For over thirty-five years, Habbas & Associates has fought for the
rights of workers who have suffered workplace injuries. We strongly believe
that injured workers deserve to receive workers' compensation when
they suffer injuries because of a specific event at work or pain because
of repetitive physical stress. From injuries such as leg problems and
carpal tunnel syndrome to work-related illnesses such as heart disease
or breathing problems, we will help you file for the workers' compensation
that you deserve.
Workers' Compensation Benefits in California
The purpose of providing medical benefits through workers' compensation
is to make it possible for someone who has been injured on the job to
receive any and all care and treatment which will be necessary to regain
his or her pre-accident state of health as nearly as possible. Provided
that the doctor assigned to your case considers that you need a certain
type of treatment to achieve this goal, you should be approved to receive
the compensation you need.
This is one of the reasons why it is important to find a doctor who has
your best interests in mind, rather than one who is on the side of the
insurance company and will therefore only order the absolute bare minimum
level of treatment. In cases where a full recovery is not possible, you
can continue to receive treatment until you reach the
maximal medical improvement (MMI), the level at which your condition is not expected to improve any
further even with continued treatment.
Our firm is an active participant in seeking workers compensation to help
individuals in their time of need. California Workers' Compensation
Law was created to protect the rights of the employee and the employer
in the event of an on-the-job injury, and our firm is intimately familiar
with the intricacies of this law. A workers' compensation attorney
in San Jose on our highly experienced legal team will review your injuries
and help you recover the financial compensation you need and deserve.
Types of Workers' Compensation Benefits
The amount you can receive in compensation for lost wages is generally
calculated at two-thirds of your average weekly wage. There are several
types of disability benefits which are intended for different situations:
Temporary Partial Disability
This type of benefit is paid in cases where the claimant is able to return
to work but not in the full capacity or perhaps is assigned to light duty.
It is used to help make up the difference between the worker's normal
wages and the amount he or she earns while partially disabled.
Temporary Total Disability
These benefits are paid in cases where the worker is injured to the degree
that he or she is forced to take time off from work in order to rest and
recover and therefore is deprived of all his or her normal wages.
As soon as you have reached the MMI, your doctor will evaluate your condition
to determine whether you are now permanently impaired. If you are, he
or she will assign you a
permanent disability rating, which is a numerical estimate of the degree to which your injury or illness
impairs your ability to work.
In the event that you lost a family member in a workplace accident, you
may be able to recover death benefits which can include up to $10,000
for burial expenses as well as $250,000 for a single dependent, $290,000
for two or more dependents and $320,000 for three or more dependents.
What If My Claim Is Delayed or Denied?
It is important to know that the fact that you are entitled to a certain
amount of benefits does not mean that the workers' comp insurance
company will pay you that amount – or even anything at all. They
may attempt to delay payment on your claim in order to frustrate you into
accepting a smaller amount, or they may dispute your claim by arguing
that your injury was not caused by an on-the-job accident or the conditions
of your workplace. They may try to minimize your claim for permanent disability
benefits by claiming that you are not impaired to the degree that you
Level the playing field between you and the insurance company by hiring a San Jose workers' comp lawyer from Habbas & Associates
to fight for you!
How To Appeal a Workers' Comp Denial
Just because your claim has been denied doesn't mean that you cannot
receive compensation for your injury. In California you have the ability
to file an appeal with the Workers' Compensation Appeals Board (WCAB)
and take your claim before a judge.
In this hearing you and your attorney will present evidence supporting
your right to workers' compensation benefits and the insurance company
will present their case against it. The judge will then decide whether
or not you should be awarded compensation.
Call an Experienced San Jose Workers' Compensation Attorney!
Under California law, employees have the right to medical care for workplace
injuries, as well as, guaranteed compensation during the recovery period.
With our firm's help, you may be able to seek reimbursement of your
medical expenses, benefits for lost earnings during recovery and compensation
for any permanent disability or impairment.
We offer you a free, no-obligation consultation with a knowledgeable attorney
from our firm so that you can see the difference that legal help can make
in your case. Some workplace injuries can involve a third party, someone
other than your employer, and this can further complicate your case. At
Habbas & Associates, we can handle all of these roadblocks and we
know how to use the law to your advantage to recover the workers'
comp benefits you need.
Contact a workers' compensation lawyer in San Jose at our firm today to get
started with your workers' compensation claim! Our offices are conveniently located in San Jose, Modesto, Sacramento,