Workers’ Compensation claims and the injured Employee (Applicant)
What is workers compensation? Workers’ compensation, also known as “workers’ comp”, is a form of insurance that is purchased by employers designed to cover injured employees that get hurt while working. Have you or a loved one been injured on the job? Most, if not all employers, may tell their employees a little about their right to compensation, but they never explain the full extent of benefits that are a guarantee in California. In most cases, employers and insurance companies try take advantage of employees who have been hurt by making it extremely difficult to get the benefits they deserve. Victims of this are often tempted to even give up on their claim, forfeit substantial compensation and benefits, and proceed without the help of a strong advocate on their side.
The Law Offices of Savin and Bursk will fight for you!
NO FEE unless we get results: All workers compensation claims are handled on a contingency basis. That means we do not charge a fee unless your claim is successful! Attorney’s fees on workers compensation awards are also limited by Statute and the Workers compensation appeals board. Although there are small variations, the industry standard attorney’s fees are only 15% of the final award the attorney recovers. In most cases, having an attorney will increase your settlement value significantly.
Types of Injury claims:
Applicant Claims – Injuries
Some work injuries result from an accident or specific occurrence such as falling off a ladder at a construction site, slipping on water in a restaurant kitchen, or car accident. These are referred to a Specific Injury cases. You should be able to pinpoint within a reasonable accuracy the date and time of your injury. However you were injured, if you can identify the time, place, and date it happened, you likely have a specific injury claim.
Other types of injuries occur over a prolonged period of time and are a result of repetitive use. In fact, you may not even realize that your injury is work related and you likely will not know when it started. For example, many jobs require a repetitive motion such as lifting boxes, typing, getting in and out of a company truck, or years of working at a desk without proper ergonomic arrangements. These repetitive motions or actions can lead to serious injuries over the course of time and can seriously impact lifelong comfort and your ability to continue working. This is known as a Cumulative Trauma, often referred to as a CT Claim and means that your injury is the result of your daily routine and is thus an industrial injury covered by your employers’ workers compensation insurance.
Uninsured Employers Fund (UEF) Cases
Employees Injured By Uninsured Employers
If you have been injured at work and come to find that your employer does not have workers’ comp insurance, you need a lawyer who has keen knowledge in orchestrating this type of matter. Employers are legally obligated to acquire and maintain workers comp insurance for employees; an employer is an illegally uninsured party if s/he fails to comply.
Uninsured Employers Fund (UEF) cases differ greatly from typical workers comp cases. These cases involve joining the UEBTF (Uninsured Employers Benefits Trust Fund) and personally serving notice on the parties involved including substantial shareholders of corporations. UEF cases require much more finesse and an attorney who knows the system in-and-out. Our office has been handling UEF cases for over 25 years, and we are a leader in this field. Many firms refer UEF cases to our office or simply refuse to handle these matters.
The Law Offices of Savin & Bursk are ready to handle your case and have been extremely successful with UEF cases in the past. If you have been injured and do not know what to do because your employer is uninsured, you need to contact our office for a free consultation. Let us help you through this difficult and confusing process.
Common workplace injuries include:
- Back Injuries aka Lumbar
- Neck Injuries aka Cervical
- Upper extremities including shoulders.
- Hand, Arm, and Wrist Injuries
- Carpel tunnel syndrome
- Psychological and Mental suffering
- Occupational Disease and Toxic exposure
- Head and Brain Injuries (TBI)
- Lower Extremities including Legs, hips, ankles and feet.
Many Employees with workers’ compensation claims fear retaliation or unfair treatment by their employers. However it is illegal in California for an employer to retaliate against an employee for making an injury claim. Such maltreatment can establish an additional claim against your employer for huge fines and penalties. Protection is provided by California Labor Code 132a, which states in part “It is the declared policy of this state that there should not be discrimination against workers who are injured in the course and scope of their employment.” As such, any discrimination, harassment, firing or other will open your employer’s liability to Labor Code penalties and/or a Civil law suit.
You may be entitled to benefits under California Law if you have been injured on the job or your injury is a result of a cumulative trauma; the injury may be physical, mental, or emotional. Seeking the counsel of our experienced and aggressive workers’ compensation lawyers could be the best decision you make. Receive the maximum benefits and money to which you are entitled under California workers’ compensation law.
Let the Law Offices of Savin & Bursk and our highly experienced staff work for you. George J. Savin Jr. has helped thousands of workers receive lifelong benefits and has over 35 years experience. His cases, arguments, and settlements have helped shape workers compensation law in California to further expand the benefits to injured workers. With George J. Savin Jr.’s experience, the assistance of Adam J. Savin, Lonnie Savin Kantz, and the incredible staff at Savin & Bursk, you will have the support required to maximize your benefits. There is no out of pocket expense to applicants, and as your attorneys, we do not get paid a cent unless and until you win.
Come in for a FREE non obligation assessment of your claim. One of our Attorneys will answer your questions and let you know whether or not you have a claim.
Know your rights!
Workplace injuries are a common occurrence, and it is irrelevant if an injury was the result of your actions or the fault of another. Two parties are represented in workers’ compensation cases: the applicant—the employee who suffered an injury; and the defendants—the employer, insurance company. In some instances there are multiple defendants.
As a California worker, you are entitled to a clean and safe working environment including care for any work-related injuries. California workers comp is a “NO FAULT” system. Essentially, you are entitled to compensation and benefits for work-related injuries regardless of whose fault it was. California law requires that employers, and/or their workers’ compensation insurance carrier, provide an injured worker with all medical treatments reasonably necessary to cure or relieve any work injury. This includes medical attention, medications, treatments, and therapy at no out of pocket cost. If you need related medical treatment for the rest of your life, the insurance carrier is held responsible for paying those bills. More often than not, your employer and their insurance carrier try to take advantage of victims by settling as quick and for the least amount possible.
The Law Offices of Savin & Bursk have successfully pursued thousands of workers’ compensation cases for injured employees, have recovered tens of millions of dollars in benefits and awards for our clients, and can pursue a claim against your employer regardless of whether they are insured, self-insured, or illegally uninsured. You should never have to go up against these parties without the help of a strong advocate on your side. The skilled attorneys at the Law Offices of Savin & Bursk have the experience and knowledge to handle your case. Call today to get the benefits you deserve.