Wherever your serious injury occurred-be it a construction zone, an industrial site, or your everyday workplace-your path to a full and positive recovery is what matters most to us.
At Law office of Roy Yang, we approach every claim with the same diligence and determination as a high-stakes personal injury case. As your trusted Stockton workers compensation lawyer, our role is to lift the weight off your shoulders, fight for your rights, and ensure your needs are prioritized. From quality medical care to long-term financial security, we work tirelessly so you can focus on regaining your strength and peace of mind.
When you’re ready to take the next step, we’re here to listen and help guide you forward.
Remarkable Settlements
$225,000
Construction Accident
$175,000
Warehouse Accident
$150,000
Farming Accident
$75,000
Industrial Accident
What You Should Know About Workers’ Compensation in Stockton?
Workers’ compensation is designed to help employees who get hurt or sick due to their work duties.
What Is Workers’ Compensation Under California Law?
Workers’ compensation in California is a state-mandated insurance system that provides medical care, wage replacement, and other benefits to employees who suffer work-related injuries or illnesses. Under California law, nearly all employers are required to carry workers’ compensation insurance, regardless of company size or the number of employees.
What Does Workers’ Compensation Cover?
Workers’ compensation provides comprehensive support tailored to your unique circumstances. Workers’ comp benefits include:
Medical Treatment
Temporary Disability Benefits
Employers must provide immediate medical care up to $10,000, with further treatment covered as needed until the injury is considered stable or permanent.
If the injury prevents you from working, you receive ⅔ of your gross wages, subject to state minimum and maximum limits, until you return to work or your condition stabilizes.
Permanent Disability Benefits
Lifetime Medical Care
For lasting impairment, workers may receive permanent disability payments, and if the disability is rated over 70%, they qualify for a life pension.
Death Benefits
If a work-related injury or illness causes death, eligible dependents receive death benefits, including funeral expenses and ongoing financial support.
If your injury results in a permanent condition requiring ongoing treatment, you are entitled to lifetime medical care for the affected body part(s).
Why Do You Need a Stockton Workers Compensation Lawyer?
While workers’ compensation is designed to help employees, the process isn’t always straightforward. Many workers encounter obstacles, such as denied claims, insufficient benefits, or uncooperative employers. A Stockton workers’ compensation lawyer can provide the guidance and advocacy you need to overcome these challenges.
Hear What Our Clients Say
The Workers’ Compensation Process in Stockton
Getting familiar with the workers’ compensation process can make you feel more prepared when managing your claim. While every case has its specifics, the following steps provide an overview.
- Reporting the Injury: Notify your employer as soon as the injury happens. In California, this must be done within 30 days to maintain your right to benefits.
- Filing a Claim: After reporting the injury, your employer will provide a DWC-1 Claim Form. Accurately filling out this form with details of the incident is essential to start your claim.
- Medical Evaluation and Treatment: You’ll need to see an approved doctor for an initial examination. This evaluation helps determine the severity of your injury and the benefits you may receive.
Common Mistakes to Avoid When Filing a Claim
Filing a workers’ compensation claim is somewhat straightforward, but even small mistakes can jeopardize your chances of receiving the benefits you deserve.
- Delaying Reporting: You must notify your employer immediately after an accident to prevent complications or outright denial of your claim.
- Incomplete or Incorrect Forms: The DWC-1 form, central to your claim, must be filled out thoroughly and accurately to avoid unnecessary delays.
- Not Keeping Records: Many workers fail to maintain copies of vital documents, including medical reports, employer communications, and receipts related to their injuries.
- Ignoring Deadlines: California law imposes strict time limits on various stages of the workers’ compensation process, and missing these deadlines could result in the forfeiture of your rights to benefits.
What to Do If the Claim is Denied?
A denied workers’ compensation claim can shock you and make you feel like a significant setback, but it doesn’t have to be the end of the road.
- Review the Denial Letter: Sometimes, the denial is based on missing information or technicalities that can be resolved with additional documentation.
- Request a Reconsideration: You can file an Application for Adjudication of Claim to request a formal review.
- Seek Legal Help: Your attorney will help gather compelling evidence, prepare for court hearings, and advocate to ensure your rights are protected and your claim is reconsidered.
How Is the Payment Determined?
In Stockton, understanding how workers comp is calculated begins with your average weekly wage (AWW) – including regular pay, overtime, and certain benefits. California’s system provides temporary disability payments at two-thirds of your AWW, offering crucial financial support during recovery.
For permanent injuries, the calculation becomes more complex. Its benefits depend on how severe your injury is and how long your injury impacts your ability to work. Age, occupation, and the extent of physical impairment determine the appropriate compensation.
Special Workers’ Compensation Situations
Workers’ compensation claims can sometimes involve unique or challenging situations. Here’s what you should know:
Workers’ Compensation for Work-Related Death
If a worker passes away due to a job-related injury or illness, their family or dependents may be eligible for death benefits. These benefits cover burial expenses and provide financial support to dependents who rely on the worker’s income.
Addressing Pre-Existing Conditions
Pre-existing conditions can also complicate claims. However, if a workplace injury worsens an existing condition, you’re still entitled to compensation for the aggravated portion.
Handling Denied or Disputed Claims
You have the right to appeal if your claim is denied or disputed. The first step is to request a reconsideration from the insurance company. If that doesn’t work, you can take your case to a workers’ compensation appeals board to resolve the issue.
Long-Term Disabilities and Illnesses
Workers’ compensation provides benefits for both temporary and permanent disabilities:
- Temporary Disability: If you cannot work for a short period due to your injury, temporary disability benefits are designed to cover some of the lost wages until you recover and return to work.
- Permanent Disability: This type of disability is categorized into two types:
- Partial Permanent Disability: When the injury results in permanent limitations but doesn’t completely prevent you from working, you may receive partial permanent disability benefits.
- Total Permanent Disability: If your injury permanently disables you from working, you may qualify for total permanent disability benefits.
Workers’ Compensation in Different Industries
Every industry presents unique risks, and our Stockton workers’ compensation lawyers have experience handling claims across various fields.
Construction Industry
Workers often face hazards like falls, equipment accidents, and exposure to harmful materials.
Healthcare Industry
Healthcare employees may encounter risks like back injuries, needle sticks, and exposure to infectious diseases.
Industrial and Manufacturing Jobs
Heavy machinery and repetitive tasks make workers prone to injuries like fractures, burns, and chronic conditions.
Office and Administrative Work
Though less physically demanding, office jobs can lead to repetitive strain injuries and stress-related conditions.
Regardless of the industry, you may be entitled to workers’ compensation if you suffer any physical or mental injuries in your workplace.
Essential Steps to Take After a Workplace Injury
The following steps are designed to ensure that your rights are protected and your chances of a successful workers’ compensation claim are improved:
- Report the Injury: Notify your employer as soon as possible, within 30 days.
- Seek Medical Attention: Get checked by a doctor, especially one approved by your employer’s insurance.
- Document the Incident: Record details of the injury, including where, when, and how it happened.
- Fill Out a Claim Form: Complete the DWC-1 form and submit it to your employer.
- Follow-up: Keep track of medical appointments and claim progress to avoid delays.
- Consult a Lawyer: Consult a workers’ compensation lawyer to ensure your claim is handled correctly.
Why Choose the Law Office of Roy Yang?
Trust, experience, and dedication matter when choosing a worker’s compensation lawyer in Stockton. For over 15 years, the Law Office of Roy Yang has advocated for injured workers across the region.
Here’s why clients turn to us:
- Free Consultations: Discuss your case at no cost.
- Contingency-Based Services: You don’t pay unless we win.
- Proven Expertise: Our team handles even the most complex construction accident injury cases.
At the Office of Roy Yang, we aim to protect Stockton workers and their families. If you’ve been injured on the job, don’t wait. Contact us today to schedule your free consultation with a trusted worker’s compensation lawyer and take the first step toward justice.
FAQs: Stockton Workers Compensation Lawyer
How long does it take to reach a workers' comp settlement?
It varies. The time it takes to reach a workers’ comp settlement can be months to over a year. The timeline depends on injury severity, case complexity, and if the insurer disputes the claim.
Can you get pain and suffering damages from a workers' comp claim?
No, you cannot get pain and suffering damages from a workers’ comp claim.
Am I eligible to collect workers' comp benefits after being fired?
Yes, you can collect workers’ comp benefits after being fired if your injury occurred while you were employed.
What are an employer's workers' compensation responsibilities?
An employer’s workers’ compensation responsibilities are to carry state-mandated insurance, post notices of employee rights, and report workplace injuries to their insurer promptly. They must provide claim forms and cannot retaliate against an employee for filing a claim.
How long after the workers' comp settlement do I get paid in California?
After a workers’ comp settlement in California, payment is made within 30 to 60 days. However, it can vary depending on the specifics of the case.
Injured on the Job? Contact Us.
Know your rights, secure benefits, get treatment, and protect your family’s future. We’re here to help. Contact us.
"(Required)" indicates required fields