Modesto Work Injury Attorney
Work Injury Attorneys Assisting Workers Throughout the Central Valley
Every year, thousands of California workers are injured on the job. By law, any employee who is injured or contracts a work-related illness or condition while performing any act that benefits his or her employer is entitled to workers’ compensation benefits.
These benefits, which are offered through your employer’s workers’ compensation insurance, are designed to cover your medical costs and compensate you for lost wages while you are out of work. Unfortunately, obtaining your rightful benefits is not always easy.
At Rancaño & Rancaño, APLC, we help injured workers with all aspects of their workers’ compensation claims. From initial filings to appealing denied claims, our work injury attorney in Modesto can guide you through the process and ensure that you understand all of your legal options. With three office locations, we serve clients throughout California’s Central Valley.
Our commitment extends beyond just filing claims. We work tirelessly to investigate every aspect of your incident, ensuring all factors contributing to your injury are considered. By meticulously assessing each situation, we help maximize the benefits you receive. We also provide representation in hearings and negotiations, standing by your side every step of the way. This comprehensive approach helps in yielding the best possible outcome for our clients in Modesto.
Were you injured at work? Do you need help with your workers’ compensation claim? Contact Rancaño & Rancaño, APLC online or by phone at (916) 884-6554 for a FREE consultation.
Understanding California Workers’ Compensation Law
Workers’ compensation in California is what is known as “no-fault” coverage. In other words, you do not need to prove that your employer or another party acted negligently, leading to your injuries. In fact, many work-related accidents occur even when all proper safety precautions have been put into place.
Sometimes, it’s the very nature of the job that makes it hazardous to a worker’s health and/or safety. Take, for example, a migrant farm worker who must constantly bend down to pick crops—such a worker may suffer debilitating repetitive motion injuries. Under California workers’ compensation law, he or she is entitled to workers’ compensation if his or her injuries ultimately require medical treatment and/or prevent him or her from returning to work.
In other cases, workplace injuries can occur due to unsafe conditions, hazardous environments, or even defective products. There are a variety of conditions that can lead to workplace accidents and injuries. The important thing to remember is that if you are injured while you are working, you are almost certainly covered by workers’ compensation. This is true regardless of how many employees your workplace has, how many hours a week you work, and your immigrant status.
California’s no-fault system ensures that even workers who may have contributed to their own injuries through slight negligence are still entitled to benefits. This approach underscores the state’s commitment to worker welfare, striving to maintain a fair and accessible system. Additionally, the coverage extends to psychological injuries that are proven to be work-related, not just physical disabilities. This comprehensive scope highlights the strengths of California’s workers' compensation laws in safeguarding employee rights.
Common Work-Related Injuries & Accidents Involve
(This list is not exhaustive):
- Wet floors or cluttered walkways, leading to slips, trips, and falls
- Failure to follow safety regulations, leading to serious accidents and injuries
- Improper training and/or supervision
- Failure to maintain premises and/or work equipment (including vehicles)
- Defective work equipment and tools
- Motor vehicle accidents involving commercial vehicle drivers
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Costs Related to Your Workplace Injury
Workers’ compensation benefits are designed to assist you with certain costs related to your workplace injury. Note that workers’ compensation benefits do not cover non-economic damages, such as pain and suffering or emotional distress.
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Medical Benefits
Workers’ compensation will cover all costs related to your medical care for your workplace injury or illness. This includes things like hospital services, physical therapy, prescriptions, laboratory tests, and more.
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Temporary Disability Benefits
While you recover, temporary disability benefits can help make up for wages you lose as a result of being unable to work. In most cases, temporary disability benefits are limited to no more than 104 weeks within 5 years of the date of injury.
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Permanent Disability Benefits
If you suffer an injury that leaves you permanently unable to work, either in a partial or total capacity, workers’ compensation can compensate you for your lost wages. The amount of benefits you receive will depend on how your disability is rated by a doctor.
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Supplemental Job Displacement Benefits
If your workplace injury leaves you permanently disabled and unable to return to work within 60 days after your temporary disability benefits end, and your employer does not offer you modified work, you may be able to receive a voucher for state-approved job re-training. Exceptions apply; contact us for more information.
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Death Benefits
If your loved one died as a result of a work-related accident, injuries, or illness, you may be able to recover workers’ compensation death benefits. These benefits are provided to certain family members and dependents; contact Rancaño & Rancaño, APLC to learn more.
What to Do If You Are Hurt on the Job in Modesto
Seek Medical Care
If you are injured on the job, the first thing you should do is seek medical attention. Even if you believe you were not seriously injured, it’s important that you see a medical professional who can assess your injuries and recommend treatment.
Notify Your Employer
The next most important thing you should do is inform your employer that you were injured. In California, you only have 30 days from the date of the accident/injury to notify your employer if you wish to obtain workers’ compensation. If you suffer a work-related illness or a condition that is not immediately noticeable, such as a repetitive motion injury, the clock begins on the date you receive a diagnosis from a physician or another medical professional.
Once you have notified your employer of your injury, your employer has the right to choose your physician for the first 30 days. After this time, you may be able to request a new physician to treat your injuries. Different rules apply for different types of employers; contact our firm to learn more about your rights and options.
Complete and Return a DWC-1 Form
After reporting your injury, you should receive a workers’ compensation claim form (DWC-1) from your employer within one day. If you do not receive this form, you can download it directly from the California Workers' Compensation website. Complete the employee portion and return it to your employer as soon as possible.
Follow Your Doctor's Orders
Throughout the process, always follow all instructions provided by your doctor. This could prove critical if your claim is later denied or if you have any issues getting your rightful workers’ compensation benefits.
While navigating this process, keeping detailed records of all communications and documents related to your workplace injury is crucial. Document your medical visits, treatments, and any related expenses. This helps streamline any disputes or discrepancies that may arise and provides a comprehensive trail if further legal intervention becomes necessary. It's also vital to be aware of deadlines throughout the claims process to ensure timely submission of necessary documents to avoid unnecessary delays.
When to Contact a Workers' Comp Attorney in Modesto
If your employer or your employer’s workers’ compensation insurance provider has denied your workers’ compensation claim, contact an experienced work injury attorney in Modesto right away. It’s a good idea to work with a skilled lawyer if you are having any difficulties with your claim at all. The process can be complicated, but an attorney can help ensure your rights are protected and work with you in an effort to secure all of the benefits you are entitled to receive.
A workers' compensation lawyer can:
- Handle all necessary paperwork related to your claim
- Gather medical records, expert medical opinions, and other evidence
- Arrange or recommend treatment from trusted physicians
- Represent you during hearings, depositions, or at trial (if necessary)
- Advise you on third-party claims and other benefits
- Protect you from any forms of employer discrimination or retaliation
- Negotiate with your employer's workers' compensation insurance provider on your behalf
- Protect you against costly delays and other pitfalls that can harm your claim
It is important to know that timely legal intervention can often prevent complications from escalating. If your case involves complex situations such as pre-existing conditions, disputed injuries, or unclear medical evaluations, contacting an attorney early can significantly impact the outcome.
At Rancaño & Rancaño, our team provides not only representation but also a comprehensive understanding of the intricacies involved in workers' compensation claims, ensuring you have the guidance needed to navigate the system effectively.
Since 1989, Rancaño & Rancaño, APLC has been helping injured workers with workers’ compensation claims and benefits issues. Our work injury attorney in Modesto is prepared to answer your questions, address your concerns, and work tirelessly to obtain your rightful benefits.
Give us a call at (916) 884-6554 or contact us online for a free consultation; se habla español.
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What can I do if my workers’ compensation claim was denied?If your claim was denied, it is possible to appeal the decision by filing an application for adjudication of claim. If you have received a claim denial letter, we strongly recommend that you work with an experienced lawyer at our firm. We can help you take on your employer and/or their insurance provider so that you can focus on getting the critical medical care you need.
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Do I need to tell my employer I was injured at work?Yes, you must report the injury to your employer within 30 days. If you fail to report the injury within this timeframe, your employer may have grounds to deny workers’ compensation coverage. If you were injured at work but more than 30 days have passed and you have not reported the injury, contact us right away to learn more about your potential options.
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Does workers’ compensation cover all work-related injuries?Yes, generally speaking, workers’ compensation covers any injury or illness you incur while carrying out any duties that benefit your employer. There are several exceptions, however. For example, if you are injured at work while intoxicated or due to a fight/altercation you started or due to your own intentional actions, your injuries are not covered. Additionally, workers’ compensation in California does not cover emotional harm, commonly known as “pain and suffering,” even if such harm is connected to a physical injury or work-related illness.
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What benefits does workers’ compensation provide?In California, workers’ compensation insurance covers injured employees’ medical care costs, as well as temporary disability benefits, permanent disability benefits, supplemental job displacement benefits, return-to-work supplements, and/or death benefits. For more information on the benefits you are eligible to receive, please contact Rancaño & Rancaño, APLC for a free consultation.
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Am I covered by workers’ compensation?Yes; with very few exceptions, all employees in California are covered by workers’ compensation, regardless of the size of the business, the number of employees, or whether you work full- or part-time. Only independent contractors may not be covered and, in such cases, the onus is on the employer to prove that a claimant is, in fact, an independent contractor.
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Why Hire Rancaño & Rancaño, APLC?
When Your Benefits Matter, It Matters Who You Hire
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On the Side of WorkersOur firm is exclusively dedicated to helping injured workers and individuals receive the justice they deserve.
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Experienced Support StaffOur firm is staffed by experienced legal professionals who have been helping us serve injured workers for many years.
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Se Habla EspañolOur multi-lingual staff is proud to serve clients in both English and Spanish.
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Experience on Your SideOur firm has been serving injured clients throughout California's Central Valley for 30 years.
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A Reputation for ExcellenceWe have received countless testimonials from happy clients since our law firm first opened its doors in 1989.
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A Track Record of SuccessOur firm has recovered millions of dollars for injured workers and individuals.