wondering what to do next. In other situations, insurance companies can intentionally mislead workers to deter them from filing a claim and obtaining workers’ compensation benefits.

Our team of Sacramento workers’ compensation attorneys from Rancaño & Rancaño, APLC is here to make certain that you are not left in the dark after an on-the-job accident or injury. We take pride in the fact that we only represent plaintiffs and claimants, never insurance companies or employers. This dedication to helping only the injured has made us one of the most trusted names in workers’ compensation representation throughout the region.

Discover the Rancaño & Rancaño, APLC difference that so many others have already. Call (916) 884-6554 or contact us online.

Understanding the No-Fault Workers’ Compensation in California

A workers’ compensation claim in California is based on a no-fault system, which means that liability is not a prominent factor. In fact, most claims never even consider liability when deciding if a claimant should be given benefits after a workplace accident. With this system, you can receive the benefits you need even if it was your mistake alone that caused your accident.

The no-fault system significantly simplifies the workers' compensation process, as it alleviates the need to prove the employer's fault for an accident. This model is beneficial for workers who seek timely support without the complications of legal disputes over liability. 

Our team ensures clients understand the nuances of this system, providing clarity and confidence in filing claims. By focusing on recovery and necessary paperwork, we streamline the entire process, empowering workers to focus on healing. We are committed to leveraging this system so that all injured employees receive fair benefits quickly and efficiently.

Workers’ compensation benefits can also become available to employees or workers who are hurt due to their job but not in an accident. Repetitive stress injuries suffered at work are common reasons for workers’ comp filings despite not being caused by a single incident or a mistake. Our law firm has represented plenty of agricultural workers who suffer from back pain and aches caused by long days working in fields, for example.

In exchange for “guaranteed” benefits under this no-fault system, in most cases, you cannot bring a civil claim against your employer if their negligence caused your injury. Beyond physical injuries, mental health issues related to workplace environments are increasingly acknowledged under California's workers' compensation law. 

Stress-induced conditions stemming from workplace pressures or job-related trauma are eligible for compensation. We assist clients in documenting and substantiating their claims thoroughly, ensuring all aspects of their workplace experience are considered. Understanding these rights can be crucial for workers facing psychosocial risks at their jobs, allowing us to offer comprehensive support across both physical and mental health spectrums.

Generally speaking, you may only sue your employer for a workplace injury or illness if:

• Your employer intentionally caused you harm
• Your employer fraudulently tried to cover up the hazard or danger that led to your injury
• Your employer did not carry the required workers' compensation insurance coverage

Types of Injuries Covered By Workers' Compensation

Workers' compensation covers nearly any type of injury or illness that occurs within the scope of your employment.

This includes, but is not limited to:

• Repetitive motion injuries
• Occupational illnesses / toxic exposure
• Commercial vehicle accidents
• Heavy machinery accidents
• Construction accidents
• Slips and falls

Additionally, California’s workers’ compensation system recognizes injuries resulting from workplace violence, even if such incidences are rare. For instance, if an employee is harmed due to an altercation at work, they may still be eligible for benefits. 

Moreover, illnesses contracted due to workplace conditions, such as respiratory diseases from prolonged exposure to dust or fumes, are considered under workers' compensation. Our firm excels in navigating these unique claims, ensuring that any work environment-related injury or illness receives justified attention and compensation.

What Injuries Are Not Covered Under Workers' Compensation?

There are some situations in which an injured employee may not be eligible to receive workers' compensation benefits after an accident. Injuries that are typically not covered by workers' compensation in California include:

• Injuries sustained while violating workplace safety rules, such as while drinking on the job
• Injuries not suffered during work or as a result of work
• Injuries sustained while commuting to or from work
• Self-inflicted injuries

Additionally, injuries that occur during voluntary events, such as a company-sponsored sports game or social gathering, may not qualify unless attendance was mandatory or the company benefited from the event. Employees must also be aware that injuries resulting from personal disputes, unrelated to work activities or duties, are generally not covered. 

It's crucial for employees to fully understand these exclusions to evaluate their claims effectively. At Rancaño & Rancaño, APLC, we guide clients through these intricacies to determine their best course of action.

Key Benefits You Can Get from Workers’ Comp

Several important workers’ comp benefits available in California are:

• Medical costs: Any medical care deemed necessary to help you recover from your job-related injury should be fully covered by workers’ compensation with no caps. Medical care includes but is not limited to hospitalization, emergency care, surgeries, rehabilitative therapy, prescription medicines, laboratory diagnostic tests, copays, deductibles, and travel costs to get to doctor’s appointments.
• Disability benefits: When you are unable to safely return to work for an extended period of time, you can become eligible for temporary or permanent disability benefits that are meant to replace your lost wages. Disability benefits are usually valued at two-thirds of your average weekly wages and are paid for up to 104 weeks. More significant disabilities warrant greater benefits, though.
• Supplemental job displacement benefits: After 60 days of disability, you can qualify for job displacement benefits that help you find another employment position. For example, your benefits could include the cost of training for an office job if physical labor is too demanding after an injury. You can still receive workers’ comp benefits while completing doctor-approved work, too.
• Death benefits: Surviving family members of loved ones who pass away due to a work-related injury can get special death benefits, which can include a portion of lost wages, funeral costs, and more.

One substantial advantage under the workers’ comp benefits includes the coverage of vocational rehabilitation services. These services are essential for injured workers needing to change careers due to the physical limitations caused by their injuries. 

Through personalized training programs, affected employees can acquire new skills adaptable to different roles, ensuring they remain competitive in the job market. Furthermore, workers’ comp can potentially cover counseling services to address the emotional and psychological impacts of workplace injuries, offering a holistic approach to recovery and reintegration into work life.

How Soon Must You Report Your Injury?

California requires you to notify your employer within 30 days of becoming injured or being diagnosed by a medical professional about a work-related injury or health condition. Waiting longer than 30 days can invalidate any chance you have to file a claim and seek benefits. 

Our Sacramento workers’ comp lawyers recommend you contact us and allow us to file a claim much sooner than that, though. Ideally, we will be able to file within a few days of your accident while the situation is still fresh in your mind. Also, waiting a while to report your injury could mean waiting to get medical treatments, which can be downright dangerous.

Beyond the 30-day notification period, it is critical that injured employees keep meticulous records from the outset. Documenting every aspect of an injury, including witness statements, medical visits, and communications with employers, can reinforce claims submitted later. These records may prove vital if any disputes arise concerning the nature or validity of the injury claims. At Rancaño & Rancaño, APLC, we assist our clients in gathering and preserving all necessary information to support their claims efficiently and effectively.

How to File a Workers' Compensation Claim in Sacramento

Filing a workers' compensation claim can be a confusing and intimidating process without the right help. Not only does the process require you to gather and produce documents quickly, but it may often expect you to be familiar with certain legal aspects that can impact your ability to receive full benefits, or even be paid at all. Our Sacramento workers' comp lawyers can guide you step-by-step through this process and ensure your interests are protected at all times.

In Sacramento, understanding local nuances in workers’ compensation claims can also impact the process significantly. Various industries dominant in the area — such as agriculture and technology — may have specific considerations under workers' comp, affecting paperwork and procedural requirements. Our experienced team navigates these complexities, tailoring our approach to align with local regulations and industry-specific needs, ultimately maximizing the likelihood of a successful outcome for our clients.

The steps for filing a workers' comp claim in Sacramento generally involve:

• Report your injury as soon as possible: As mentioned earlier, you must inform your employer about your work injury within 30 days. If you do not meet this deadline, your claim will most likely be denied. While you have 30 days, it is not advised you take this full time. Tell your employer immediately after you are hurt, even if your injury seems minor. If you want same-day medical treatments that aren’t paid out of your pocket, you should tell your employer right away, anyway.
• Get medical help: Once you have notified your employer, seek medical help at once. Your employer has the right to choose your treating physician for the first 30 days unless you have predesignated a doctor. Follow your doctor's instructions to the letter, attend all follow-up appointments, and keep all records of your treatment.
• Fill out and submit a claim form: Your employer should provide you with a claim form to fill out after learning of your injury or illness. If your employer does not provide this form, you can access it yourself online. Complete the employee section and return it to your employer promptly. You should receive a copy of this completed form at this time.
• Continue your medical treatment: Once your claim form is received, your employer's workers' compensation insurance company has 14 days to mail you a letter acknowledging its receipt and detailing the status of your claim. You will continue to receive medical treatment up to $10,000 while the insurance company is deciding to approve or deny your claim.
• If necessary, file an appeal: If your claim is denied, you can file an Application for Adjudication of Claim to request to have your case heard by a judge. This application should include your required documents, a notice to the parties, and a Declaration of Readiness to Proceed. Your case will be scheduled for a hearing called a mandatory settlement conference (MSC), at which time a judge will hear your side of the claim as well as your employer's side, then decide whether to reverse the claim denial or uphold it. If the judge upholds your claim denial, you may also appeal this decision by filing a Petition for Reconsideration. It is strongly recommended you work with an experienced attorney if you wish to appeal a denied claim.

Understanding Sacramento's Workers' Compensation Regulations

In Sacramento, as in the rest of California, workers' compensation regulations are designed to protect both employees and employers. The system is intended to ensure that workers who are injured on the job can receive medical care and compensation for lost wages without the need for extensive legal battles. 

It's important for workers in Sacramento to understand that the system places certain responsibilities on them as well, such as promptly reporting injuries and following designated procedures. Local nuances, such as variances in the availability of healthcare providers and industry-specific risks, can affect how smoothly the workers' compensation process proceeds. Our team at Rancaño & Rancaño, APLC assists Sacramento workers in navigating these intricacies and advocating for their rights in any disputes that may arise.

California's high rate of industrial activity, coupled with a large agricultural sector, means Sacramento workers are often exposed to different risks. Construction, manufacturing, and agricultural sectors have notable injury rates, often due to machinery, repetitive motion, or environmental exposure. 

Awareness and understanding of these specific risks are crucial in developing preventative measures and ensuring that any incidents are managed according to state regulations. We provide informed advice and representation to help workers receive the compensation they're entitled to, backed by comprehensive knowledge of local industry standards and regulatory expectations.

Let Our Sacramento Work Injury Lawyers Assist You

Our law firm was founded in 1989 and with the goal to help as many people in our community as possible with work injury and workers’ compensation claims. Thanks to our commitment to excellent legal service, we are proud to be able to say this goal has been met year after year, and we are still going strong. Please allow our Sacramento workers’ compensation attorneys to help you throughout your claim. Bettering your future with great legal work is our passion.

As a testament to our dedication, we actively collaborate with local support networks, ensuring our clients have access to the best possible care and advice from the onset of their injury through to their claim's resolution. 

By maintaining strong, positive relationships with medical professionals and business communities, we are equipped to anticipate challenges and strategize effectively, creating a support system that extends beyond legal representation. At Rancaño & Rancaño, APLC, we believe in empowering our clients with knowledge and support, tailored to each unique situation they face.

Call (916) 884-6554 to get a free consultation!

Frequently Asked Questions About Workers' Compensation

What Should I Do If My Workers' Compensation Claim Is Denied?

If your workers' compensation claim is denied, it is crucial to understand the reasons behind the denial to effectively address them. Initially, review the denial letter carefully, as it should outline why your claim was not accepted. Common reasons for denial include missed deadlines, lack of supporting medical evidence, or disputes about whether the injury was work-related. 

You have the right to appeal the decision, which involves filing an Application for Adjudication of Claim with the local Workers' Compensation Appeals Board. Preparing for an appeal requires gathering all necessary documentation, including medical records, witness statements, and any other evidence supporting your claim. Engaging with our team at Rancaño & Rancaño, APLC can provide significant advantages in navigating this often complex and overwhelming process, ensuring that your appeal is presented comprehensively and persuasively.

How Does Workers' Compensation Address Repetitive Strain Injuries?

Repetitive strain injuries (RSIs) are one of the most common types of injuries covered by workers' compensation, particularly in jobs involving consistent physical activity or specific motions. These injuries develop gradually, often affecting muscles, nerves, and tendons, and include conditions like carpal tunnel syndrome and tendonitis. In Sacramento, the workers' compensation system acknowledges RSIs and provides benefits for medical treatment and lost wages. 

To claim compensation for an RSI, it's essential to report the injury as soon as symptoms appear and seek medical evaluation from a professional who can validate the connection between the injury and your job duties. Building a strong case often requires detailed accounts of your typical job activities alongside medical documentation. At Rancaño & Rancaño, APLC, we assist clients in proving their RSIs, ensuring they receive the benefits they need for recovery and rehabilitation.

Can I Choose My Own Doctor for Workers' Compensation Treatment?

In California, your employer generally has the right to choose the treating physician for your workers' compensation claim for the first 30 days after you report your injury. If your employer has a Medical Provider Network (MPN), you will need to select a doctor within this network. However, if you pre-designate your personal physician before any work-related injury occurs, you may have the option to see this doctor instead. 

Pre-designation involves completing a form that informs your employer of your chosen physician, who must agree to the designation. After the initial 30 days, you have more flexibility, and you may choose a physician outside the MPN as long as they are authorized by the Division of Workers’ Compensation to treat work-related injuries. At Rancaño & Rancaño, APLC, we can guide you through this process and help ensure your healthcare provider meets the regulated criteria for workers' compensation cases.

What Is the Statute of Limitations for Workers' Compensation Claims?

The statute of limitations for filing a workers' compensation claim in California is generally one year from the date of the injury or from the date when you realized or should have realized your injury was work-related. For long-term conditions like repetitive strain injuries or occupational illnesses, the date may be less clear, and complexities can arise regarding when the statute begins. 

Thus, immediate reporting and informed action are vital. There are exceptions, such as cases involving minors or individuals who were misled about their rights or the nature of their injury. If you believe the statute of limitations could be an issue for your claim, it’s crucial to seek legal advice quickly. At Rancaño & Rancaño, APLC, we help clarify these timelines and work to ensure that procedural deadlines do not prevent our clients from accessing the benefits to which they are entitled.

How Are Benefits Calculated in a Workers' Compensation Claim?

Workers' compensation benefits in California are calculated based on the nature and severity of the injury, the worker’s earning capacity, and their ability to return to work. Temporary disability benefits are designed to cover up to two-thirds of your average weekly wage earned before the injury. Permanent disability benefits take into account severity and impact, based on a doctor’s evaluation, considering factors like lost bodily function and earning impairment. 

Often, this involves a percentage scale, which influences the overall compensation amount. Other benefits, such as medical expenses and rehabilitation costs, are typically covered in full, without a cap. Knowing how benefits are calculated and ensuring all aspects of the injury and its impact are properly presented can significantly affect the outcome. At Rancaño & Rancaño, APLC, we work diligently to accurately represent our clients' situations to secure the most favorable benefits under California law.